HomeMy WebLinkAbout14 - Amendment to the PSA for Environmental Services for a Landfill Gas to Energy Facility at 20662 Newport Coast Drive (PA2022-063)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 22, 2024
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Joselyn Perez, Senior Planner - 949-644-3312,
jperez@newportbeachca.gov
TITLE: Amendment No. One to the Professional Services Agreement with
PlaceWorks, Inc. for Environmental Services for a Landfill Gas to
Energy Facility at 20662 Newport Coast Drive (PA2022-063)
ABSTRACT:
For the City Council's consideration is a request for approval of Amendment No. One to
the Professional Services Agreement (PSA) with PlaceWorks, Inc. for environmental
consulting services related to the proposed construction of a landfill gas to energy facility
at 20662 Newport Coast Drive, adjacent to the closed Coyote Canyon Landfill.
Amendment No. One is required due to changes in the project's scope, the need for
additional air quality analysis, and additional project management. All costs associated
with the PSA are paid by the applicant.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve and authorize the Mayor and City Clerk to execute Amendment No. One to
Professional Services Agreement with PlaceWorks, Inc. for Preparation of
Environmental Analysis and Documentation for Landfill Gas to Energy Plant at
20662 Newport Coast Drive, in an amount not -to -exceed $188,613 and in a form
substantially similar to the agreement attached to the staff report.
DISCUSSION:
On March 18, 2022, SCS Engineers, on behalf of Archaea Energy and Orange County
Waste and Recycling (Applicant), applied for a conditional use permit to construct and
operate a new renewable natural gas (RNG) processing facility adjacent to the closed
Coyote Canyon Landfill. As proposed, the RNG facility would take methane gas
generated from the landfill, currently being flared off, and will instead convert it into
pipeline -quality natural gas. The natural gas would then be injected into existing SoCal
Gas infrastructure to provide additional supply to the system.
14-1
Amendment No. One to the Professional Services Agreement with PlaceWorks, Inc. for
Environmental Services for a Landfill Gas to Energy Facility at 20662 Newport Coast Dr.
October 22, 2024
Page 2
The project site is located between Newport Coast Drive and California State Route 73.
It is improved with a level building pad and a surrounding perimeter block wall. The site
was historically developed with an RNG facility that was removed approximately seven
years ago, as the landfill gas generated was not of sufficient quality to be processed into
RNG with technology available at that time. Currently, there are two existing flare stacks
and two existing telecom facilities within the block wall perimeter that are partially
obscured by existing vegetation.
Figure 1: Project site (20662 Newport Coast Drive), outlined in red.
During initial evaluation of the application materials, City of Newport Beach staff
determined that a mitigated negative declaration (MND) would likely be required to fulfill
the requirements of the California Environmental Quality Act (CEQA). The City released
a request for proposals to identify a consultant to prepare the MND. Three proposals were
received and evaluated.
PlaceWorks, Inc. (PlaceWorks) scored the highest on the technical review and was
awarded the contract. The original contract value of $106,191 was approved by the city
manager and the PSA between the City and PlaceWorks was executed on July 25, 2023.
The original PSA is available for reference as Attachment B.
14-2
Amendment No. One to the Professional Services Agreement with PlaceWorks, Inc. for
Environmental Services for a Landfill Gas to Energy Facility at 20662 Newport Coast Dr.
October 22, 2024
Page 3
Changes and Necessary Amendment
Since the original PSA was executed, City staff has been working with PlaceWorks, the
Applicant, the Applicant's consultants, and responsible agencies to prepare and review
the necessary technical studies, and to evaluate the proposed project pursuant to the
CEQA Guidelines. Amendment No. One to the PSA is required due to three main factors
that were not anticipated:
1) Biological Analysis
The original proposal was based on the installation of the RNG facility entirely within
the block wall perimeter. During project review, the City's fire marshal identified trees
along the outside of the block wall perimeter that would need to be removed to mitigate
fire risks from the project. The change in project to include vegetation removal requires
the onboarding of a biologist to inventory site vegetation, evaluate vegetation to be
removed, craft mitigation measures for the loss, and prepare a vegetation
management plan for the area.
2) Expanded Air Quality Analysis
The project requires a permit to operate from the South Coast Air Quality Management
District (SCAQMD), making SCAQMD a responsible agency on the MND. SCAQMD
requested PlaceWorks include both CEQA-level air quality analysis and permitting -
specific air quality analysis in the MND. The addition of permitting -specific analysis is
a change from PlaceWorks' original proposal.
3) Project Management
With the changes to the project and subsequent analysis, PlaceWorks has needed to
attend additional coordination meetings with staff, the Applicant, and SCAQMD. The
amended PSA will cover these meetings along with the time and materials needed to
update the MND to reflect the changed project.
As Amendment No. One increases the contract by $82,422, bringing it above the
threshold for city manager approval, City staff is presenting the PSA to the City Council
for approval. The amendment also includes $8,000 in contingency fees to ensure the
timely completion of the MND, reducing the likelihood of needing to return to the City
Council for additional amendments.
FISCAL IMPACT:
Although the City has entered into and executed the PSA with PlaceWorks, Inc., the entire
cost of consulting services, including Amendment No. One, will be paid by the Applicant
in an amount not -to -exceed $188,613.
14-3
Amendment No. One to the Professional Services Agreement with PlaceWorks, Inc. for
Environmental Services for a Landfill Gas to Energy Facility at 20662 Newport Coast Dr.
October 22, 2024
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
► Is] IMIkiLes
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment No. One to Professional Services Agreement
Attachment B — Professional Services Agreement with PlaceWorks, Inc.
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Attachment A
Amendment No. One to Professional
Services Agreement with PlaceWorks, Inc.
14-5
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC. FOR
PREPARATION OF ENVIRONMENTAL ANALYSIS AND DOCUMENTATION FOR
LANDFILL GAS TO ENERGY PLANT AT 20662 NEWPORT COAST DRIVE
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 22nd day of October, 2024
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PLACEWORKS, INC., a California
corporation ("Consultant"), whose address is 3 MacArthur Place, Suite 1100, Santa Ana,
CA 92707, and is made with reference to the following:
RECITALS
A. On July 7, 2023, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Preparation of Environmental Analysis and
Documentation for Landfill Gas to Energy Plant at 20662 Newport Coast Drive
("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to update Exhibit B — Schedule of Billing
Rates, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be replaced in its entirety by the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference.
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty Eight
Thousand Six Hundred Thirteen Dollars and 00/100 ($188,613.00), without prior
.W
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighty Two Thousand Four Hundred Twenty Two Dollars and 00/100 ($82,422.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Placeworks, Inc. Page 2
14-7
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10 I w 17
By:
Aara C. Harp
City Attorney
ATTEST:
Date:
1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bw
Will O'Neill
Mayor
CONSULTANT: PLACEWORKS, INC., a
California corporation
Date:
Bv:
Leilani I. Brown Randal W. Jackson
City Clerk President
Date:
By:
Kara L. Kosel
CFO/Vice President, Finance
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Placeworks, Inc. Page 3
14-8
EXHIBIT A
SCOPE OF SERVICES
Placeworks, Inc. Page A-1 14-9
Lio PLACEWORI(S
May 31, 2024 (Updated June 13, 2024, July 24, 2024, and August 13, 2024)
Joselyn Perez, Associate Planner
City of Newport Beach
100 Civic Center Drive,
Newport Beach, CA 92660
Subject: Request for Additional Fees for the Landfill Gas to Energy Plant Project the IS/MND (CNB-25.0)
Dear Ms. Perez:
Pursuant to our conversaticn on May 30, 2024, our email exchanges on June 12, 2024, and July 16, 2024,
and our conference call on July 31, 2024, this letter is to request additional fees for our services on the Landfill
Gas to Energy Plant Project. PlaceWorks is requesting additional fees for Task 1.2, Project Description, Task
2.1, AQ, Energy, and GHGAnalysis, Task 4.1, Screencheck Draft IS/MND, and Task 4.2, Printcheck 1S/MND, for
out -of -scope work as described below. Additional fees are also requested for Task 7.1, Meeting and Public
Hearings, and Task 8.1, Project Management and Coordination, to cover additional City coordination
meetings and project management time related to a six-month schedule extension beyond PlaceWorks'
control.
