HomeMy WebLinkAbout15 - PSA for On-Call Professional and Technical Environmental ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
September 23, 2025
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jaime Murillo, Acting Community Development Director - 949-644-
3209, jmurillo@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Professional Services Agreements for On -Call Professional and
Technical Environmental Services with Dudek, LSA Associates,
Placeworks, and Kimley-Horn and Associates
ABSTRACT:
For the City Council's consideration is a request to approve three new professional
services agreements and one amendment for professional and technical environmental
services to support the Community Development Department (CDD). The City of Newport
Beach (City) continues to experience strong private property development activity, which
requires the support of qualified consultant services to supplement the staffing resources
of CDD's Planning Division, especially related to compliance with the California
Environmental Quality Act (CEQA). These contract services will provide flexibility to
respond to fluctuations in development activity, expanding during periods of growth and
contracting during economic slowdowns.
CDD recently conducted a formal Request for Qualifications process to help identify firms
providing professional support for these services, including on -call peer review of
environmental documents, preparation of various environmental technical studies, and
support for analyzing projects under CEQA. Following a thorough evaluation of all 23
proposals, staff recommends the City enter into three-year professional services
agreements with the following firms:
• Dudek;
• LSA Associates, Inc.; and
• PlaceWorks, Inc.
Staff also recommends the City amend an existing on -call agreement with Kimley-Horn
and Associates, Inc. to extend the term and increase the budget.
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;
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Professional Services Agreements for On -Call Professional and Technical
Environmental Services with Dudek, LSA Associates,
Placeworks, and Kimley-Horn and Associates
September 23, 2025
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b) Approve and authorize the Mayor and City Clerk to execute a three-year professional
services agreement with Dudek, with a not -to -exceed amount of $75,000, in a form
substantially similar to the agreement attached to the staff report;
c) Approve and authorize the Mayor and City Clerk to execute a three-year professional
services agreement with LSA Associates, with a not -to -exceed amount of $75,000, in
a form substantially similar to the agreement attached to the staff report;
d) Approve and authorize the Mayor and City Clerk to execute a three-year professional
services agreement with Placeworks, with a not -to -exceed amount of $75,000, in a
form substantially similar to the agreement attached to the staff report; and
e) Approve and authorize the Mayor and City Clerk to execute Amendment One to the
professional services agreement with Kimley-Horn and Associates, Inc. to extend the
term with a not -to -exceed amount of $120,000, in a form substantially similar to the
agreement attached to the staff report.
DISCUSSION:
The Community Development Department (CDD) has experienced an increase in
residential development activity because of the City's recently adopted housing overlay
in compliance with State Housing Element law. On -call agreements provide the City with
flexibility to adapt to increased workloads and technical services demands during
periods of development growth, while also allowing for the reduction during economic
slowdowns.
CDD regularly relies on external consulting firms to support project review with
professional and technical expertise, especially related to compliance with the California
Environmental Quality Act (CEQA). Given the required timelines for processing projects
under State legislation like the Permit Streamlining Act and other housing -focused
regulations, it is imperative that the City has adequate consultant support available to
provide timely service without delay and to continue producing housing in alignment with
the goals of the Housing Element. With an influx of applications, it is equally important
to have multiple consultants to use for support.
Request for Qualifications (RFQ) No. 25-31 (On -Call Planning and Technical
Environmental Services) was issued to identify a bench of on -call consultants who can
provide professional and technical environmental services relating to the preparation
of documents pursuant to the requirements of CEQA and/or the California Coastal Act,
on an as -needed basis.
To ensure performance timelines are met, staff proposes entering into professional
services agreements with three consulting firms for the upcoming three-year period. As
Kimley-Horn and Associates, Inc. already has an on -call agreement with the City and
placed within the top four proposals, staff proposes Amendment No. One to extend the
term to June 2028 and to increase the budget. The approach of entering into agreements
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Professional Services Agreements for On -Call Professional and Technical
Environmental Services with Dudek, LSA Associates,
Placeworks, and Kimley-Horn and Associates
September 23, 2025
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with multiple consultants will improve CDD's ability to secure necessary resources and
maintain service continuity during peak development periods.
Staff's recommendation is based on the quality and clarity of the submitted proposals,
the consultants' relevant experience, and the availability of qualified personnel. Table 1
below lists the firms that responded to the RFQ and staff's recommended consultant
selections.
Table 1
— Proposer List
Proposals Submitted By:
Staff Recommendation:
1.
Alta Environmental
1. Dudek (new)
2.
Anchor QEA
2. LSA Associates, Inc. (new)
3.
Ascent Environmental, Inc.
3. PlaceWorks (new)
4.
AZTEC Engineering Group, Inc.
4. Kimley-Horn and Associates, Inc.
5.
CAJA Environmental Services, LLC
(amendment)
6.
Chambers Group, Inc.
7.
CSG Consultants
8.
De Novo Planning Group
9.
Dudek
10.
EcoTierra Consulting, Inc.
11.
EPD Solutions
12.
FirstCarbon Solutions
13.
Interwest Consulting Group
14.
Kimley-Horn and Associates, Inc.
15.
LSA Associates, Inc.
16.
Michael Baker International, Inc.
17.
PlaceWorks
18.
Psomas
19.
Templeton Planning Group
20.
Terracon Consultants, Inc.
21.
UltraSystems Environmental
22.
Willdan Engineering
23.
WSP USA, Inc.
FISCAL IMPACT:
The total cost for the four agreements, as presented, is not to exceed $345,000 over three
years. The adopted budget includes sufficient funding for this request. It will be expensed
to the Planning Professional Services Account in the Community Development
Department, 01050501-811008. Furthermore, the cost of any City -directed peer reviews
of applicant -directed environmental documents will be reimbursed by the applicant.
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Professional Services Agreements for On -Call Professional and Technical
Environmental Services with Dudek, LSA Associates,
Placeworks, and Kimley-Horn and Associates
September 23, 2025
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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.
NOTICING:
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 - Professional Services Agreement with Dudek
Attachment B - Professional Services Agreement with LSA Associates, Inc.
Attachment C - Professional Services Agreement with PlaceWorks, Inc.
Attachment D - Amendment No. One to the Professional Services Agreement with
Kimley-Horn and Associates, Inc.
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Attachment A
Professional Services Agreement with Dudek
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ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK FOR
ON -CALL PROFESSIONAL AND TECHNICAL ENVIRONMENTAL SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 23rd day of September, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and DUDEK, a California corporation ("Consultant"), whose address is 687
S. Coast Hwy 101, Suite 110, Encinitas, California 92024, and is made with reference to
the following:
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 being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide on -Call Professional and Technical
Environmental Services ("Project").
C. 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 evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 22, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform ' the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
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2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 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 and the Letter Proposal. 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 and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, 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 Letter Proposal
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
Seventy Five Thousand Dollars and 001100 ($75,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term 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
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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 billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) 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 and the Letter Proposal or specifically approved
in writing in advance by City.
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 City 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 B and the Letter Proposal.
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 term. Consultant has designated Laura -Masterson 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.
5.2 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.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Planning Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
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7. CITY'S 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
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.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
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 business license 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 by
City, contractors, 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
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the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or 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.
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.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City'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 City'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.
13. PROGRESS
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.
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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
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 and the Letter Proposal. 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 an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the 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, websites, blogs, 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 shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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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 City'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 and/or viewable with Adobe Acrobat.
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 writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed 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, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this. Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City 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 (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
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
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. 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 by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. 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
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
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. seq., Consultant
shall conform to all requirements therein. Failure to do 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 prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Planning Manager
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Legal Department
DUDEK
687 S. Coast Hwy 101, Suite 110
Encinitas, CA 92024
26. 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 claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
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 (2) 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 due
performance within two (2) 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 any time by
giving no less 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. On 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.
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all 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
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 herein.
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 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 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 County 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.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
DUDEK Page 10
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
DUDEK Page 11
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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 ATTORNEY'S OFFICE
Date: 1217-5
By:
Aar C. Harp
City Attorney
ATTEST:
Date:
By:
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONSULTANT: DUDEK, a California
corporation
Date:
By: -
Joseph Monaco
President/Chief Executive Officer
Date:
By:
Danielle Voss
Vice President/ Human Resources/
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
DUDEK
Page 12
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EXHIBIT A
SCOPE OF SERVICES
DUDEK Page A-1 15-18
SCOPE OF SERVICES
Description:
Consultants) shall provide environmental consulting services to the City, including but
not limited to, the following:
• Perform technical evaluation of environmental issues and provide appropriate
analysis to substantiate a categorical exemption for a project under the State CEQA
Guidelines, especially for the Class 32 (In -Fill Development) Exemption;
• Perform technical evaluation of potential projects and prepare a consistency analysis
pursuant to Section 15183 of the CEQA Guidelines;
• Prepare environmental technical studies (e.g., biological, cultural, noise, air quality,
greenhouse gas, etc.);
• Prepare and circulate SB 18 and/or AB 52 notices with support provided to City staff during
any tribal consultations;
• Perform peer review of environmental documents, including initial study or technical
studies, prepared at the direction of a private project applicant;
• Prepare applications and obtain permits from regulatory agencies;
• Provide archaeological, paleontological, and other cultural resources monitoring: and
• Participate at community meetings or public hearings regarding CEQA matters for which
the Consultant has provided support.
15-19
r`'NNr vd�.i fi vi iuci J�crr iuir i� Ui Lv
be Provided
We understand that this contract may involve a range of work products involving anything from peer review of
CEQA documents prepared by project applicants to preparing CEQA documents on behalf of the City, including the
supporting technical studies (our capabilities for each resource area are included in Table 2). Dudek provides
each service listed under Section I. General Scope of Work, in the City's RFQ. We offer full -service CEQA services
that includes running scoping and/or public meetings, filing documents with the County Clerk, paying the
associated fees, and holding consultation meetings with regulatory agencies and/or tribes. We provide
Categorical Exemptions with supporting technical study documentation, IS/Negative Declarations, IS/MNDs, El Rs,
Supplemental and Subsequent EIRs, and Addenda to EIRs. We attend public hearings to help City staff respond to
questions from Planning Commissioners and City Council members.
Contract Management Approach
Laura Masterson's contract management philosophy for this on -call contract is based on lessons and preferences
learned from our dozens of local as -needed and on -call contracts throughout Orange County.