Additionally, we are adding Tasks 2.2, General Biological Services Support, Task 2.3, Arborist Review, and Task
2.4, Fuel Modification Plan, to include biological resources and fire protection work to be conducted by
Dudek as described below. Additional fees forTask8.1 are also included for PlaceWorks staff to manage and
coordinate this work. Based on our discussion with the City, we are also requesting the addition of a
contingency to the contract amount.
Scope of Work
TASK 1. PROJECT INITIATION
Task 1.1 Kick-off Meeting
This task is complete, and no additional fees are requested.
Task 1.2 Project Description
The original project description was based on the installation of a new renewable natural gas (RNG)
processing plant and pipeline interconnection facility with all construction work taking place within the
walled, and completely paved project site. When PlaceWorks reached out to the Fire Chief as part of the
IS/MND preparation process, the Fire Chief raised issues with the proposed RNG facility. Namely, fire hazards
associated with a fire starting on the site and spreading out or a fire starting in the surrounding area and
reaching the facility. The Fire Chief requested that some of the trees right up against the wall be removed.
Some of these trees were planted as part of a Tree Replacement and Revegetation Plan and are used for
screening the site from public view. Since trees against the wall are Eucalyptus, coastal live oak, white alders,
and western sycamore (a mix of native and non-native) they may also have biological value.
3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1 714.966.9220 1 PjaceWorks.com
14-10
The tree removal activities are part of the project and therefore, the project description has changed and
needs to be updated accordingly. There has also been a change to one of the laydown areas for the project
that needs to be updated in the project description.
Task 1.3 Tribal Consultation Initiation
This task is complete, and no additional fees are requested.
TASK 2 TECHNICAL STUDIES PREPARATION
Task 2.1 AO, Energy, and GHG Analysis
PlaceWorks is requesting additional fees for out -of -scope work related to the inclusion of both a CEQA-level
air quality analysis and a South Coast Air Quality Management District (AQMD) permitting level air quality
analysis in the IS/MND. Additional budget is also requested for an unanticipated level of coordination with
South Coast AQMD in preparation of such analyses (e.g., preparation of an air quality approach
memorandum for South Coast AQMD, and minutes of meetings).
Task 2.2 General Biological Services Support
Dudek will provide up to 24 hours of as -needed biological services at a rate of $300/hour. In general,
PlaceWorks requires a biologist to write the mitigation measures for the IS/MND to ensure that any impacts
to biological resources related to the tree removals are adequately mitigated.
Task 2.3 Arborist Review
Dudek's International Society of Arboriculture (ISA) certified arborist will conduct an initial site visit to review
the current tree species and map trees that have been identified by NPFD and OCWR for removal.
Furthermore, during the initial visit, Dudek will identify any trees near the structure that should be removed
due to fuel modification zone spacing requirements. This will not be a comprehensive tree inventory or risk
assessment and will only identify trees recommended for immediate removal based on health and/orspacing
requirements. The findings will be incorporated into the biological services review (Task 2.2).
Deliverable(s):
Tree location exhibit identifying recommended tree removals (pdf)
Tree information matrix identify trees recommended for removal
Task 2.4 Fuel Modification Plan
Task 2.4.1 Data Acquisition and Review Preliminary Assessment
Dudek will compile the most recent digital information including site and grading plans, aerial imagery,
vegetation, topography, and fire history for incorporation into the fire protection analysis, fuel modification
plan, site's fire behavior models and GIS/CAD exhibits. Additionally, Dudek will perform pre -field preparation
tasks including project plan review, potential hazard area prioritization, and field task scheduling.
Dudek will perform site plan review to gain a thorough understanding of the project and its fire environment.
Dudek will also preview the site based on Google Earth images and meet with the project team for an
AUGUST 13, 20241 Page 2
14-11
10 P.ACEWORKS
Informational meeting to discuss the project and its constraints. Dudek will coordinate with the Newport
Beach Fire Department (NBFD) to discuss the project and request Input if necessary.
Taslt 2.4.2 Site Field Assessment
Dudek will conduct a site -specific risk assessment and field data collection that will be used for completing
the overall project risk assessment and fire behavior modeling analysis. Among the field tasks that will be
completed are:
» Vegetation measurements and mapping refinements
» Fuel load analysis (current and historic)
» Topographic features documentation
» Photograph documentation
» off -site land uses and fuel status
» Confirmatlon/verification of hazard assumptions
» Access/egress documentation
Task 2.4.3 Conceptual Fuel Modification Plan Preparation
Per NBFD guidelines, a fuel modification plan will be prepared for this project. Fuel modification plans include
the optional submittal of a conceptual plan and a final precise plan. Because all the conceptual plan
information Is necessary on the precise plan, we propose to prepare the conceptual plan and get its
acceptance, so preparation of the precise plan is streamlined. Preparation of these plans will include use of
AutoCAD and will incorporate landscape components that are suitable for a modified fuel area. Consistent
with County requirements, Dudekwill prepare three sets of conceptual fuel modification plans for submittal
to NBFD. This task includes one round of plan revisions following review by the City and one round of plan
revisions following NBFD review. Additional plan revisions, whether requested by the City or NBFD, are not
Included In this scope of work The conceptual fuel modification plan shall include topographic Information,
existing vegetation/fuel locations, proposed structure locations, proposed fuel modification zone locations,
proposed treatment prescriptions, site photographs, results from fire behavior modeling efforts, and other
Information required under NBFD's Guidelines. Depending on whether portions of the Fuel Modification Plan
do not conform with requirements, a performance -based approach consistent with NBFD guidelines will be
utilized, which includes submittal of additional technical analysis, as described below.
Dellverable(s):
» Draft Conceptual Fuel Mod Plan for internal review— pdf file
» Draft Conceptual Fuel Mod Plan for NBFD review— pdf file
Task 2.4.4 Precise Fuel Modification Plan Preparation
The precise fuel modification plan shall Include all the information presented in the conceptual plan, as well
as the following:
» Location and detail of permanent zone markers
» Plant palette and spacing design In accordance with approved guidelines
» Irrigation plans and specifications
AUGUST 13, 20241 Page 3
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PLACEWORKS
» Structure footprints or delineation of proposed development
All applicable maintenance requirements and assignment of responsibility
v Additional notes, as required by NBFD
u Three sets'of plans will be submitted for NBFD review.
Del Ivera ble(s):
» Draft Precise Fuel Modification Plan for internal review — pdf file
» Draft Precise Fuel Modification Plan for NBFD review— pdf file
Final Precise Fuel Modification Plan to NBFD— pdf file
Task 2.4.5 Technical Fire Behavior Report Preparation
NBFD requires the preparation of a fire behavior analysis -supporting Technical Report. The Technical Report
provides fire risk assessment information, fire behavior modeling results, WindNinja wind pattern analysis,
and technical analysis of the proposed mitigation measures. Our recent experience with NBFD Indicates that
a Technical Report will be required for this project, as well as the possibility of an AM&M report based on
inability to comply with Fire Modification Zone requirements.
Deliverable(s);
u Draft Technical Fire Behavior Report— pdf file
Draft Technical Fire Behavior Report for NBFD review — pdf file
» Final Technical Fire Behavior Report to NBFD — pdf
Task 2.4.6 Alternate Materials and Methods Report (Optional)
If necessary, Dudek will prepare an Alternative Materials & Methods report justifying the reduced fuel
modification zones associated with the site building locations. The AM&M report examines the
requirements, the deviation from the requirements, other mitigating site features (terrain, structure
location, earthen berms, overall structural exposure, etc.) and provides additional measures, as necessary,
to justify that the intent of the code requirements are being satisfied. AM&M reports provide scientific
justifications that the proposed fuel modification will provide equivalent function as the standard NBFD fuel
modification area with the addition of proposed mitigation measures. Dudek will follow the NBFD Guideline
A-01 for preparation of this AM&M report.
Dellverable(s):
Draft AM&M Report for Internal Review — pdf file
Draft AM&M Report for NBFD Review — pdf file
Task 2.4.7 Meetings Project Administration, Publication Services, and communications
Dudek anticipates attendance at up to two meetings with the project team and/or the NBFD. These meetings
may Include presenting their Initial findings, discussing potential Issues, or proposing mitigating measures
(internally and then to NBFD). No community or public meetings are included under this scope of work.
Communications and administrative, OA/QC, report production and project management work is included in
this task.
AUGUST 13, 20241 Page 4
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TASK 3 TECHNICAL SRUDIES PEER -REVIEW
Task 3.1 Noise Analysis
This task is complete, and no additional fees are requested
Task 3.2 Initial Aesthetics Planning Exhibits
This task is complete, and no additional fees are requested
TASK 4 ENVIRONMENTAL DOCUMENTATION
Task 4.1 Screencheck Draft IS/MND
Additional fees are requested to update the impact analysis related to a change in the location of the offsite
laydown area within the closed landfill. This involves a discussion of the biological resources at the new
laydown area and how impacts will be avoided.
Additional fees are also required to coordinate with South Coast AQMD and OCWR as requested. This
includes preparing a memorandum for South Coast AQMD that includes sections of the IS/MND related to
its area of expertise. South Coast AQMD will review the memorandum to concur with the AQ and GHG
analyses and findings of the IS/MND. Coordination with OCWR also includes its revision of analyses and
findings related to its area of expertise, such as emissions from the existing flares and biological impacts
related to the laydown area within the landfill or beyond the wall surrounding the project site.
Task 4.2 Printcheck IS/MND
We are requesting additional fees for this task to coordinate and address any further input from South Coast
AQMD and OCWR at this stage of the CEQA process. Our original scope of work only includes coordinating
and addressing comments from the applicant and the City.
Additional time and fees are also required to properly address the Fire Chiefs defensible space and tree
removal requirements and subsequent need for updated aesthetic impact exhibits and a more robust
discussion of biological resources. Furthermore, the impact analysis for public services and wildfire needs to
be updated accordingly.
Task 4.3 Public Review IS/MND and Notice of Intent
Task 4.3.1 Public Review IS/MND
Additional fees are requested for this task to coordinate and address input from South Coast AQMD and
OCWR at this stage of the CEQA process. Our original scope of work only includes coordinating and
addressing comments from the applicant and the City.
Task 4.3.2 Notice of Intent
This task has not been initiated, and no additional fees are requested.
AUGUST 13, 20241 Page S
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PLe4CEWORKS
TASK S. RESPONSE TO COMMENTS
Task 5.1 Response to Comments
This task has not been Initiated, and no additional fees are requested.
TASK 6. APPROVAL DOCUMENTS
Task 6.1 Approval Documents
This task has not been Initiated, and no additional fees are requested.
TASK 7. MEETINGS AND PUBLIC HEARINGS
Task 7.1 City Staff Coordination and Public Hearings
Our approved scope for this task Includes the participation of PlaceWorks' Project Manager (PM) in up to
two conference calls/meetings and one coordination meeting with South Coast ACIMD (three meetings
total). To date, PlaceWorks has already participated In the following seven meetings/calls:
Meeting with South Coast AQMD on 01/30/24
Meeting with the City engineer to discuss the PWQMP and Drainage Plan 04/18/2024
Meeting with the City and Applicant to discuss the offsite consequence analysis on 05/02/2024 (PM and
technical staff)
» Meeting with the City, City's fire chief, Applicant, and OCWR on 05/15/2024 (PM and technical staff in
attendance)
Meeting with the City to discuss AQ/GHG approach on 05/21/2024 (PM and technical staff in attendance)
Meeting with the City, Applicant, and OCWR to discuss AQ/GHG approach on 05/29/2024 (PM and
technical staff In attendance)
» Meeting with the City, City engineer, Applicant, and OCWR to discuss the PWQMP on 05/30/2024
For budgeting purposes, It Is assumed that four additional meetings would be required. We are also
requesting an additional budget to cover four of the seven meetings listed above.
TASK 6. PROJECT MANAGEMENT
Our original scope of work anticipated project completion at the beginning of May 2024. It Is now anticipated
thatthis project will be scheduled for public hearings at the beginning of November 2024. There has been a
six-month project delay due to conditions beyond PlaceWorks' control. Our request for additional fees for
this task would cover project management efforts for six additional months. We have assumed 1.5
hours/week for our Project Manager and 0.5 hour/week for our Principal In Charge.
We also require addltional project management budget to coordinate Dudek's new scope of work (see Tasks
2.2 through 2.4).
AUGUST 13, 20241 Page 6
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EXHIBIT B
SCHEDULE OF BILLING RATES
Placeworks, Inc. Page B-1 14-16
sm
Ltq PLACEWORICS
CONTINGENCY
PlaceWorks is requesting that an $8,000 contingency be added to this contract to sidestep the potential need
to go back to City Council for future, unexpected out -of -scope work. It Is anticipated that the contingency
would be available to cover additional project management if the schedule is further extended, or additional
meeting and public hearing attendance is required. The contingency could also be available If more IS/MND
rounds of review are requested or more extensive comments during the public review period are received.
Additional Fees Requested
The following budget sheet summarizes the original contract, amount invoiced through July 31, 2024,
requested additional fees, and total contract upon approval of additional fees. The summary also includes
the approved budget reimbursables.
The total amount for Dudek with the optional Alternate Materials and Methods Report is $33,660. The
amount without the optional task is $30,470. PlaceWorks is requesting a total of $40,762 with an additional
$8,000 contingency.