Effective contract management requires constant and careful attention to the daily demand for communication
among project participants and with the client. Dudek believes that the most effective contract manager is the
one who aids the continuous flow of information, data, instructions, and guidance on a regular basis. Laura
Masterson will remain personally involved in any project she personally manages for the City. Working as a team
with task managers and technical discipline leaders, she will keep all task orders on schedule and within budget
and will maintain the highest level of quality for all deliverables. She will communicate project status, issues, and
concerns with other members of the consultant team and with the City by doing the following:
■ Serving as the single point of contact
■ Establishing regular meetings with the City project manager to discuss project milestones, activities,
and issues
■ Holding regular project management meetings with key project staff to coordinate work efforts, check on
task completion, and review budget conformance
■ Updating the project description, schedule, work progress reports, and inventories of available data, as necessary
so that all team members are aware of information that may affect their work products and schedules
■ Coordinating with the City at strategic junctures for public input
Categorical Exemption, Especially for Class 32
(In -Fill Development)
The Class 32 (Infill Development) categorical exemption requires projects to be consistent with applicable General
Plans and zoning designations, located within a city's limits on a site five acres or less, bordered by urban uses,
and without significant impacts to traffic, noise, air quality, or water quality (CEQA Section 15332). The site must
also be devoid of sensitive habitat and adequately served by public utilities. Dudek has ample experience leading
categorial exemptions, especially regarding Class 32, In -Fill Developments. Our team has provided such services
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 20
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DUDEK
on contracts with Scripps College, GRT Carlsbad Village LLC, Wiseman Commercial for the development of the
Fairfield Arora Project, the City of Rancho Cucamonga for the Lion's Gate Project, Rincon Homes for their 840
Carlsbad Village Drive project, the Orchard Shopping Center (Ross project) CAP Consistency Analysis and
Substantial Conformance Review, and the County of San Diego during our As -Needed Environmental Consulting
Services Contract.
The memorandums Dudek prepares typically include the following:
1. A discussion on how the project qualifies for a Class 32 categorical exemption through consistency with
applicable land use regulations,
2. Identifying if the proposed project is on an infill site that is less than five acres in size and is not
anticipated to result in any significant environmental impacts,
3. Identifying the reasons why the project does not meet any of the exceptions to categorical exemptions
under CEQA Section 15300.2.
The Dudek process for drafting these memorandums include two rounds of review, comment, and revision by the
City and/or applicant. Additional services, such as additional rounds of comments or meeting attendance, will be
at request and billed as additional cost on a time and materials basis in accordance with our current standard
schedule of charges.
Consistency Analysis Pursuant to Section 15183
Dudek has provided our environmental expertise on a variety of projects and has ensured compliance by providing
Consistency Analyses pursuant to Section 15183. These projects include our work in the Pomona Transformative
Climate Communities Plan for the City of Pomona, analysis for the development of Orange Apartments and Retail
space for the City of Vacaville, and the Alamo Villages Specific Plan 15183 Exemption within Los Angeles County
for the Urban Advisory & Building Group, LLC.
The proposed Dudek approach to evaluating a project pursuant to the CEQA Guidelines of Section 15168 ensures that
the resulting document includes a sufficient level of detail to provide a straightforward approach for streamlining
subsequent approvals, such as for project level development plans and parcel -specific subdivision mapping.
Technical Evaluation of Environmental Issues
BIOLOGICAL RESOURCE ASSESSMENTS
Dudek's professional staff of biologists regularly work and consult with the U.S. Fish and Wildlife Service (USFWS),
U.S. Army Corps of Engineers (USACE), CDFW, and the Regional Water Quality Control Boards to obtain project -
specific permits that keep projects on schedule and in compliance. Our staff includes experts in botany,
mammalogy, herpetology, entomology, ornithology, habitat assessment and mapping, spatial analysis, and habitat
and wetlands restoration.
Our biologists have state and federal permits for surveying, banding, and trapping special -status species and have
developed innovative USFWS-approved methods to conduct biological fieldwork, including sampling methods to
track wildlife populations. Our biologists are permitted to survey and address endangered and threatened plant
and animal species that may occur within the City's service area.
Request for Qualifications No. 255-31- On-Cail Professional and Technical Environmental Services 21
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DUDEK
CULTURAL STUDIES
Dudek archeologists, paleontologists, and architectural historians offer services from basic constraints studies to
complex mitigation and preservation plans. We are recognized leaders in professional and community outreach, and
we use innovative, thorough approaches to respond quickly and appropriately to project tasks and resource discoveries.
Our Registered Professional Archaeologists (RPA) have more than 100 years' combined experience, are qualified
consultants on local agency lists throughout California, and can cost-effectively respond to the smallest cultural
resource survey while also assembling a crew of a dozen or more seasoned field technicians to address a largescale
surface reconnaissance, significance assessment excavation, and/or a mitigation data recovery program.
ENVIRONMENTAL SITE ASSESSMENTS
Dudek prepares Phase I and Phase II environmental site assessments to evaluate potential
environmental/hazardous waste liabilities associated with project sites. We also prepare reports outlining the
presence of underground storage tanks and other hazardous material storage units. Dudek is knowledgeable
about the latest treatment technologies, and we are expert at methane mitigation. Our team assesses and
distinguishes between geologic and soil hazards addressed by the California Building Code and local regulations.
We also assess hazards that are significant under CEQA. Dudek staff have expertise in underground storage tank
removals and in -field hazardous materials removal.
NOISE IMPACT STUDIES
Our environmental noise and architectural acoustics professionals provide accurate, efficient, and defensible
acoustical analyses and recommendations that meet federal, state, and local regulatory standards, industry
guidance, and client goals. Dudek acousticians conduct noise assessment studies and design effective mitigation
or control strategies, assist with criteria selection and design solutions for noisy construction equipment during
project planning, and assist with all types of architectural acoustics. Our experts also advise on proper interior
acoustics, mechanical system noise control, and sound insulation throughout the project life cycle, from
schematic design through post -construction commissioning support. Specific areas of expertise include
CEQA/NEPA environmental noise studies; environmental/community noise and vibration studies; and
mechanical/heating, ventilation, and air conditioning systems noise and vibration control recommendation
AIR QUALITY STUDIES
Dudek's air quality professionals offer in-depth expertise to cost-effectively navigate complex air quality, health
risk, and GHG emissions requirements for projects throughout California and have substantial experience within
Orange County and the South Coast Air Basin, The Dudek air quality team has extensive experience estimating
criteria air pollutant, toxic air contaminant, and GHG emissions from construction and operation of a variety of
projects. In addition, our team has developed strong relationships with South Coast Air Quality Management
District staff and state agencies (e.g., California Air Resources Board), giving us an up-to-date understanding of
applicable guidance.
Our air quality professionals prepare accurate, legally defensible technical studies to meet aggressive project
deadlines and anticipate potential issues, while addressing them in a timely, effective fashion. We identify project -
specific emission sources, determine appropriate analysis assumptions, accurately estimate project -generated
emissions, evaluate associated potential impacts, and propose feasible emission reduction techniques, as
appropriate. Our analyses use federally and state -recommended models, such as the California Emissions
Request for Qualifications No. 25-31 - On -Call Professional and Technical Environmental Services 22
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DUDEK
Estimator Model (CalEEMod), California Air Resources Board's EMission FACtors (EMFAC), and OFFROAD for
criteria air pollutants and GHG emission inventories; AERMOD for air dispersion modeling; and HARP2 for cancer
and non -cancer risk assessments for toxic air contaminants. When needed, we customize spreadsheets to
calculate emissions outside of constrained models using industry -standard emission factors and data inputs to
evaluate impacts (or benefits) of a project. Dudek will tailor each analysis consistent with the project objectives,
applicable regulatory environment (including applicable South Coast Air Quality Management District rules and
regulations), and current recommended impact analysis approaches. As GHG analyses are constantly evolving, we
will work with City staff to ensure our approach is consistent with the appropriate regulatory framework and the
City's current approach. We are committed to providing the highest quality analyses for air quality, health risk
assessments, and GHG emissions to meet the City's needs.
Dudek has been on the forefront of energy assessments in accordance with CEQA Guidelines and has developed
methods to estimate project construction and operational petroleum consumption using CalEEMod carbon dioxide
emission estimates and industry standard conversion factors. All facets of energy consumption are presented,
including electricity and natural gas consumption (and production if applicable), and are estimated consistent
with the air quality and GHG emissions assessment. Our CEQA energy analyses highlight project energy efficiency
features to reduce energy consumption and identify applicable regulations that projects would be required to
observe to ensure a project would not result in wasteful, inefficient, or unnecessary consumption of energy
resources or conflict with a plan for renewable energy or energy efficiency.
GREENHOUSE GAS ASSESSMENTS
The Dudek air quality team also has extensive experience estimating GHG emissions from construction and
operation of a variety of projects, including transportation infrastructure improvements, using the same models
identified under B1, Air Quality Studies. As GHG analyses are constantly evolving, Dudek works closely with lead
agency staff to ensure that our approach is consistent with the appropriate regulatory framework and the lead
agency's current approach. Dudek's GHG emissions analyses are presented in accordance with applicable case
law, on the forefront of evolving science and legal defensibility.
HEALTH RISK ASSESSMENTS
Dudek has experience preparing toxic air contaminant emission inventories and performing health risk
assessments associated with the Assembly Bill 2588 Air Toxic "Hot Spots" Program, including construction,
operational, and roadway health risk assessments. We perform ambient air quality analyses for criteria air
pollutants using AERMOD. When appropriate, our team can assist with permitting and permit compliance to
ensure that the CEQA documentation and permit applications are consistent.
HYDROGEOLOGY/WATER QUALITY STUDIES
The Dudek team performs hydrologic, hydraulic, and water quality analyses in support of a broad range of permitting
efforts, including Clean Water Act 401/402/404 permits and CDFW 1600 permits, as well as EIRs and CEQA/NEPA-
related documents. Dudek is familiar with regulatory -driven water quality standards and the way they affect
construction and operation of industrial facilities and linear projects. Dudek engineers, hydrologists, hydrogeologists,
landscape architects, and planners provide proven and complete stormwater, surface water, and groundwater quality
resource services in house. This allows the Dudek team to coordinate planning, design, and project implementation
in a timely and cost-effective manner.
Request for Qualifications No, 25-31- On -Cali Professional and Technical Environmental Services
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DUDEK
Our team specializes in preparing stormwater site designs and plans that utilize lasting, low -maintenance, and low -
impact development solutions. Our surface water and groundwater services include hydraulics; well logging and
design; water quality; permit processing; numerical modeling; and analysis, standards development, and research.