BUDGET TRANSFER SHEET
REQUESTED
APPROVED AMTINVOICEDTHRU ADDITIONAL TOTALCONTRACT
CONTRACT JULY 2024 FEES W/AMENDMENT
TASK 1. PROJECT INrNATiON
1.1 Kick-off Meeting
$1,346
$1,364
$1,346
1.2 Project Description
4,019
4,085
1,535
5,554
1.3 Tribal Consultation initiation
1,490
1,428
1,490
Task 1. Subtotal
$6,855
$6,877
$1,535
$8,390
TASK 2: TECHNICAL STUDIES PREPARATION `
2.1 A0, Energy, and GHG Analysis
$33,109
$32,760
$10,299
$43,408
2.2 General Biological Services
Support
0
0
7,920
7,920
2.3 Arborlst Review
0
0
5,280
5,280
2.4 Fuel Modification Plan
2.4.1 Data Acquisition and Review
PreliminaryAssessment
0
0
770
770
2.4.2 Site Field Assessment
0
0
1,705
1,705
2.4.3 Conceptual Fuel
Modification Plan Pre aration
0
0
6,050
6,050
2.4.4 Precise Fuel Modification
Plan Preparation
5,005
5,005
2.4.5 Technical Fire Behavior
Report Preparation
0
0
1,815
1,815
2.4.6AitemateMaterials and
Methods Report (Optional)
0
0
3,190
3,190
AUGUST 13, 20241 Page 7
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10 PLAGEV(/ORKS
BUDGET TRANSFER SHEET
REQUESTED
APPROVED
AMT INVOICED THRU
ADDITIONAL
TOTAL CONTRACT
CONTRACT
JULY2024
FEES
W/AMENDMENT
2.4.7 Meetings Project
0
0
1,925
1,925
Administration, Publication
Services, and Communications
Task 2. Subtotal
$33,109
$32,760
$43,959
$77,068
I0%31-.J. .I CWIIVILAL 31 UUIC.I CCCR-KEVICW
3.1 Noise Analysis
$2,785
-$2,809
$2,785
3.2 Initial Aesthetics (Visual Impacts)
Planning Exhibits
2,805
2,736
2,805
Task 3. Subtotal
$5,590
$5,545
$5,590
TASK 4. ENV[FtONfJIENTALDOCUMENTATION
4.1 Screencheck Draft IS/MND
$24,143
$24#090
$91071
$33,214
4.2 Printcheck IS/MND
3,126
1,329
5,016
8,142
4.3 Public Review IS/MND and
Notice of Intent
4.3.1 Public Review iS/MND
1,622
0
660
2,282
4.3.2 Notice of Intent
1,464
0
a
1,464
Task 4. Subtotal
L $30,355 1
$25,419
1 $14,747
1 $45,102
TA$K 5., RESPONSE TQ.CAMMENTS
5.1 Response to Comments
$6,671
$0
$6,671
Task S. Subtotal
$6,671
$0
$6,671
TASK 6 APPROVAL 0*MENTS
6.1 Approval Documents
$1,928
$0
$1,928
Task 6. Subtotal
$1,928
$0
$1,928
TASK I. MEETING=S ANQ Pl1gLJC HEAIUNGS
7.1 Meetings and Public Hearings
$5,477
$3,226
$4,339
$9,816
Task 7. Subtotal
$5,477
$3,226.1
$4,339
. $9,816
TASK 8. PROTECT MAkAGEM&fAND CWRDIAI 7 6N
8.1 Project Management and
Coordination
$10,822
$10,825
$9,862
$20,684
Task 8. Subtotal
$10,822
$10,825
$9,862
$20,684
Reimbursables
$5,384
$488
$5,394
Contingency
$8,000
$8,000
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AUGUST 13, 20241 Page 8
14-18
PlaceWorks — 2024 Standard Fee Schedule
STAFF LEVEL
HOURLY BILL RATE
Principal
$210—$335
Associate Principal
$195—$275
Senior Associate II
$170—$260
Senior Associate 1
$160—$220
Associate II
$135—$190
Associate 1
$125—$175
Project Planner
$105—$165
Planner
$90—$145
Graphics Specialist
$90—$155
Administrator
$145—$235
Clerical/Word Processing/Technical Editor
$45—$155
Intern
$80—$115
Subconsultants are billed at cost plus 10% Mileage reimbursement is at the standard IRS -approved rate.
Possible yearly increase of 5% on bill rates.
2024 StdFeeSch 01-09-24
14-19
Attachment B
Professional Services Agreement with
PlaceWorks, Inc.
14-19
PROFESSIONAL SERVICES AGREEMENT
WITH PLADEWORK, INC. FOR
PREPARATION OF ENVIRONMENTAL ANALYSIS AND DOCUMENTATION FOR
LANDFILL OAS TO ENERGY PLANT AT 20662 NEWPORT COAST DRIVE
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 7th day of July, 2023 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
PLA EWORKS, INC-, a California corporation ("Consultant"), whose address is
MacArthur Place, Suite 1100, Santa Ana, California 92707, and is made with reference
to the fallowing;
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now tieing
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant for Preparation of Environmental Analysis and
Documentation for Landfill Gas to Enemy Plant at 20662 Newport Coast Drive
("Project").
G. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluates} the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEE REFORE, it is mutually agreed by and between the ondersigned parties
as follows:
1. TERM
The term of this Agreement small commence on the Effective Date, and shall
terminate an June 30, 2025, unless terminated earlier as set forth herein,
2. SERVICES E TO BE PERFORMED
Consultant shall diligently perform all the services described irr the Scope of
-Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion,
14-21
. TIME OF PERFORMANCE
.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A_ In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City,
,2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control, However, in the ease of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control,
A For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the cirrum tances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant foes, shall not exceed One Hundred Six
Thousand One Hundred Ninety One Dollars and 001100 ($100,191.40), without prior
written authorization from City. No billing rate changes shall be made during the terra of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work tilled on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (0) calendar
days after approval of the monthly invoice by City staff,
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Piaceorks, Inc. Page 2
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by Ity to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit S.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project, This Project Manager shall be available to City at all reasonable
times during the Agreement terra, Consultant has designated Dina El Charnmas to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written Consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
52 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement,
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff_ The Project Manager's cellular phone number shall be provided to City.
. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
ity's Associate Planner or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement, The Project Administrator snail
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement,
7. CITY'S CITY'RESPONSIBILITIES
To assist Consultant in the exeCution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule,
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision, Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
Placeworks, Inc, Page
14-23
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
&2 Consultant represents and warrants to City that it has, shall obtain, and Shal I
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession_ Consultant shall maintain a City
of Newport Beach lousiness iicense during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance b
City, cvntraotors, or governmental agencies_
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action. suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
reasonable attorneys' fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims'), to the extent which they arise
from or in any manner relate (directly or indirectly) to any breach of the terms and
conditions of this Agreement, any negligent Work performed or negligent Services
provided under this Agreement including, without limitation, defects in workmanship or
materials or Consultant's presence or activities conducted on the Project (including the
negligent, reckless, andlor willful acts, errors andlor omissions of Consultant, its
principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of theta or for whose acts they may be
liable, or any or all of them).
0.2 Notwithstanding the foregoing, nothing herein} shall be construed to require
Consultant to indemnify the Indemnified Parties from any Clairn arising from the sole
negligence or willful misconduct of the Indemnifier! Parties, Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on a to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant,
Placeworks, Inc, Page
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. 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 expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City, Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
f fi1 Kels3;j4MIN 118101
Consultant agrees to work closely and cooperate fully with ity's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed_ City agrees to cooperate with the Consultant on the Project.
12, CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with ity's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned. and any meetings that have been scheduled or are desired,
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference_
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
Placeorks, Inc, Page 5
14-25
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 co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is are intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between time
subcontractor and City- Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City-
17, OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, welbsites, Clogs, social media accounts and
applications ( hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees. agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party- Additionally, all material posted in cyberspace by Consultant, its officers.
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shah, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request,
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project- Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at ity's sole risk and without liability to Consultant, Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes,
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office an&orviewable with Adobe Acrobat.
Placeworkcs, Inc. Page 6
14-26
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writkng the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
onsultarnt shall defend and indemnify City, its agents, officers, representatives
and employees against any and ail liability, including costs, for infringement or alleged
infringement of any United States` letters patent, trademark. or copyright, including costs,
contained in Consultant's Documents prodded under this Agreement,
Q. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
perforated under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, fora minimurn period of three () }rears,
or for any larger period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be cleady identifiable.
Consultant shall allow a representative of pity to examine, audit and make transcripts or
copies of such records and invoices during regular business hours, Consultant shall allow
inspection of all Work, data, Documents. proceedings and activities related to the
Agreement for a period of three () years from the date of final payment to Consultant
under this Agreement,
1. WITHHOLDING
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, frorn the date of withholding of
any amounts founts to have been improperly withheld,
2. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne b
Consultant. Nothing in this Section is intended to limit ity's rights render the law or any
other sections of this Agreement.
Place arks, Inc_ Page {
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3. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
4. CONFLICTS OF INTEREST
24,1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
sea„ which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and ()
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24-2 if subject to the Act and/or Government Code §§ 1090 et sew, Consultant
shall conform to all requirements therein, Failure to Rio so constitutes a material breach
and is grounds for immediate termination of this Agreement by City_ Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section_
25, NOTICES
25,1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepald, first-
class mail, addressed as hereinafter provided,
5_2 All notices, dernands, requests or approvals from Consultant to City shall
be addressed to City at.
Atm. Associate Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25_3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at'
Attn: Dina E1 Chammas
Place arks, Inc.
3 MacArthur Place, Suite 1100
Santa Aria, CA 9707
Plaoecrs, Inc. Page 8
14-28
6. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment_
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any oiaim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 etseq.).
7. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provision
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two ( ) calendar days. or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of clue
performance within two () calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at anytime b
giving no loss than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City} shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. Cn the effective date of termination, Consultant
shall deliver to City all reports. Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals, City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
8.2 Compliance with all Laws_ Consultant shall, at its own cost and expense,
comply with ali statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Piaceworks, Inc_ Wage 9
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of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 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 hereirn_
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28_5 Conflicts or Inconsistencies_ In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms. of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney,
28.8 Severabijity. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full farce and effect.
8.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the Counter of
Orange, State of California.
28.10 Equal opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
8.11 No Attorne s' Fees, In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28,12 Counterparts. This Agreement may be executed in two () or more
counterparts, each of which shall be deemed an original and all of which together shah
wnstitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Placeors, Inc. Page 10
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY7S OFFICE a California Tuniipal corporation
date: - Date:
By, - B:
A� rp c. z� a w Leung
City Attorne • 'Manager
ATTEST:
Date.
B:
Leilani I. f
City Clerk
CONSULTANT: Place arks, Inc„ a
California corporation
Date;
Signed in Counterpart
Bv:
Robert Keith McCann
Chief Executive OfFicerlecretary{
Chief Financial Officer
J } ND OFSIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Bates
Exhibit C - Insurance Requirements
Placeworks, Inc. Page 11
14-31
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'5 OFFICE
Dale.. I zv_ 2-;-41
daro . Hap , za x wc.
t Attcmey
ATTEST:
Date ,
B .
Leilani 1. Brown
City Clerk
'CITY OF NEWPORT T BEACH,
o California municipal corporation
Date:
B v,
Grace K. Leung
City Manager
CONSULTANT: Placeworks, inc_, a
California corporation
Date, I ��
--- Y7 Z —
Robert Reith MECann
Chief Executive Officer) ecretary/
Chief Financial Officer
[END OF SIGNATURES]
Attachments-. Exhibit A — Scope of Services
Exhibi# B Schedule of Billing Fates
Exhibit C -- Insurance Requirements
Place arks, inc. page 11
14-32
EXHIBIT
Piacework . Inc. Pace: A-1 14-33
PLJEWKS
Scope of Work
TASK 1. PROJECT INITIATION
Task 1.1 Kick -Off Meeting
PlaceWorks' project rYldndger and oir qu,3Iity specialist will participate in a project iniLiatiorl/kick-off
meeting with City stiff and Mu project applicant to discuss the proposed project and Lhe project
goals and objectives; identify .3rly data needs and gaps; identify roles and responsibilities; confirm
the project approach, scope, and schedule; and document the review proLacol to ensure that
deliverables are consistent with the overall project timeline. For the rneet6g, Place nrk5 will initiate a
d+scussion of the project's patentiai issues and opportunities as r)bserved by City staff- Place Works will
prepare an agenda for discussion al the kick-off meeting. After the kick-aff meeting, PlaceWorks will
prepare and submit meeting notes and a refined project schtieduic,
Deliverables;
>� Kick-off Meetirig Attendance (Project Manager and Air Quality spccia%A)
» Agenda
> Meetingnotes
Refined schedule 'in fvlicrr soft Project
Task 1.2 Project Description
A defensible CEQA 6acument starts with a comprehensive and accurate project description. With
information from the kirk -off meeting, the project description prepared by SCS Engineefs (dated
September 27, 2022), resource documerrts, and data review, PlaceWorks will prepare a comprehensive
project description that wit I corn ply with Section 15124 of thu CEGA GoidPIlnes and articulate the proposed
development. The project description will also dine the area of development, project design features,
land use designations, and any pertinent access or infr, tructure mprove ments- The project description
will be Supported with figures that will include the regoorial context, local context, aerial photograph, off -
site impfovements, etc. The project descriptfan will also identify the proposed project's required
entitlernenls from the City and respapsi ble agencies.
PlaceWorks will submit the scr2encheck project description to the City for review. Upon receipt of
comments, we will revise the project description, as needed, for inclusion in the IS/MND.
February 8, 2D23 [Updated June S. 2023) 1 Page 4
14-34
Q PLACEWORKS
Deliverables:
» Proje; t Description electronic copy)
s Revised Project Description (electronic copy) per City revlew Comments
Task 3.3 Tribal Consultation Initiation
PlaceWorks can help with the tribal rtoti fication process pursuant to the requirements of Assembly Bill (AB}
52. PlaceWorks would request the list of tribes that are on the City`s notification list and prepare
notification letters for distribution. It is a>surned that 1hke City wall manage tht eon�,ultaticirr process with
pertinent tribes who have requested it_ Compliance with tribal notification and consultation under AB 52
are the respurisibilltiescof lead agencies under CEQA and IlaceWorks is available to as,�-i5t with the addMonal
consultation services, if desired, under a separate work authorization.
A summary of all consultations and a subsequent evaluation for any potential impacts to tribal cullural
rC50UFC125 �TCR) will be disclosed in the TCR 5ertion in the Draft ISf IVIN0. All in put received by the City should
be irnade available to Place arks for record keeping and ease of reportirg Thss task would be initiated a5
soon as possible to avoid unnecessary project delays.
DeUverubles:
}> Preparation and distribution of AB 52 notification letters
TASK 2. TECHNICAL STUDIES PREPARATION
Following are our approaches to the Air Quality, Energy, and Greenhouse (5as Emission Analyses to be
c:ornpleted by our in-house technical specialists.
Task 2.1 Air Quality, Energy, and Greenhouse Gas Emissions Analysis
PlaceWorks will prepare air quality, energy, and GH6 emissions analyses to evaluate potential iFri p,3cfs frorn
construction and operation of the proposed R€ G plant. The analyses will be consistent with the curfent
methodoiogy of the South Coast AQMD and will use the latest California Emissions Estimator Model
(CalEEMod). PlaceWorks' modeling is contingent on receipt of the applicant's draft air qui)lity analysis for
stationary emissions being prepared for the South Coast AQIVID permit.