Dudek hydrogeologists can assist with project design feature development; water quality impact assessment; and
conformance with state, regional, and local regulations. In addition to our drainage and water quality assessment
services, Dudek has prepared numerous stormwater pollution prevention plans (SWPPP) for compliance with the
requirements of the State Water Resources Control Board General Permit of Discharges of Stormwater Associated
with Construction Activities. Recent changes in the general permit require a Qualified SWPPP Developer (QSD) to
prepare the documentation associated with the permit. Dudek employs numerous QSDs.
Senate Bill18 and Assembly Bill 52 Notices
Dudek has unique expertise assisting agencies with Native American consultation, including compliance with
California's Assembly Bill (AB) 52 that identifies a new class of resources, tribal cultural resources, and impacts.
Dudek understands that the tribal regions span the State of California and has the required geographic and tribe -
specific relationships in place to help ensure productive tribal engagement. Dudek cultural specialists and project
managers interact with tribes on nearly every project and hold Master Services Agreements with many tribes
throughout the state. Dudek's project experience has covered the entire state and resulted in positive
relationships with all 216 contacts on the Native American Heritage Commission.
TRIBAL CONSULTATION SUPPORT
Dudek also has a strong background in Native American consultation, expert testimony regarding the adequacy of
tribal consultation and outreach, and the appropriate treatment of resources regarded as sensitive or sacred by
Native Californian tribes. Dudek has active and positive relationships with all tribes in the region. Dudek regularly
assists with Native American engagement and consultation for AB 52, relating to Tribal Cultural Resources (TCR);
Senate Bill 18; and Section 106 of the National Historic Preservation Act (NHPA). This often involves review of the
archaeological, historical, academic, and ethnographic record for potential TCR information, then grounding this
information in contemporary AB 52 consultation information. This results in providing recommendations related to
reasonable approaches for management. In addition, Dudek provides on -tail support for helping a number of
agencies work through challenging AB 52 issues.
We have extensive experience working in compliance with the Native American Graves Repatriation Act and other
pertinent federal and state regulatory requirements dictating specific treatment of human remains and
associated grave goods.
Our team is sensitive to confidentiality requirements and requests and has worked with various tribes on specific
needs, concerns, document types, access levels, and agency coordination. We are industry leaders in the
processes related to management of TCR, Traditional Cultural Landscapes, and other considerations relating to
Native American cultural places and values. Our team has a strong background in Native American consultation,
including expert testimony experience regarding the adequacy of tribal consultation and outreach, as well as the
appropriate treatment of resources regarded as sensitive or sacred by Native Californian tribes and individuals.
Dudek cultural resource managers focus on early and ongoing outreach strategies to capture "meaningful
consultation" as stipulated by federal law under Section 106 of the NHPA and codified in AB 52. Our cultural
resources team will coordinate with state- and federally recognized Native Californian groups to collect data from
the Native American Heritage Commission Sacred Lands File, gather archaeological site information, and identify
traditional cultural resources and plant -gathering locations through outreach with tribal representatives and
Request for Qualifications No. 25-31- on -Call Professional and Technical Environmental Services 24
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DUDEK
individuals identified by the Native American Heritage Commission. We complete ethnographic research using
primary sources, such as individual interviews and oral histories, as well as respected secondary sources. Our
team has expertise in researching and recording prehistoric sites considered sacred to local Native American
tribes. This extensive hands-on experience will be brough to bear on all tasks that require Native American
consultation consistent with City's goals, policies, and regulatory obligations.
Peer Review of Environmental Documents
The Dudek team of CEQA/NEPA planners and technical experts have an extensive background in the analysis and
management of environmental resources and compliance with local, state, and federal regulations. Our technical
expertise has afforded us the opportunity to complete many third -party peer reviews of technical reports and
environmental documents subject to CEQA, NEPA, and the CCA. Over the years, our technical experts have
provided peer review services on behalf of project applicants and agencies, including projects with cross -cutting
federal, state, and local requirements.
Most recently, we have held peer review contracts with the City of Anaheim for Disneyland Forward peer review of
the Supplemental EIR and technical studies and the City of Costa Mesa for peer review of CEQA and technical
studies for a drive -through Starbucks.
Permit Applications and Regulatory Agencies
Dudek provides reliable, scientifically based information tailored to address the specific requirements and
standards of the relevant agencies and permits. We have prepared and implemented compliance monitoring and
reporting platforms that streamline compliance and provide an easy -to -use interface for City project managers.
Our scientists have worked extensively with local staff at the federal and state resource agencies, including USACE
(404 Individual and Nationwide), CDFW (1601, 1602, 1603, and 2081), Regional Water Quality Control Board
(401, 402), CCC, and USFWS (Section 7, 4[d], and 10a consultations) and can support response to comments
and other coordination required to ensure permit compliance. We have developed outstanding relationships with
regional resource agency personnel and have cultivated a reputation for superior and comprehensive
jurisdictional delineations, permit applications, mitigation plans, biological studies, and GIS services. Our positive
reputation and relationships will help to reduce any agency uncertainty concerning our technical studies and
permit applications, resulting in a more expeditious permit process for the City.
The permitting strategy developed must meet the City's needs, including project budgets, schedules, and
outcomes, so it is imperative that Dudek understands City needs on a project -by -project basis. Dudek will gather
the necessary information, as requested by the City, to assist in developing an informed permit strategy. Dudek
will review available information provided by the City, complete a literature review and database query, conduct a
reconnaissance survey, and/or prepare technical studies. Dudek's approach to regulatory coordination includes
preparation of complete applications, beginning with a clearly defined project description that considers all
environmental ramifications of the project. Our permit application package includes a well -prepared jurisdictional
delineation; clear project description; environmental documentation for the proposed project, including CEQA
documentation; biological reports with listed species fully described and supported by focused survey data, as
appropriate; cultural resources reports; site history, including previous contact with resource agencies; site visits;
meetings notes; well -developed conceptual mitigation plans; and detailed impact analyses. Our impact analyses
are prepared using GIS software for accurate, reliable results. We utilize the USACE Mitigation Ratio
Determination Checklist and the Before/After Mitigation/Impact table to verify suitability of compensatory
mitigation for specific project impacts.
Request for Qualifications No. 25-31 - on -Call Professsonal and Technical Environmental Services 25
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Cultural Resources Monitoring
Dudek senior archaeologists hold the necessary permits to conduct cultural resources investigations on federal
and state lands and are Secretary of the Interior -qualified principal investigators and field directors. Our cultural
resource project managers are familiar with variations in lead agency cultural resource guidelines and
standardized methods, as well as the need to coordinate various agencies when project interests have
overlapping jurisdictions.
We specialize in identifying and treating resources that may constrain project implementation. Our team designs
and implements significance assessment programs and treatment plans for projects administered at the local,
state, and federal level. We are permitted to conduct cultural resources investigations on federal and state lands
and are listed on local registers and with the Register of Professional Archaeologists.
Dudek has several tools for assessing subsurface archaeological deposits, including ground -penetrating radar
(GPR) using EKKO Project and GPR-Slice software, in addition to various hollow -stem augers, to extract cores with
minimal subsurface disturbance. We also use resource recordation and condition assessment tools on multiple
platforms (e.g., Trimble GPS receivers, smartphones and tablets, and cloud databases). These tools reduce field
and lab costs by as much as 30% and increase the accuracy and reliability of resource documentation. Real-time
recording and reporting provide clients accurate information on discoveries as they occur, allowing appropriate
responses to be formulated and implemented with minimal downtime.
ARCHAEOLOGICAL RESOURCES
California is rich with historic architecture and property spanning all regions across the state. In consideration of
potential impacts to historical resources, the Dudek team of qualified architectural historians conduct California
Historical Resources Information System (CHRIS) records searches to determine whether previously recorded
historical resources are present. We also conduct intensive project area surveys, including taking detailed
photographs of all historic -age buildings and structures, documenting character -defining features, and taking
detailed notes regarding integrity. If previously unevaluated historical resources are present, Dudek will record and
evaluate them for historical significance.
If and when historical resources are identified within a project area, the Dudek team of historic built environment
and CEQA experts work closely with project owners to consider the various types of mitigation for avoiding a
significant impact or adverse effect. In instances where a significant impact/effect is unavoidable, Dudek provides
the expertise needed to proceed with all feasible mitigation.
PALEONTOLOGICAL RESOURCES
The Dudek paleontology resources team offers a full suite of services, including paleontological surveys and
assessments; construction monitoring; and fossil recovery, conservation, identification, and curation. We take pride
in our high professional and scientific standards and ethics, innovative approaches to paleontological resources
management challenges, and the timely and cost-effective delivery of services and study results. We have
experience working under a wide variety of paleontological assessment and mitigation protocols, including local,
county, and state guidelines (most commonly, the Society of Vertebrate Paleontology guidelines), as well as federal
agency assessment protocols such as the U.S. Bureau of Land Management, U.S. Forest Service, and USACE. Our
staff have experience preparing pre -project paleontological resource assessments under a wide variety of agency
guidelines and regulations (e.g., paleontological inventory reports, evaluation reports, and resource management
plans) and routinely write paleontological analyses for CEQA/NEPA documents.
Request for Qualifications No. 25-31 - On -Call Professional and Technical Environmental Services 26
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HISTORICAL RESOURCE ASSESSMENTS
The Dudek built environment team is led by experienced architectural historians and historic preservation experts
specializing in historic resource significance evaluations in consideration of the National Register of Historic Places, the
California Register of Historical Resources, and local -level evaluation criteria and integrity requirements.
Our team has conducted thousands of historical resource evaluations and developed detailed historic context
statements for a multitude of property types and architectural styles, including private residential, commercial,
transportation, industrial, educational, medical, ranching, mining, airport, and cemetery properties, as well as a
variety of engineering structures and water conveyance resources. They have also provided expertise on
numerous projects requiring conformance with the Secretary of the Interior's Standards for the Treatment of
Historic Properties, served as third -party review consultants, and served as expert witnesses in legal proceedings.
Participation in Community Meetings and Public Hearings
Dudek staff can support City staff in community outreach meetings and public hearings. Under CEQA, we run
public scoping meetings as a part of those project scopes, preparing the PowerPoint presentations, fielding
questions, and taking note of public comments. Our planning team also has extensive experience running public
outreach meetings to gather public input on community plans. During public hearings, Dudek staff is frequently
called upon as extension of staff to answer questions about complex technical analyses and answer planning
commissioners and city council questions about the CEQA process. Our goal during public hearings is to provide
the information decision -makers need to vote on approval of a project.