I he applicant has indicated that the air permit application will include the emissions estimates from the
stationary sources and will be available} when the CUPJCFQA process is complete. However, a defensible
IS/MN D will require a draft air quality analysis, as required for the permit application, includinE disclosure
of the potential magnitude of stationary source emissions and the emission -Control requirements
anticipated by South Coast ACLNID to reduce ernisW)ns from these permitted sources (arid their control
efficiencies), Eased on prior experience, South Coast AQM€] requests that the CEGA analysis cover the
permit p!cicess and disclose these emissions and emissions controls within the CEDA document, To ensure
that the CEQA document being prepared addres5e.5 the analysis needed for the City's CUP and South Coast
AQMD's permit, and to help optimize the scheduie and minimize work redundancy, we have included a
Feb,-.Aa*y 8. 2023 Updated Juno S, 2023E I Page 5
14-35
PLACEWORKS
coordination meeting in nitr scope of work with the City, applicant, afid South Coast AGIVID. As noted in the
applicant's materials, it is anticipated that operation of the proposed project, including permitted
ernissions, would not exceed South CoastAQMD'st#iresholds and no sigrkificanl unavoidable impacts wouId
be identified_
Placel u(ks' ernissions nslysis and the preliminary stationary source emissions analysis supplied by the
applicant's air quality consultant will be incorporated into the IS/ND and modeling and will be included
as a lechrkical appendix. Mitigation measures to reduce potential impacts will be identified, as necessary,
Construction Phase. Place orks will provide an estimatie of the short-term, project-relaed construction
emissions. It is assumed [hat construction of the 1�NG plant and point of receipt pipeline extension to the
Biofuels Coyote Q riyon Biomethane facility would o{cur concurrently in one phase. Modeling assumptions
will be developed based on the construction schedule for the project, construction duration, dernolition {if
applicable), aM anticipated construction equipment for each construction subphase, as provided by the
City/applica nt (shown in Section 2.S of the Project Description for Rcncw�ible Natural Gas Plant for Biotuels
Coyote Canyon Biogas, dated September 27, 2022), Where ir)forrndtiofi is unavailable, Placeworks will use
C=alEE od defaults, as appropriate, and work with the Cilyf applicant to develnp the construction
asstsrnptions_ The calculated project -related construction emissions will be compared to the South Cso�ist
AQIVID regional significance thrc5lial& for c.oriwurtion for development projects.
Localized air pollution impacts from construction equipment exhaust and fugitive dust will he compared to
South Coast ACIMD's scfeefiing-level localized significance thresholds (LST) for their potential to elevate
r-nncentrations of air pollutants at the nearby land uses surrounding fhe project site.
Opmtlonal Phase. The existing project site has a landfill gas (EfG) collection and control system that
operates under an existing South Coast AQVID Title V permit. The proposed RNG plant would divert LPG
from the formef CCI to a new RNG plant to convert LfG to renewable. natural gas for injection into
_WalGas' pipeline_ The RNG plant would trigger review of the project by South Coast AQIVID under their
New Source Review (NSR) rules for stationary eftuiprricrit. Criteria air poliutarll emissions will be gefierated
by South Coast AQIVID permitted equipmcrxt for flaring of excess Nogas as well as process emissions,
including, but not limited to=
• Thermal Oxidizer (TOO}
• Er (.-rgc,ricy Enclosed Flare (900 hours per year)
a Chiller, compressors, and CO2 separation unit (De-Oxo-unit)
The applicant's Air Quality5tudy only addresses criteria air pollutant emissions from stationary sources and
will not addre3 -, GHG emissions. As a result, PlaceWu&! staff will supplement the information received
from the applicant with calculations forcriteria ait p0llut8nts from mobile sources and 6146 emissions from
bnth permitted and mobile sources. PlaceWorks will emirnate the increase in long-term criteria air pollutant
and CH() emissions associated with the project's land use emissions (i.e„ rron-stationary, such as mobile
sources) and will incorporate the analysis for stationary ernis ions provided by the applicant. As indicated
previously, we will work closely with the City and the applicant to reduce schedule delays. Lmission sources
February 8, 202: I Jpdated June 8, 2023} I Page 6
14-36
Q PLACEWORKS
from the existing facility will riot be calculated,- The operational ph,3se criteria air pullutants ernissions will
be compared to Soutar Coast AQM la's regional and I.STs,
AQMP Consistency. the South Coast Air Basin (SOCAB) is designated as a nonattainment area under Lhe
Califio-nia and/of federal ambient air quality stilndards (AAQS) for ozone and particulate matter (PMLcand
PM-: 4)- SCAQlv1D is required to prepare fir) Air Quality Manager-nent Plan (AQMP) to pruvide strategies to
achieve the federal AA05 by Lhe attainment date. The ISIM ND will include a consistency evaluation of the
project's regional emis�dons La South Coast AQ D's AQMP,
Co Hotspots. SoCAB has been designated in attainment for carbon monoxide (CO) under both the
California and Federal AAQS, For purposes of this scope and cost estimate, it is assumed that modeling of
CO hotspots will not be required. Therefore, the air quality analysis will only include a ttualitMive
assessment of CO hotspots,
Odors. The proposed project would requi re removal of H2S and VOC (as well as CD,, N,, and 01) frem the
biogas prior to injection to SoCalGas' facilities, Waste gas, which includes the HAS' and VOCs, afe ser)L
through a T DX for destruction to reducL, odors. I rt addition, SoCalGas requires the ttNO to be odorized prior
to injection. The air quality section of the ISJMND wil I identify potential sources of odor assodc ted with the
proposed project, PIace Work5 will coordinate with the applicant to identify measures to reduce odors and
comply with South Coast AQMD Rule 402.
Consistency with Energy and GHG Red u€tion Ptans. To achieve Lyle GHG3 reduction targets of Scn8te B i I I
(SB) -�7 and hL '12l4, the California Aif Resources Board (CARB) has prepared the 2022 Scoping Plarl,
Expanding use of biogas is one of the primary strategies to achieve 100 percent of the State's Renewable
Portfolio Standard (RPS) and reduce methane (CH:) emissions from landfills. Whilc components of the
project would Icad to ari increase in GHG ernissionsr digesting biogas in an anaerobic digesLer will reduce
CNa emissions. LFG is often used to generate renewable elemicity to achieve the State's RPS (e.g., the
former Coyote Canyon Energy facility, which ceased operations in 2015). The Proposed RN45 pl<3nt would
refine the biogas to generate renewable natural gas foi-SoCalGas or RNG fuel for trucks. In both uses, the
corive rsiurr of LFG Lo renewable P.Iectricity or renewable natura I gas would be consistent with CARB's GHG
reductiur7 and energy goals. The environmental benefits for GHG reduction 8nd energy generation will be
described in the IV ND. Project consistency with energy goals and GHG emissions -reduction strategies
will be reviewed_
Deliverables:
rSouth Coast AQMD Coordination Meeting Attendance (Project Manager and Air Quality specialist)
rr Air Quality, Efiergy, and G HG sections of the IS/MN D and modeling as a technical appendix.
TASK 3. TECHNICAL PEER REVIEW
f of lowi rig is our scope of work -nr peer review of the a pplicant-provided Noise a nalysis and Initial Aesthetics
Planflifig Exhibits_
Ihi, ind;Ades temporary Increasps in landfill flaring assouated WAh the ex, sting aperipkDns duiing cunAfuctlon 5lnr.FL it is assumed t*rat the
ildrl ng for 7hp pxinng 1 rC- collection system s is covered under Lho o4sLuig TiLIc V perm it
7 That which is not ronvcr tud to e-emental wlfu .
Februar? 8, 2023 �Updakod June S, 2023) 1 Page 7
14-37
PLACfWORKS
Task 3.1 Noise Analysis
PlaccWorks' noise arM vibration specialist will conduct a third -party technica= review of the apphc�int-
prtpared Noise Analysis for the proposed project. The review will confirm the use of accepted thresholds
of significance, confirm tha L the Lechnical modeling assumptions for construction and -operational activities
were conducted in accordance with industry standards and best practices, evaluate inte£naI consistency
between the modeling as5urnptions and the project description, and review recornmeaded measure-s to
reduce significant impacts of the project (if necessary). Place Works will also determine if additional noise
analysis is required. We will sumrnari2e the findin8s of the third party technical evaluation in a
merorandum. this scope of work assumes one round of peer review tir7d comment.