Request for Qualifications No. 25-31-- On -Call Professional and Technical Environmental Services 27
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EXHIBIT B
SCHEDULE OF BILLING RATES
DUDEK Page B-1 15-28
DUDEK 2025 Standard Schedule of Charges
Engineering Services
Project Director .................................................. .......................
$345.00/hr
Principal Engineer III.................................................................$320.00/hr
Principal Engineer II............................................................ .....
$300.00/hr
Principal Engineer I..................................................................$290.00/hr
Program Manager .......................... ...........................................
$275.00/hr
Senior Project Manager ............................................ ...............
$275.00/hr
Project Manager ................................... ................................. ...$265.00/hr
Senior Engineer III .............................. ......................................
$260.00/hr
Senior Engineer li....................................................................$250.00/hr
Senior Engineer I.....................................................................$240.00/hr
Project Engineer IV/Technician IV...........................................$230.00/hr
Project Engineer III/Technician III .................................... .......
$220.00/hr
Project Engineer ((/Technician II.............................................$210.00/hr
Project Engineer I/Technician I...............................................$190.00/hr
3D Production Manager...........................................................$220.00/hr
Senior Designer II.....................................................................$210.00/hr
Senior Designer I .... ................................................................. $200.00/hr
Designer....................................................................................$190.00/hr
Assistant Designer ........ ............................................. .....-- ...... $185.00/hr
CADD Operator III......................................................................$180.00/hr
CADD Operator II.......................................................................$170.00/hr
CADDOperator I........................................................................$155.00/hr
CADD Drafter. .................................................................... ........$145.00/hr
MD Technician......................................................................$125.00/hr
Project Coordinator..................................................................$160.00/hr
Engineering Assistant ......... ................................... ................... $125.00/hr
Environmental Services
Senior Project Director.............................................................$330.00/hr
Project Director.........................................................................$285.00/hr
Senior Specialist V....................................................................$260.00/hr
Senior Specialist IV...................................................................$245.00/hr
Senior Specialist III..................................................................$235-00/hr
Senior Specialist II...................................................................$225.00/hr
Senior Specialist I....................................................................$210.00/hr
Specialist V................................................................................$195.00/hr
SpecialistlV...............................................................................$185.00/hr
SpecialistIII..............................................................................$175.00/hr
Specialist II...............................................................................$165.00/hr
SpecialistI........................................................................... .....$155.00/hr
Analyst...................................................................................$145.00/hr
Analyst IV ............................................... ...................................
$135.00/hr
Analyst III...................................................................................$125.00/hr
Analyst II ......................................... ......... ..................................
$115.00/hr
AnalystI.....................................................................................$105.00/hr
Technician ill..............................................................................$90.00/hr
Technician II ......................................... ........ --......................... $80.00/hr
Technician I................................................................................$70.00/hr
Mapping and Surveying Services
Application Developer II..........................................................$220.00/hr
Application Developer I...........................................................$155.00/hr
GIS Analyst V............................................................................$205.00/hr
GIS Analyst IV ............................................. ...................... ........
$170.00/hr
GIS Analyst III............................................................................$150.00/hr
GIS Analyst II.............................................................................$135.00/hr
GIS Analyst I..............................................................................$125-00/hr
UAS Pilot...................................................................................$145.00/hr
Survey Lead.............................................................................$235.00/hr
Survey Manager.......................................................................$210.00/hr
Survey Crew Chief .................................................... ............ ....$165.00/hr
Survey Rod Person .............................. --.................................
$120.00/hr
Survey Mapping Technician.......................................................$95.00/hr
Construction Management Services
Principal/Manager....................................................................$195.00/hr
Senior Construction Manager.................................................$185.00/hr
Senior Project Manager...........................................................$180.00/hr
Construction Manager.............................................................$175.00/hr
Project Manager.......................................................................$170.00/hr
Resident Engineer....................................................................$175.00/hr
Construction Engineer........................................................ ......
$170.00/hr
On -site Owner's Representative..............................................$160.00/hr
Prevailing Wage Inspector.......................................................$155.00/hr
Construction Inspector.............................................................$145.00/hr
Administrator/Labor Compliance............................................$120.00/hr
Hydrogeology/Hazwaste Services
Project Director.........................................................................$335.00/hr
Principal Hydrogeologist/Engineer III.....................................$310.00/hr
Principal Hydrogeologist/Engineer il......................................$300.00/hr
Principal Hydrogeologist/Engineer I.......................................$290.00/hr
Senior Hydrogeologist V/Engineer V............... ........ ................
$265.00/hr
Senior Hydrogeologist IV/Engineer IV.....................................$255.00/hr
Senior Hydrogeologist III/Engineer III.....................................$245.00/hr
Senior Hydrogeologist II/Engineer II.......................................$235.00/hr
Senior Hydrogeologist (/Engineer I.........................................$225.00/hr
Project Hydrogeologist V/Engineer V......................................$215.00/hr
Project Hydrogeologist IV/Engineer IV....................................$205.00/hr
Project Hydrogeologist III/Engineer III....................................$195.00/hr
Project Hydrogeologist II/Engineer II ......................................
$185.00/hr
Project Hydrogeologist I/Engineer I ..................... ...... ............
$175.00/hr
HydrogeologisMEngineering Assistant ...................................
$140.00/hr
HazMat Field Technician.. .......... --..........................................$125.00/hr
District Management & Operations
District General Manager.........................................................$230.00/hr
District Engineer ........... --........................................................$215.00/hr
Operations Manager...............................................................
$165.00/hr
District Secretary/Accountant................................................$145.00/hr
Collections System Manager...................................................$145.00/hr
Grade V Operator.... .... - ..... ....... -- ..........................................
$135.00/hr
Grade IV Operator ......................... ............................................
$115.00/hr
Grade III Operator ............................ .........................................
$110.00/hr
Grade II Operator........................................................................
$90.00/hr
Grade I Operator ................ ........... ..............................................
$80.00/hr
Operator in Training...................................................................
$75.00/hr
Collection Maintenance Worker ...............................................
$80.00/hr
Creative Services
Creative Services IV..................................................................$175.00/hr
Creative Services III..................................................................$150.00/hr
Creative Services II...................................................................$140.00/hr
Creative Services I....................................................................$125.00/hr
Publications Services
Technical Editor IV....................................................................$175.00/hr
Technical Editor III .......... ..........................................................
$150.00/hr
Technical Editor II ........ .............................................................
$140.00/hr
Technical Editor I......................................................................$125.00/hr
Publications Specialist IV ........................................ .................
$130.OD/hr
Publications Specialist III.........................................................$115.00/hr
Publications Specialist II..........................................................$110.00/hr
Publications Specialist I...........................................................$100.00/hr
Clerical Administration.....--...................................................... $90.00/h r
E)rpertWl6rms - Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rates.
Emeltincyend HOIWWB - Minimum charge of two hours wi II be billed at L75 times the
ncrma€ rate.
AAeRe 1iii WO Outside Services - Subcontractors, rental of special equipment, special
reproductions and blueprinting outside data processing and computer services, etc.,
are charged at 1,15 times the direct cost.
Trwd Expenses - Mileage at current IRS allowable rates. Per diem where overnight slay
is involved is charged at cost
Pruvalling Wage - The rates listed above assume prevailing wage rates do not apply. If
this assumption is incorrect Dudek reserve$ the right to adjust its rates accordingly.
DUDEK EFFECTIVE JANUARY 1, 2025
15-29
EXHIBIT C
INSURANCE REQUIREMENTS — 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 VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
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 by
disease in accordance with the laws of the State of California, Section 3700
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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.
DUDEK Page C-1 15-30
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
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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 Council, 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 City.
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 nonrenewal 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, along 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 City's Risk 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
DUDEK Page C-2 15-31
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 fled 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. City'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.
C. 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 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged 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 shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum 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. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
DUDEK Page C-3 15-32
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, 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 City'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 claim 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.
DUDEK Page C-4 15-33
Attachment B
Professional Services Agreement with LSA Associates, Inc.
15-34
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH LSA ASSOCIATES, INC. FOR
ON -CALL PROFESSIONAL AND TECHNICAL ENVIRONMENTAL SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 23rd day of September, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and LSA ASSOCIATES, INC., a California corporation ("Consultant"), whose
address is 3210 El Camino Real, Suite 100, Irvine, CA 92602, and is made with reference
to the following:
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 being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide On -Call Professional and Technical
Environmental Services ("Project").
C. 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 evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 22, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
15-35
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 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 and the Letter Proposal. 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 and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, 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 Letter Proposal
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
Seventy Five Thousand Dollars and 001100 ($75,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term 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
LSA Associates, Inc. Page 2
15-36
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 billed on an hourly basis, and a description of any
reimbursable expenditures_ . City shall pay Consultant no later than thirty (30) 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 and the Letter Proposal or specifically approved
in writing in advance by City.
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 City 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 B and the Letter Proposal.
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 term. Consultant has designated Chris Jones 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.
5.2 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.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Planning Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
LSA Associates, Inc. Page 3
15-37
7. CITY'S 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
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 tile Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
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 business license 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 by
City, contractors, 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
LSA Associates, Inc. Page 4
15-38
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or 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.
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.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City'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 City'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.
13. PROGRESS
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.
LSA Associates, Inc. Page 5
15-39
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
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 and the Letter Proposal. 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 an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the 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, websites, blogs, 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 shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
LSA Associates, Inc. Page 6
15-40
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 City'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 and/or viewable with Adobe Acrobat.
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 writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
. Consultant shall keep records and invoices in connection with the Services to be
performed 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, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City 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 (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
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
LSA Associates, Inc. Page 7
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. 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 by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. 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
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
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 seq., Consultant
shall conform to all requirements therein. Failure to do 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 prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Planning Manager
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
LSA Associates, Inc. Page 8
15-42
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Tony Petros
LSA Associates, Inc.
3210 El Camino Real, Suite 100
Irvine, CA 92602
4_-�d W_11JI61
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 claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
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 (2) 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 due
performance within two (2) 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 any time by
giving no less 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. On 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.
LSA Associates, Inc. Page 9
15-43
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all 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
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 herein.