Deliverable.
rr Noise Analysis peer-revieww remorandum (in MS Word and 11DI- forrnat�
Task 3.2 Initial Aesthetics Planning Exhibiits
PlaceWorks will perform a peer review of the v sual simulatioris provided by VisionScape. Imagery. Our
review wil I involve using Sketchti p and Google Earth. A constrLmed conceptual massing model of the three
proposed 112S Removal Vessel, Flare, and Thermal Oxidizer structures will be developed using SketfhUp'S
Geo-location to orie(it the model for Google Earth. Place Works will import the massing model into Google
Earth Pro and use its 3D street view function to revievy views from the five locations used by VisionScape
Imagery. The review will use the date creatcd and compare the images to the visual simulations provided
by VisionScape Imagery, PlaceWorks will prepare a summary analysis of the findings from the visual
simulation to review -and determine if the provided material depicts the propesed views accurately.
Plac:eWorks is availa ble to assist with additional analysis, if needed, under a separate work authoritaLion-
Deliverables:
» Initial Aesthetics Planning Exhibits peer review memorandum (in MS Word and IIDI~ format)
TASK 4. ENVIRONMENTAL DOCUMENTATION
Task 4.1 Screencheck Draft IS/MND
The Screencheck Draft IS/ND will follow the City's format and will clearly identify and address the
potential a nvironmental issues facing the proposed project. It will be clearly written and avoid the use of
technical jargon, to the extent possible, so that the document Is easily understood- Ffie IS will include: the
project description, surrounding land use and setting, other required agency approvals, discussion of
environmental evaluation, required notices, and rtfercnces. PIaCeWorks will partially rely on the Coyote
Canyon Landtill Gas Recovery De}mcktion and Telec;on Update (PA2016-091) IS/MND (dated August 20161
in the preparation of Lhe project's ISJMND sirice information relating to existing conditions related to
agriculture}, Furestry, cultural, mineral, and tribal cultural resource. would not have changed substantially
since the preparation of the 2016 document.
The Screencheck Draft IS/MN D will address each of the 20 crsvironrnerital topics in Appendix G of the CEQA
Guidelines, adopted December 28, 2018-
e Aesthetics • Land Use and Planning
• Agriculture and Forestry Resources * Mineral Resources
February 8, 2023 (Updated June 8, 2023) 1 Page 8
14-38
* Air Qtjality
• Biological Resources
* Cultural Resources
Energy
• Geology and Salts
• Greenhouse Gas Emissions
• Hazards and Hafardous Materials
• Hydrology and Water Quallty
PLACEWORKS
• Noise
. Population and Housing
Public Services
. Recreation
■ Transportation
■ Tribal Cultural Resources
* Utilities and Service Systems
■ Wildfire
Beyond the technical aspects of preparing the CEQA document, our approach to the IS/MN D is to prepare
a reader -friendly document that clearly explains why the impact is considered neat significant or why the
recommended mitigation rneastares reduce the impact to a less -than. significant level. To accomplish this,
we will use a cornbin,�tion of narrative, figures, photograpfiS, maps, tables, and other visu<il aids. Findings
will be clearly substantiated iri the IS for each environmental topic checklist question to conclude impacts
as: (1)Potentially Significant,(2}Less than5ignificantwith iti�atiorllncorpor�9ted,(3) Less than 5ignificant,
or (/I) No Impact,
PlaceWorks will submit the Screencheck Draft WIVIND in Microsoft Word and PDF four+at with all f`:gures,
exhibits, and appendices for the Cily's review. Our schedule assurrics that the City will require two weeks
to review the Screencheck Draft ISf MND.
Deliverable.
S} Screencheck Draft 15f MNL) (in MS Ward and PDF format)
Task 4.2 Printcheck Draft ISf MND
PlaceWorks will review and respond to the City's comments on the Scree rcheck Draft ISjMND and prepare
a Printcheck Draft ISfMND. We a�>surne that all City staff comments will be compiled into one tracked -
changes IS/MND document and transmitted to Place arks via email. As needed, PlaceWorks' project
manager will participate in conference calls with City staff to go over comments, discuss and resolve any
areas of concern in the Screencheck Draft ISf MND, clarify areas of rnisunderstanding, etc. We will prepare
and submit the Printcheck Draft 6/1VI ND as both a tacked -changes version and with all changes accepted
(clean) to verify that all issues have been resolved. PlaceWorks will submit the Printcheck Draft 5Sf MND in
Microsoft Word for review by the City, and in PDF format including all figures, exhibits, and appendices.
Our schedule asS,Jmes thaT the City will require one week to review the Printcheck Draft ISf MND,
Deli vetable.
» Printcheck Draft IS/MND (in M5 Ward and PDF format)
Task 4.3 Public Review Draft IS/ND and Notice of Intent
Task 4.3.1 Public Reviiaw Draft ISf MND
PlaceWorks will revise the Fri ntcheck Draft IS/MN D per the City's cornrnents and verify that all comments
have been addre5spd- We assurne that all City staff comments will he compiled into a single, tracked -
changes document and transmitted to PlaceWorks via email. We anticipate that comments or) the
PrinTcheck Draft IS/MND will be editorial in mature and will not include major revisions to the analysis -
February S, 2023 ;Updated June S,'202�) I I'ai3e .9
14-39
PLACEWORKS
alace.Works will prepare a Public Review Draft IS/IVIND.The Public: Review Draft IS/MND is the final copy of
the 15/MND before it goes into reproduction. Modification to the scope of word, budget, and s may be
necessary if additional screencheck reviews are required,
Deliverables;
Public Review Draft 15/IVIN D (in Word and PDF format)
>� Eight hard copies of Lhe Public Review Draft ISfIVIND, with technical appendices ofi U5B drives
Task 4.3.2 Notice of Intent
Upon approval of tFie Public Review Draft 15/MND, we will prepare a Not.ire of Intent (NOI) pur�5uanl Lo
Section 15472(g) of the CEOA Guidelines and distribute it in compliance with CEQA Guidelines Section
15072{a},
It is anticipated that the City will provide a mailing list of responsible and interested agencies, as well as
owners within the project vicinity. PlaceWorks will be responsible for distribution of the N01 to the City -
provided distribution list (assumes up to 150 mailings). It is assumed that the City will be responsible for
any newspaper notices and site postings and will post the IS/MND and NO1 on the City% website,
Place arks will submit Lhe I5/1v1ND and N01 to the County Clerk and the State Clearinghouse (through its
CEQAnct Web Portal),
r7efiverabfes:
r} Upload the ISjfJD and N01 to the SLale Clearinghouse
r) Submit NDI to the County Clerk of the Board of SLupervisors
rDistribute NOI per agency distribution mailing list (150 mai lings)
TASK 5. RESPONSE TO COMMENTS
Although a formal response to comments is not required for an IS/ iND, we recommend preparing
responses to erasure Lhat all CFC]A-(elated comments are adequately addressed in writing, Place Works will
prepare responses to public comments received during the 30-day IS/MND public review, as needed. The
document will contain an introduction descfibing the public review process for the 15JMNp, copies of all
comrnenL letters received, and written responses to comments. Responses will focus on comments that
address the adequacy of the 15fMtJD. Comments that do not address the 15/MND adequacy will be noted
as such, and no further response will be provided unless deemed necessary by City staff. Place arks will
papa re the responses in coordination with City staff,
Modification to the scope of work, budget, and schedule may be necessary if Comrents feceived frorn
agencies or the general public require substantially increasing the scope of impacts and is5,je5 that the
IS/MCdD has addressed_ Should this situation become apparent, we wil I discuss it with the wily before the
fesporises budget is consumed and determine an appropriate course of action. The response to comments
will be submitted for one round of City review.