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 Severability. if any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 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 County 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.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
LSA Associates, Inc. Page 10
15-44
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
LSA Associates, Inc. Page 11
15-45
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Ef-1 6 /z s
—r-
By:
Aar n C. Harp
City Attorney
ATTEST:
Date:
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONSULTANT: LSA ASSOCIATES,
INC., a California corporation
Date:
Anthony Petros
Chief Executive Officer
Date:
in
Justin Cary
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
LSA Associates, Inc. Page 12
15-46
EXHIBIT A
SCOPE OF SERVICES
LSA Associates, Inc. Page A-1 15-47
SCOPE OF SERVICES
Description:
Consultant(s) shall provide environmental consulting services to the City, including but
not limited to, the following:
• Perform technical evaluation of environmental issues and provide appropriate
analysis to substantiate a categorical exemption for a project under the State CEQA
Guidelines, especially for the Class 32 (In -Fill Development) Exemption;
• Perform technical evaluation of potential projects and prepare a consistency analysis
pursuant to Section 15183 of the CEQA Guidelines;
• Prepare environmental technical studies (e.g., biological, cultural, noise, air quality,
greenhouse gas, etc.);
• Prepare and circulate SB 18 and/or AB 52 notices with support provided to City staff during
any tribal consultations;
• Perform peer review of environmental documents, including initial study or technical
studies, prepared at the direction of a private project applicant;
• Prepare applications and obtain permits from regulatory agencies;
• Provide archaeological, paleontological, and other cultural resources monitoring; and
• Participate at community meetings or public hearings regarding CEQA matters for which
the Consultant has provided support.
15-48
City of Newport Beach
On -Call Professional and Technical Environmental Services
Approach/Understanding of Service(s) to Be Provided
LSA can confirm that we, with the support of any needed subconsultants, are able to perform all
services requested in the RFQ's Scope of Services. Detailed information regarding our approach to
and understanding of on -call work is provided below.
LSA's Understanding of an On -Call Contract
LSA understands that an on -call assignment requires an "on -
call" obligation. Building upon LSA's prior and current
experience with on -call contracts, the LSA Team for this
contract will act quickly; be responsive, knowledgeable, and
ready for a myriad of possible requests that may need to be
addressed concurrently; and be solution oriented in order to
help City staff accomplish project goals. LSA is equipped with
the size and depth of staff and experience to promptly respond
to any requests for services from the City, including multiple
requests at one time.
We understand that environmental documentation assistance
pursuant to CEQA could come in the form of preparation of a
Notice of Exemption (NOE)/memorandum in support of a
Notice of Exemption, IS, ND, MND, EIR, or Addenda to a
previously prepared EIR and additional technical studies. LSA
has a great deal of experience in undertaking the review and analysis of projects for which the
environmental analysis may tier off a program EIR and/or preparing CEQA analysis documents of all
kinds. LSA staff members embody the qualities a consultant must have to successfully undertake
environmental review assignments and technical studies on an on -call basis, including:
r Understanding Local Environment
Strong Project Management
Quick Identification of Key Issues
iInformed Decision -Making
Comprehensive Documentation
�
40 Flexibility and Responsiveness
• An ability to quickly gain an understanding of the local environment (both physical and political).
• A strong anticipatory project management style that facilitates informed decision -making about
key issues and the level of effort needed to address them.
• An ability to work effectively and efficiently with City staff, project proponents, and the public.
• A strong commitment to identifying and closely adhering to realistic schedules, work scopes, and
budgets.
• A willingness to be flexible and responsive to the demands and needs of a particular project.
201Page
15-49
City of Newport Beach
On -Call Professional and Technical Environmental Services
�.i
LSA's Typical Approach to an On -Call Contract
LSA will be responsive and available to meet with City staff as soon as tasks or projects are proposed.
LSA has a wide pool of technical specialists who have experience working throughout Orange County,
particularly in Newport Beach, who will be part of the LSA Team to support task orders issued by the
City.
Through many combined staff -years of experience providing services for on -call contracts
throughout California, LSA has developed an effective process to streamline client requests for
services. The first step in the process is to define the scope of work. When a task order request is
received, the LSA Project Manager will promptly prepare a detailed scope of work and budget for
the City's review. If the City has questions following its review, the LSA Project Manager will refine
the scope of work and budget accordingly. As an integral part of scoping and budgeting, LSA will form
a project team that is the most appropriate for the required scope of the task order, including
assigning a Task Lead who will be responsible for coordinating the LSA staff team.
The next step in the process is for LSA to
Project coordinate with the City to develop a project
Leadership
schedule. LSA has extensive experience working
with public -sector clients to meet aggressive
schedules and accommodate deadlines as they
may relate to project funding, land purchase
Project options, timingof public hearings, or construction
Management time frames. Schedules may be condensed
Tasks Coordination through a variety of methods, including early
agreement on the project description, swift
transmittal of requested data, assigning
BudgetQA/QC additional staff members to the task order, and
Control
Program shortened review periods. The LSA Team
understands the importance of completing tasks
within the agreed -upon schedule and has a
proven record of meeting aggressive deadlines while providing quality services and not exceeding
project budgets.
Once the City has approved the scope of work and schedule, LSA will initiate a project team kickoff
meeting. The kickoff meeting provides a forum for exchanging information among all team
members; reviewing critical scheduling tasks, including time -sensitive field surveys, major
deliverables, and review cycles; and confirming the level of technical and environmental documents
required for project and permit approvals. LSA will communicate in advance with resource agencies
and other responsible agencies, as necessary, for pertinent information relevant to conducting the
technical work. Following the kickoff meeting, LSA will prepare a thorough and detailed project
description, working closely with the appropriate City staff. Once the City has approved the project
description, LSA's Project Manager will initiate the preparation of all technical studies. As with all
phases of the project, LSA's Project Manager will communicate regularly during preparation of the
technical studies to notify the City Project Manager of preliminary findings and impacts. Once the
technical studies have been completed and approved by the City and other responsible agencies (e.g.,
211 F'r, ,
15-50
City of Newport Beach
On -Call Professional and Technical Environmental Services
Caltrans), LSA will prepare draft CEQ4 and/or NEPA documentation, as applicable. It is anticipated
that deliverables associated with each task would be a combination of electronic (Portable Document
Format [PDFJ) and hard copies. LSA will provide deliverables in any quantity the City requests.
Quality Control Procedures
Each of our technical groups is managed by a long -tenured Principal and staffed by professionals well
versed with the technical requirements of their respective disciplines. In addition, LSA has an adopted
Quality Control (QC) Policy. To ensure that the company's QC Policy is implemented, all substantial
work products are reviewed at the Principal level. LSA's operational standard of Principal oversight of
technical efforts guarantees the delivery of accurate, timely, comprehensive, and legally defensible
documents to support the proposed project actions. All work products are also reviewed by an in-
house technical editor and formatted by LSA's document management staff prior to submittal to
ensure that documents arrive for review in final form, allowing City reviewers to concentrate on issues
of substance rather than on editing tasks.
Sample Schedule
The following table provides a summary of the typical time frames that are required to provide each
service the City may request. Upon receipt of a specific assignment from City staff, LSA will prepare a
draft project schedule that will outline the milestone dates/durations associated with each specific
task required. The draft schedule would be submitted to City staff for review and approval.
Anticipated Schedules for Potential Tasks
Task/Docurnent
Initial Study;
2-4 weeks
Initial Study/Negative Declaration
5-7 months
Initial Study/Mitigated Negative Declaration
6-9 months
Air Quality/Greenhouse Gas/Energy Reports
4-6 weeks
Noise Reports
4-6 weeks
Health Risk Assessments
4-8 weeks
Cultural Resources Reports
4-6 weeks
Paleontological Resources Reports
4-6 weeks
Traffic Impact Analyses
3-16 weeks
Biological Resources Reports
3-6 weeks
Peer review of technical studies prepared by a Project Applicantz
4 weeks
GIS Services — Web Application Development
1-4 weeks
Field Data Collection
1--4 weeks
Spatial Analysis
1-4 weeks
Drone Image Capture
1-2 weeks
Cartography
1-4 weeks
1 Does not include any technical work or public review.
2 Reflects a 2-week review by LSA: 1 week for the Project Applicant's consultant to address LSA's comments,
plus 1 additional week for LSA to confirm its comments have been addressed.
221Page
15-51
EXHIBIT B
SCHEDULE OF BILLING RATES
LSA Associates, Inc. Page B-1 15-52
City of Newport Beach
On -Call Pfofe75iOnal and Technical Environmental Services
Cost File
Upon receipt of a task order for a specific project or services, LSA will provide a cost spreadsheet that
details tasks by assigned personnel (hours/rate). LSA's standard billing rates by classification and
LSA's in-house direct expenses are shown below in Tables A and B.
TABLE A: LSA HOURLY BILLING RATES, EFFECTIVE JANUARY 2025
Cultural/
Planning
Environmental
Transportation7A_wxiateA_%s(xia1e
Paleontological
Biology
GIS
Resources
Principal
Principal
Principal
Principal
Principal
Principal"195-250
Associate
Associate
Associate
Associate
Associate
Senior
Senior
Senior
Senior Air
Senior
SeniorBiaiogist/
SeniorGIS
$110-240
Planner
Environmental
Transportation
Quality/Noise
Archaeologist)
Botanist/Wildlife
Specialist
Planner
Planner/Engineer
Specialist/Noise
Architecturat
Biologist/Ecologist/
Engineer
Historian /
Soil Scientist/
Paleontologist
Herpetologist/
Arborist
Planner
Environmental
Transportation
Air Quality/ Noise
Archaeologist/
Biologist/Botanist/
G15
$125-155
Planner
Planner/Engineer
Specialist/ Noise
Architectural
Wildlife Biologist/
Specialist
Engineer/ Climate
Historian/
Ecologist/Sod
Change Specialist
Paleontologist
Scientist/
Herpetologist/
Arborist
Assistant
Assistant
Assistant
Air Quality/ Noise
Field
Assistant Biologist/
Assistant
$95-175
Planner
Environmental
Transportation
Analyst
Archaeotogist/Paleon
Botarnist/Wildlife
GIS
Planner
Planner/Engineer
tologist
Biologist/Ecologist/
Specialist
Soil Scientist/
Herpetologist/
Arborist
Office Services
Marketing
0 185
Office Assistant
$110-145
Project Accountant
$110-135
Document Management/Technical Editing/Graphics
$115-160
TABLE B: IN-HOUSE DIRECT COSTS
Description
Unit Cost
Description
Unit Cost
Reproduction (8.5 x 11) B/W
$0.07 per page
Total Station Surveytng Instrument
$50.00 per day
Reproduction (8.5 X 11) Color
$0.40 per page
Level (Laser or Optical)
25.00 per day
Reproduction (11 K 17) B/W
$0.10 per page
Laser Rangefinder
$25.00 per day
Reproduction (11 K 17) Color
$0.75 per page
Sound Meter
75.00 per day
CD Production
$5.00 per CD
Sound Meter with Velocity Transducer
$95.00 per day
USB Flash Drive
$5.00 per drive
Aerial Photo
Cost
Plotting
$3.7S per sq ft
Boat Rental
Cost
Aerial Drone
$200.00 per day
Water Quality Meter
25.00 per day
Mileage or, Road
Current federal rate
Night Vision Goggles
$50.00 per unit per night
Mileage Off -Road
Current federal rate
Wildlife Camera
$25.00per day
GPS Unit
75.00 per day
Direct costs shall be reimbursed at cost plus 10 percent.
15-53
City of Newport Beach
On -Call Professional and Technical Environmental Services
Subcontractor Rates
Moffatt & Nichol
WWI
mofIott & n i c h o I
RATE SCHEDULE FOR PROFESSIONAL SERVICES
CLASSIFICATION
HOURLY RATES
PROFESSIONALS F'nncoal Engineer/Scierli st
$350 00
Supervisor? Enprneert&ierdrst
s330 00
Senior EngineedSctertlrst
S320 00
Engineer/Scientist I II
$270 00
Engsnee, IScientist 11
$260 00
Engmeer/Scientist I
S220 00
Ergrneer/Scien test 1
$210 00
Staff II
S19C 00
Staff II
S180 00
Staff 1
$160 00
Field Tech
S150 00
REIMBURSABLE EXPENSES (Unless (Ahermse Provided in Written Agreement)
Subcontracts or Outside Services
Cost+1096
Reproductions In House
Mylar Plots (B/W)
$2 706F
Color Plats
$4 90JSF
Vellum Pots (DM'
S1 7015F
Bond Plats (OW
S1 10fSF
Drawing ReprodudQn
Cast +10%
Document Reproduction
$0 171sheet
Outside Reoroductron
Cost -10%
Travel Company Auto
Prevailing IRS
Rental vehicle
cost
Air`are
Cost
Meals arty Locgtng
Cost
Effective March 1, 2024. Until Revised
2
15-54
City of Newport Beach
On -Call Professional and Tethrlical Erwironmental Services
Fuscoe Engineering
r �
Faft- a N a I pit E a 1 M C.
2024 - 2025 RATE SCHEDULE
CLASSIFICATION
President / Vice President I Principal / Sr Project Manager
Project Manager !Technical Manager /Sr Land Surveyor
Assoc. project Manager/Sr Engineer; Sr Designer /Sr Stormwater Engineer
Land Surveyor / Engireer / Designer / Stormwater Engineer 1 Specialist
Project Scientist / GIS Analyst
Sr. Survey Analyst 1 Sr. Mapping Analyst
GIS Coordinator 1 Data Scientist
Assoc Engineer/Assoc. Stormwater Engineer1 Stormwater Tech
Pan processor
Geospatial Speciai / Survey Analyst / mapping Analyst
5tormwater Inspector
3D Artist / Survey Technician
Image Technician
Information Coordinator
1-Man Survey Crew
2-Man Surrey Crew
3•Man Survey Crew
HOURLY RATE
5270
5238
$220
5195
5190
$185
S 72
S16O
$160
5135
5130
$114
$110
S226
$354
$450
1 Reproduction and other reimbursable expenses (such as overnight deliveries, mileage,
permits, and licenses, etc j and Client approved subcontractor services will be billed in additior
to the above rates with a 1036 handling surcharge,
3, Clvertirrte is available for critical deadlines at 1-1/2 times the normal rates for office employees
Surveyors rates are also adjusted automatically for overtime or holiday/weekend vwork in
agreement with the Operating Engineers Union
1553S Sand canyon. Suaa 100. 1rv,na. CaiiMrrxa 97618 - 949 474.1960
3
15-55
City of Newport Beach
Orr Call Professio,lal and Technical Environmental Services
MBC Aquatic Sciences
Agmbc
AQU.TiC SCIENCES
Labor Rates
Cay of Newport Beach On�Call Professional and 7e0ncai Env Services
March 2025
Billing
Rate
POaitlon
Year 1
Year 2
Year 3
Yew a
Yew 5
PrincipalSewtst
S
26C
S
268
5 276
5 2a4
5 293
Nlamgng Sccrn:t
5
225
S
232
S 239
5 246
5 253
Senor Scerast
S
220
S
227
S 233
5 240
5 248
Proja i Coordinate
5
160
S
185
S 191
S 197
S 203
Prolect $comrst
9
175
S
ISO
5 186
5 t91
S 197
Group $dental
S
158
S
163
S 168
5 173
5 173
Cipainr5r Tochnrctan
S
155
S
160
S 164
5 169
S 174
Stlentnt
S
145
$
149
S 154
$ 158
S 163
Sr Technician
S
140
S
I"
S 149
5 7S3
S 155
Accsunlal
5
134
$
138
S 142
5 146
$ 1151
CWKe Adrn�istrator
S
125
S
129
5 133
5 137
S 1141
Technical Conrdnalor
S
120
$
124
S 127
S 131
5 135
Data Ptocessar
S
W.
$
93
S 95
5 96
S 101
Technsan
S
90
5
93
S 95
S 93
S loll
Assx4e Teehn,cmn
5
75
$
77
S 80
5 82
S 84
Assetanl Technician
S
65
S
67
5 69
1 T7
S 73
Equipment Rates
City of Newport Beach On Call Professional and Technical Env S". "S
March 2025
Equipment I Item
Una
Rees
Van Pidtuµ'Passenger
per day
S 5500
Field lapbp • tablet
per day
5 5000
Rariget4lder
per day
S 3000
DrffererilGPSsystem
per day
5 2901)
AicGIS system
per hour
S 1400
Hypack snttwere
par hour
S 1400
35 minicamera Underwater
per clay
S 3800
35 mn camera - SLR
per day
S 3800
Digital Camara
per day
S 3600
Video camera - undeiweter
Der day
S 11500
vlhracore.
pet day
S 1 40000
Scuba gear
per clay
5 10600
Direr -held hyorophone:sonar
per day
$ 3400
Ecigetech 54escan Sonar
Der day
5 57000
Seat-rrd CTD
per day
S 600D0
Eureka VOO Muitimeter
per day
S 110 00
Currerd meter (ADCP) and mooring
per day
S 75 00
CEESCOFE Echo Sounder
per day
S 400 00
Van Dorn samplers
per day
S 50 00
LOTEK temp depth recorder
per day
S 4200.
Photocopies (Pee page)
per page
5 010
In -Muse ka (MBC)
per day
S 5 m
Mileage
per mile
Revailing rRS Rate
Scuba Tank As Refit
per day
at cost
Dive insurance (percent of notrty y4age)
per day
at cost
Conshelt Services (Subcontractor)
kN Scorpaena 11 (CARB Twr 3)
pei day 5 2 4UU W
R,V % n low (CARS Tlei 3)
per day 5 91.r0 00
Irdfalable,poretoon'ski f (4 nscibr)
per dsy S 18000
Fuel
Per gallon at Cost
4
15-56
Clty of Newport Beach
On -Call PiUfeSSiOldl and Technical Environmental Services
Ninyo $ Moore
Professional Staff
Principal Engineer Geologistfusiroomental Scientist Certified Industrial Hygienist
$
250
Senior Engineer 'Geologist'I m-iromuental Scientist
S
235
Senior Project Engineer'Geologist EnrironmenW Scientist
S
220
Project Engineer Geologist'Enviromncntal Scientist
S
210
Senior Staff Engineer Geologist/Environmental Scientist
S
200
Staff Engineer'Gcologist,Envirotmtental Scientist
S
180
GIS Analyst
$
160
Technical Illustrator"CAD Operator
S
140
Field Staff
Certified AsbestovLead Technician
S 220
Field Operations Manager
S 150
Nondestructive Examination Technician (UT. MT. LP)
$ 145
Supervisory Technician
$ 140
Special Inspector (Concrete. Masonry. Structural Steel. Welding. and Fireproofing)
S 135
Senior Technician
$ 135
Technician
S 130
Administrative Staff
Information Specialist
$ 120
Geotechnical'EnvironmentaVI aboratory Assistant
S 120
Data Processor
S 95
Other Ci
Concrete Coring Equipment (includes technician)
S
1901ttr
Anchor Load Test Equipment (includes technician)
S
190/hr
GPR Equipment
S
180/hr
Inclinometer
S
100/1u
Hand Auger Equipment
S
801hr
Rebar Locator (Pachometer)
S
25/hr
Vapor Emission Kit
S
65/kit
Nuclear Density Gauge
$
15/6r
X-Ray Fluorescence
S
70/1u
PID/FID
S
25/hr
Air Sampling Pump
$
10/hr
Field Vehicle
$
15/hr
Equipment
S
15/hr
Expert Witness Testimony
S
450/hr
Direct Expenses
Cost phis 15 %
Special equipment charges will be prosided upon request.
5
15-57
City of Newport Beach
On -Call Professional and Technical Environmental Services
Technicians and special inspectors are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime
rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday
and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day. all day
Sunday and on holidays.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Dcternnii uon during the life of the project, as
applicable.
The terms and conditions are included in Ninyo & Moore's Work Authorization and Agreement form.