Deliverable:
)> Response to Comments (in web -ready PDF and MS Word format)
Februafy 2, 2023 (Updated Jure S, 2 02 3) 1 Page 10
14-40
Q PLACEWORKS
TASK 6. APPROVAL [DOCUMENTS
AM itigation Monitoring and Repotting PTcrgr�)r�i {M RP) will he prepared in accordance with CEC1A Section
21081.6. it will be in standard City torrr7at and will identify the significant impacts that would result from
the proposed project, proposed mitigation measures for each impart, the timing at. which the measures
will need to be conducted, the entity responsible for implementing the mitigation rn?asure, and the City
department or other agency responsible for rnonitoring the mitigation effort and ensuring its success_ The
M RP will be submitted for one round of City review,
PlaceWorks will also prepare the Notice of Determination (NOD) file the NOD with the State Clearinghouse
through its CEQAnet Web Portal, and with tfie County Clerk_ Filing will occur within five days after the
ISf M NO adoption by the Newport Planning Commission (or City Council if the project i� appealed or called
for review). Durcost estimate includes requisite filling fees, includingthe County filingfee and the California
Department of Fish and Wfldlife filing fee,
Deilverobies:
ss MMRP {in MS Word and PDF format)
>r NOD (in web -ready PDF and MS Word formats)
> Submit NOD to the County Clerk
» upload the IS/ ND to the State {:learirnghouse
TASK 7. MEETINGS AND PUBLIC HEARINGS
This task may be used for conference calls, meel-ings, and public hearings. ioT budgeting {purposes, it is
assumed that Place or& project rnanager will participate in up to two conference calls/meetings in
addition to the kick-off mect+ng {Task 1,1 � a,id the coordination meeting with South Coast hQMD (Task
2.1). The project manager will also attend lap to two in -person public hearings. Budget is also included for
a member of our technical Learn to attend two hearings_
The Place Works team will serve as an extension of City staff and will be prepared to make presentations
and/or a nswer questions regarding the environrnenta l document and impact ari8iyses. Additional meeting
attendance by PlaceWorks will be billed oTi a tifne-and-materials basis, in accordance with the houfly rates
for the personnel involved,
Deliverables:
Orie kick-off meeting (included in Task 1,1)
t Two conference cal]sfineetings (Project Manager}
I wo hearings (e,g., Planning Commission and, if needed, City Council) (Project Manager and Air Quality
Specialist)
TASK S. PROJECT MANAGEMENT AND COORDINATION
PlaceWorks will coordinate closely with the City ;u ensure (ne IS/MND is legally dufen5ible, accurate, and
useful to decisinfr makers when cunsidering Lhe approval of the project. Project management
responsibilities include scheduling tasks and assignments; managing resources; monitoring costs and
adhering to the schedule; and coordinating arid communicating with the project team to ensure
compliance with policies, procedures, and any applicable codes.
February 8, 2023 {Updated Jure 8, 702.3) 1 Wage 11
14-41
Q PLACEWORKS
Our project management cost estimate is based on the l me that we anticipate bei n8 active on this project.
e Nwe estimated an nverail 32-week schedule for project management purposes and assumed 1,5
hours/week far our Project Manager and 0.5 hour/week for our Principal in Charge. if this scliedule extends
beyond Mace VUnrks' control, a budget augment may be requested for this task.
Proposed Sci,eduIe
For purposes of this proposal and estimating project management effort, we have assumed a total project
duration of 28 weeksfrom the Notice. to Proceed tothe preparation of the Final NjMEVD. The primary driver
for tke schedule is the South Coast AUMD permit application process_
We understand the Icvel of work already completed by the applicant, tippreciate the comprehensive
project dcscription that hay been drafted, rind look forward to developing a schedule and approach with
South Coast AQIVID to keep momentum going Dn the project and achieve both CFQA defensibility and South
Coast AQMD permit requirernenfs_ We have assumed that the coordination meeting between South Coast
AQVID, the City, the applicant, and Place arks will take place three weeks after the Notice to Proceed and
that PlaceWorks will receive the draft emissions and HRA prepared by the applicant for the South Coasl
AQMD permit six weeks after the Notice to Proceed. Once this data is received, the PIaceWorks tearro
requires eight weeks to complete Tasks 2.1.
February8,'2023 UMated June8, 2023] I Pa9e12
14-42
14-43
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14-44
EXHIBIT
SCHEDULE OF BILLING DATES
Placeworks, Inc, Page S-1 14-45
Q PLACEWORKS
Cost Estimate
Ouf 2023 Filling rates are shown it I -he table below followp.d by our proposed cost cheek,
Placeorks - 2023 Standard Fee Schedule
Staff Leval Howdy ON Rate
Principal $210-335
Associate Princi pal $195-$2 7S
Senior Associate II $170 S260
Senior Associate I
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14-47
TIME PLACE WORKS TEAM
CEQA Documentation for a New Landfill Gas to Energy Plant at 20662 Newport Coast Drive
REIMBURSABLE EXPENSES
PLANNING AND GENERAL EXPENSES -
Item
Unit Cost:
FNED $
AMT. PER
LINEffEM
Mlleage
$0.66
$0100
$0.00
$0.00
TOTAL
Santa Ana to Newport beach 104-oundtrlps@-Wmi.
'190
HIS
Subtotal Pranning/Delrgn Expen52s
118
ENVIRONMENTAL E)LREN$E$
Item
AMT. PER
Unik Cost; LINE ITEM
Owernight
mailings
525.00
Certified
Mailing
$6.010
CDs
$Iaoo
Initial$Tkjdy
$25,00
TOTAL
Public Revievy flraft IS_/MNC)
fFO_I _
A9 52 Letters
Mlscdlaneous copres
Dispersion Model Fee
EDR Fee
NOD riling Fee
1-,6F4W Fee
500
300
50
3,E9
2
30
I
_ _
8
d
252
265
34
S0a
0
300
50
3,839
Subtotal Ernwlronmental Expenses
REIMULPH SAID LIE EXPENSES •
NOTES:
i 1ileage is billed at the rurrent IRS -approved rate.
PLACEWORKS
14-48
EXHIBIT
INSURANCE REQUIREMENT — PROFESSIONAL SERVICES
1, Provision of Insurance_ Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here, if
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance In the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class V111 (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the it 's Risk Manager.
3. over?a Re uirements.
A. Workers' Compensation Insurance, Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars (1,000,000) each
accident for bodily injury by accident and each employee for bodily injury b
disease in accordance with the laws of the State of California, Section 0700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers_ agents, volunteers and employees-
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract),
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident,
Placeworks, Inc. Page -1 14-49
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($ ,000,000) in the aggregate_ Any policy inception date: continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4, Other Insurance Requirements, The policies are to contain, or be endorsed to
contain, the following provisions;
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants_
B. Additional Insured Status, All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability. shall provide or be endorsed to provide that
City, its City Councii, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory_ All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by Gity.
D_ Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewaI of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following.
A. Evidence of Insurance_ Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, aiong with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by ity's Fisk Manager prior to
commencement of performance_ Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement_ The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Rlaceorks, Inc, Page C-2 14-50
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City_ if such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. ity's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change_ If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
_ Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review_ Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alieged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or -
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific. reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shah be
entitled to coverage for higher limits maintained by the Consultant_ Any
available insurance proceeds in excess of the specified minimurn limits of
insurance and coverage shall be available to the City.
F_ Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. elf-
Placewors, Inc, Page -0 14-51
insurance will not be considered to comply with these requirements unless
approved by City.
G. City remedies for Von -Corn lia nce. 1f Consultant or any subconsultant fails
to provide and maintain insurance as required heroin, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement. or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at ity's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such clairn or claims if they are likely to involve
City.
Consultant's Insurance_ Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Place arks, Inc. Page G-4 14-52