SOILS
Atterberg Limits, D 4318. CT 204
S
170
California Bearing Ratio (CBR), D 1M
S
550
Chloride and Subte Content, CT 417 & CT 422
$
175
Consolidation. D 2435, CT 219
S
300
Consolidation. Hydro-Colapse only, D 2435
S
150
Consolidation - Time Rate, D 2435, CT 219
S
200
Direct Shear - Remolded, D 3080
S
350
Dired Shear - Undisturbed. D 3080
$
300
Durability Index, CT 229
S
175
Expansion Index, D 4829, IBC 183
S
190
Expansion Potential (Method A), D 4646
$
170
Geofabnc Tensile and Elongation Test, D 4632
S
200
Hydraulic Conductivity. D 50M
$
350
Hydrometer Analysis, D 6913, CT 203
$
220
MoistureAsh, 8 Organic Matter of Peat/Organic Soils
S
120
Moisture Only, D 2216, CT 226
S
35
Moisture and Density. D 2937
S
45
Permeability. CH. D 2434, CT 220
S
300
pH and Reststrvity, CT 643
$
175
Proctor Density D1557, D 698, CT 216, AASHTO T-180
$
220
Proctor Density with Rock Correction D 1557
S
340
R-value. D 2944. CT 301
S
375
Sand Equivalent, D 241g, CT 217
S
125
Steve Analysis. D 6913, CT 202
S
145
Sieve Analysis, 200 Wash. D 1140, CT 202
S
100
Specific Gravity, D 854
S
125
Tbermal Reststrvdy (ASTM 5334, IEEE 442)
S
925
Triaxiai Shear, C.D, D 4767, T 297
$
550
Triamal Shear, C.U., w/pore pressure. D 4767, T 2291 per pt
S
450
Trwaoi Shear, C.U., wdo pore pressue. D 4767, T 2297 per pt
S
350
Tnaxial Shear, U.U.. D 2850
S
250
Unconfined Compression, D 2166, T 208
S
180
MASONRY
Brick Absorption, 24-hour submersion. 5-hr boiling, 7-day C 67 $ 70
Bock Compression Test. C 67
$
55
Bock Efflorescence. C 67
$
55
Bock Modulus of Rupture, C 61
S
50
Brick Moisture as received. C 67
$
45
Brick Salication Coefficient. C 67
$
60
Concmle Block Compression Test. 8x8x16, C 140
$
70
Concrete Block Conformance Package, C 90
$
500
Concrete Block Linear Shrinkage, C 426
S
200
Concrete Block Unit Weight and Absorption, C 140
$
70
Cores, Compression or Shear Bond, CA Code
$
70
Masonry Grout, 3x3x6 prism compression, C 39
$
45
Masonry Mortar, 2x2 cube compression, C 109
$
35
Masonry Prism. half size, compression, C 1019
S
120
Masonry Prism, Full size, compression. C 1019
$
200
REINFORCING AND STRUCTURAL STEEL
Chemical Analysis, A 36, A 615
S
135
Fireproofing Density Test, UBC 7-6
$
90
CONCRETE
Cornpressm Tests, 6x12 Cylinder, C 39
S
35
Concrete Mu Design Review, Job Spec
$
300
Concrete Mix Design, per Trial Batch, 6 cylinder, ACI
S
850
Concrete Cores, Compression (excludes sampling), C 42
S
120
Drying Shrinkage. C 157
S
400
flexural Test. C 78
$
85
Flexural Test, C 293
$
85
Flexural Test, CT 523
$
95
GundOShotcrete, Panels, 3 cut cores per panel and test, ACI
$
275
Lightweight Concrete Fill, Compression. C 495
$
80
Petrographic Analysis, C 856
$ 2 000
Restrained Expansxxh of Shrinkage Compensation
S
450
Spkftong Tensile Strength, C 496
S
100
3x6 Grout. (CLSM) C 39
S
55
btW Nor -Shrink Grout. C 109
$
55
ASPHALT
Air Voids, T 269
$
85
Asphalt Mix Design, Caltrans find Aggregate Quality)
$ 4.500
Asphaif Moe Designs Review, Job Spec
S
180
Dust Proportioning, CT LP-4
S
B5
Extraction, % Asphalt. including Gradabori. D 2172. CT 382
S
250
Extraction. % Asphal without Gradation. D 2172. CT 382
$
150
Film Stripping, CT 302
$
120
Hveem Stability and Und Weight D 15W, T 246. CT 366
S
225
Marshal Statnkty. Flow and Unit Weight, T 245
$
240
Maxxnum Theoretical Unit Weight, D 2041, CT 309
S
150
Moisture Content. CT 370
$
95
Moisture Susceptibility and Tensile Stress Ratio, T 238 CT 371
S 1
000
Slurry Wet Trade Abrasion, D 3910
S
150
Superpave, Asphalt Mix Venfication (ind. Aggregate Quality)
S 4,9W
Superpave, Gyratory Unit WL, T 312
S
100
Superpave. Hamburg Wheel, 20,000 passes. T 324
$1,000
Unit Weight sample or core, D 2726, CT 308
S
100
Voids in Mineral Aggregate, (VMA) CT LP-2
S
90
Voids filled with Asphalt, (VFA) CT LP-3
$
90
Wax Density, D 1188
S
140
AGGREGATES
Clay Lumps and Friable Particles, C 142
$
180
Cleanness Value, CT 227
$
180
Crushed Particles, CT 205
S
175
Durability, Coarse or Fne. CT 229
S
205
Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234
S
180
Flat and Elongated Particle, D 4791
S
220
Lightweight Particles, C 123
$
180
Los Angeles Abrasion, C 131 or C 535
S
200
Material Finer than No. 200 Sieve by Washing, C 117
$
90
Organic Impurities. C 40
S
90
Potential Alkali Reactivity, Mortar Bar Method. Coarse, C 1260
$1.250
Potential Alkali Reactivity. Mortar Bar Method. Fine, C 1260
$
950
Potential Reactivity of Aggregate (Chemrcal Method), C 289
$
475
Sand Equivalent, T 176. CT 217
$
125
6
15-58
City of Newport Beach
On -Gail Professional and Technirai Environmental
Services
Hardness Test, Rockwell, A 370
$
80
Sieve Analysis, Coarse Aggregate, T 27, C 136
$
120
High Strength Bolt, Nut & Washer Conformance,
Sieve Analysis, Fine Aggregate (including wash), T 27, C 136
$
145
per assembly, A 325
$
150
Sodium Sulfate Soundness, C 88
$
450
Mechanically Spliced Reinforcing Tensile Test, AD
$
175
Specific Gravity and Absorption, Coarse, C 127, CT 206
$
115
Pre -Stress Strand (7 wire), A 416
$
170
Specific Gravity and Absorption, Fine, C 128, CT 207
$
175
Reinforcing Tensile or Bend up to No. 11, A 615 & A 706
$
75
Structural Steel Tensile Test Up to 200,000 lbs., A 370
$
90
ROOFING
Welded Reinforcing Tensile Test: Up to No 11 bars, ACI
$
80
Roofing Tile Absorption, (set of 5), C 67
$
250
Roofing Tile Strength Test, (set of 5), C 67
$
250
Special preparation of standard test specimens will be charged at the technician's hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
15-59
EXHIBIT C
INSURANCE REQUIREMENTS — 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 VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
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 by
disease in accordance with the laws of the State of California, Section 3700
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, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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 two million dollars- ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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
LSA Associates, Inc. Page C-1
15-60
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.
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
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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,
employees and any person or entity owningor otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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 Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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 City.
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 nonrenewal of coverage for each
required coverage.
5. Additional Agreements_ Between the Parties. The parties hereby agree to the
following:
LSA Associates, Inc. Page C-2 15-61
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along 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 City's Risk 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
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. City'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.
C. 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 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged 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 shall be
LSA Associates, Inc. Page C-3 15-62
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum 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. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, 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 City'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 claim 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.
LSA Associates, Inc. Page C-4 15-63
Attachment C
Professional Services Agreement with PlaceWorks, Inc.
15-64
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC. FOR
ON -CALL PROFESSIONAL AND TECHNICAL ENVIRONMENTAL SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 23rd day of September, 2026 ("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. 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 being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide On -Call Professional and Technical
Environmental Services ("Project").
C. 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 evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 22, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
15-65
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 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 and the Letter Proposal. 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 and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, 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 Letter Proposal
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
Seventy Five Thousand Dollars and 001100 ($75,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term 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
PlaceWorks, Inc. Page 2
15-66
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 billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) 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 and the Letter Proposal or specifically approved
in writing in advance by City.
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 City 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 B and the Letter Proposal.
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 term. Consultant has designated Nicole Vermilion 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.
5.2 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.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Planning Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
PlaceWorks, Inc. Page 3
15-67
7. CITY'S 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
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.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
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 business license 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 by
City, contractors, 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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
PlaceWorks, Inc. Page 4
15-68
Consultant's presence or activities conducted on the Project (including the negligent,"
reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers,
agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or 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.
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.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City'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 City'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.
13. PROGRESS
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.
PlaceWorks, Inc.
Page 5
15-69
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
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 and the Letter Proposal. 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 an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the 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, websites, blogs, 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 shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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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 City'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 and/or viewable with Adobe Acrobat.
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 writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and. indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed 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, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment -to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City 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 (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
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
PlaceWorks, Inc. Page 7
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. 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 by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. 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
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
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 seq., Consultant
shall conform to all requirements therein. Failure to do 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 prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Planning Manager
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kara Kosel
PlaceWorks, Inc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
26. 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 claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
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 (2) 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 due
performance within two (2) 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 any time by
giving no less 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. On 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.
PlaceWorks, Inc. Page 9
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all 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
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 herein.
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 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controllinq 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 County 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.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
PlaceWorks, Inc. Page 10
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
PlaceWorks, Inc. Page 11
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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 ATTORNEY'S OFFICE
Date:
By:
A on C. Harp
Ci y Attorney
ATTEST:
Date:
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
CONSULTANT: PLACEWORKS, INC., a
California corporation
Date:
By:
Randal W. Jackson
President
Date:
By:
Kara L. Kosel
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A Scope of Services
Exhibit B Schedule of Billing Rates
Exhibit C — Insurance Requirements
PlaceWorks, Inc. Page 12
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EXHIBIT
SCOPE OF SERVICES
PlaceWorks, Inc. Page A-1 15-77
SCOPE OF SERVICES
Description:
Consultant(s) shall provide environmental consulting services to the City, including but
not limited to, the following:
• Perform technical evaluation of environmental issues and provide appropriate
analysis to substantiate a categorical exemption for a project under the State CEQA
Guidelines, especially for the Class 32 (In -Fill Development) Exemption;
• Perform technical evaluation of potential projects and prepare a consistency analysis
pursuant to Section 15183 of the CEQA Guidelines;
• Prepare environmental technical studies (e.g., biological, cultural, noise, air quality,
greenhouse gas, etc.);
• Prepare and circulate SB 18 and/or At3 52 notices with support provided to City staff during
any tribal consultations;
• Perform peer review of environmental documents, including initial study or technical
studies, prepared at the direction of a private project applicant;
• Prepare applications and obtain permits from regulatory agencies;
• Provide archaeological, paleontological, and other cultural resources monitoring, and
• Participate at community meetings or public hearings regarding CEQA matters for which
the Consultant has provided support.
15-78
APPROACH/UNDERSTANDING OF SERVICES
PlaceWorks' Approach to
Environmental Services
Although CEQA is law and the process is the same for all lead agencies,
the application of CEQA is nuanced by a variety of factors, including the
type of project, geographical area, and lead agency.
PlaceWorks understands that each project is unique —in both its
physical and political context —and we have the experience and skills
to identify when projects may be subject to CEQA. We apply creative
thinking rather than a standard, one -size -fits -all approach. We know
the right questions to ask to identify the right CEQA documentation
and process. Our first course of action is always to determine whether
any categorical exemptions apply to the project. Taking advantage of
exclusions and exemptions helps us to optimize efficiency while ensurrng
legal defensibility. If no exclusions or exemptions apply, our next step is
to determine whether an individual or joint CEQA document would be
required.
PlaceWorks' approach to all projects focuses on collaboration. Our
CEQA practitioners confer with our policy planners, designers, and
technical specialists to create responsive and site -sensitive plans and
environmental documents that satisfy regulatory demands. Whether
managing public outreach, analyzing environmental impacts, or crafting
practical, cost-effective mitigation, we serve as integral partners in a host
of environmental and planning processes. Overall, our approach to CEQA
environmental documents combines problem solving, accuracy, and
attention to detail. Even projects that share common elements benefit
from a fresh evaluation. We consider each project objectively and use our
experience and imagination to formulate workable plans and programs.
Our obligations to our clients include:
• Quality. We value our reputation as a quality firm that provides
quality products and services to quality clients. To maintain these high
standards, all project staff actively take part in quality control.
• Objectivity. Our environmental review systems rely on objective,
unbiased reporting. We take very seriously our role in producing
clearly written, objective documents.
• Professionalism. Our clients deserve high -quality work —the type
of work that comes from a team dedicated to getting the details
right. Equally important, we strive to stay on the leading edge of our
profession.
Statement of Qualifications • PlaceWorks 45
15-79
of Services
* A 40
• Defensibility. CEQA is constantly changing through court
interpretations, statutory amendments, and amendments to the
guidelines. PlaceWorks closely tracks these changes to ensure that our
environmental documents are legally adequate.
• Timely Performance. Criticisms of CEQA are often related to
the amount of time needed to satisfy its requirements. We pride
ourselves in our ability to apply the resources necessary to satisfy our
commitments. Our current and prior clients are the best indication of
our ability to perform.
PlaceWorks has over four decades in environmental planning and
science, bringing technical expertise and a long-term perspective
in shaping responses to the dynamic state and federal regulatory
environment. Our in-house project managers, environmental planners,
and scientists have handled projects of virtually every size and type.
We use our expertise to formulate workable plans and programs
while remaining neutral and objective to ensure environmental
documentation withstands legal scrutiny. We deliver comprehensive
environmental services, and client satisfaction is our top priority.
Communication
In this role we will function as an extension of City staff, and to be useful
we need to be available. We will schedule bi-weekly calls when we have
an active task order, and we will ensure you have our contact
information so that you can ask questions as they arise. Ongoing
communication and responsiveness is critical for every project. Malia
will be your point of contact and will be accountable for each project
that may be underway with a focus on the scope, schedule, and budget
to ensure a successful project. For communication with the public,
PlaceWorks has an award -winning public outreach team that we can tap
as needed for any project. Our planners know how to conduct
themselves as representatives of the City in the public arena and
appreciate the vital role that planning plays in providing information to
the public. When we work for an agency, we represent the goals and
aspirations of that agency and help City staff to be the voice of the
community. Our role is to support staff.
Solutions -Oriented Focus
Environmental analysis should address serious environmental concerns,
including those from local opposition groups, and find opportunities to
solve problems while achieving overall project objectives (i.e., schedule,
budget, and legal defensibility). We consider each project objectively and
work with our clients and the community to develop workable plans and
programs. We find the most effective solutions often involve early input
46 CITY OF NEWPORT BEACH - On -Call Professional and Technical Environmental Services
15-80
4A
into the building design process so that measures can be incorporated as
project features to lessen environmental impacts.
Quality Control
PlaceWorks has established a number of quality control and quality
assurance procedures and protocols to ensure accuracy in our
documents. All documents are submitted to the firm's document
processing center for standardized formatting and systematic checks.
A technical editor reviews it for consistency, readability, grammar, and
graphics or typographical errors. The project director reviews technical
content and general format before it is sent back to the project
manager.
Our reproduction staff produces and assembles documents in-house
to ensure a higher level of quality control and reduced costs to our
clients. After A revisions have been made and the final formatting
completed, the document is printed, and the editor inspects it page by
page to ensure that no pages or figures are missing and that formatting
is consistent. Production staff makes the required number of copies
and delivers them to the project manager, who has the ultimate
responsibility for the quality of the document and ensuring that the
environmental review process and the environmental documents satisfy
the statutes and gu+deiines of CEQA.
Project Management
Our approach to successful management starts with the right project
management. Malia Durand and Nicole Vermilion will bring a combined
breadth of experience with similar projects as required for this on -call.
They will be responsible for managing the following: (1) task scheduling
and assignment, management of resources, monitoring of costs, and
schedule adherence; (2) management and coordination of contract
administration and accounting; (3) consultation and coordination with
local and state agencies relative to the environmental document and the
environmental review processes; (4) coordination and communications
with the City to ensure that City policies, procedures, and any app}icable
codes are complied with, (5) ensuring that the environmental review
process and the documents satisfy the statutes and guidelines of CEQA
and the City of Newport Beach's CEQA Procedures; and (6) representing
the Consultant team in public meetings and project progress meetings
as requested by the City.
Schedule Adherence
We know there are often critical reasons behind schedule targets —
whether it is to ensure funding requirements are met, meeting state
deadlines, or other various reasons —we work alongside you as a team
of Services
Statement of Qualifications • PlaceWorks 47
15-81
of Services
to meet your goals. Our understanding of County review and approval
processes is critical to defining a workable project schedule for all
parties involved in the CEQA process. Project schedules will be prepared
for each task order at the level of detail deemed necessary for project
tracking and schedule adherence. We can prepare Gantt schedules for
each project that clearly highlight the critical path for a project and
facilitate easy sharing and updating by individual task. Putting a schedule
on paper is only half the challenge. Our abilities to achieve set timelines
is based on our ability to lead results -driven meetings, provide critical
updates, ensure we are working toward a unified goal, and getting
projects done right the first time. PlaceWorks prides itself on meeting
the schedule objectives of our clients.
Award -Winning CEQA Products
PlaceWorks work products are a testament to the level of quality that
we put into our work. Our EIRs have won numerous awards, year -
after -year, from the Association of Environmental Professionals (AEP)
and American Planning Association (APA), which is comprised of jurors
that are practitioners and colleagues, who recognize the quality of our
written work. Whether it is a comprehensive EIR, a meeting agenda,
or an email with recommendations, our professionalism and ability to
present clear written communication is present in all we do.
Similarly, our ability to lead public meetings in any setting, whether it be
virtual, in -person, or a combined setting, is excellent. We understand
the responsibility of representing County staff in these public meetings,
which can range from having five in attendance to hundreds, and remain
versatile and adaptable in all settings. We clearly explain to the public
and decisionmakers often complex and technical issues, and know that a
meeting execution can have a significant impact on the public's reaction
to a project.
48 CITY OF NEWPORT BEACH • On -Call Professional and Technical Environmental Services
15-82
EXHIBIT B
SCHEDULE OF BILLING RATES
PlaceWorks, Inc. Page B-1 15-83
PlaceWorks - 2025 Standard Fee Schedule
STAFF LEVEL
HOURLY BILL RATE
Principal
$210—$345
Associate Principal
$195—$285
Senior Associate II
$170—$270
Senior Associate 1
$160—$235
Associate II
$135—$200
Associate 1
$125—$185
Project Planner
$105—$175
Planner
$90—$155
Graphics Specialist
$90—$165
Administrator
$135—$ 245
Clerical/Word Processing/Technical Editor
$45—$170
Intern
$80—$125
Subconsultants are billed at cost plus 10%. Mileage reimbursement rate is the standard IRS -approved rate.
2025—StdFeeSch 01 16 2025
15-84
Document Reproduction and Other Direct Costs
Item Cost Unit
Mileage at current IRS reimbursement rate
Postage at cost
Black/White Copies, Scans & Prints $0.10 per side of 8Y2" x 11" paper
Color Copies, Scans & Prints $0.80 per side of 8Y2" x 11" paper
Black/White Copies, Scans & Prints
$0.20
per side of 11" x 17" paper
Color Copies, Scans & Prints
$1.60
per side of 11" x 17" paper
Large Scale Scanning
$4.00
per square foot
Black/White Plotting
$0.75
per square foot
Color Plotting
$10.00
per square foot
Flash Drives
$5.00
each
Urban Footprint
$500.00
each use/project
PA System
$100.00
each PA system/project/day
Microphone Rental
S25.00
each microphone/nroiect/dav
Noise Equipment Fee
$200.00
each noise monitor/project
AERMOD Software
$200.00
each use/project
Survey Monkey
$300.00
each user/project/year
Survey Monkey (Premium Account -No Advertising)
$1,500.00
each user/project/year
Website Hosting and Management
$420.00
each project/year (add-ons billed at cost)
Traffic Analysis Software
$200.00
each use/project
SoundPlan Software
$500.00
each use/project
Tablet
$75.00
each tablet/project/day
LCD Screen
$100.00
each LCD screen/project/day
Projector
$175.00
each projector/project/day
Projector Screen (Premium)
$250.00
each premium project screen/project/day
Projector Screen (Regular)
$150.00
each regular projector screen/project/day
GIS Software- Minor Use on a Project
$100.00
per project
GIS Software - GIS Contracts
$150.00
per project
GIS Software- Major Use on a Project
$300.00
per project
!Pad Podium
$50.00
each podium/project/day
Digital Camera
$50.00
each camera/project/day
Laptop
$125.00
each laptop/project/day
Easel
$20.00
each easel/project/day
EMF Meter
$150.00
each EMF meter/project/day
Light Meter
$150.00
each light meter/project/day
Cart
$35.00
each cart/project/day
Chairs
$50.00
each chair/project/day
Tables
$75.00
each table/project/day
Sand Bags
$75.00
each sand bag/project/day
Easy -Up Outdoor Tent
$75.00
each tent/project/day
ODCs 02-27-25
PLACEWORKS.COM • Orange County • Sacramento • Bay Area • Central Coast • Los Angeles • Inland Empire
15-85
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
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 VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
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 by
disease in accordance with the laws of the State of California, Section 3700
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, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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
PlaceWorks, Inc. Page C-1 15-86
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.
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
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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 Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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 City.
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 nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
PlaceWorks, Inc. Page C-2 15-87
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
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 City's Risk 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
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. City'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.
C. 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 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged 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 shall be
PlaceWorks, Inc. Page C-3 15-88
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum 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. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, 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 City'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 claim or claims if they are likely to involve
City.
I. 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.
PlaceWorks, Inc. Page C-4 15-89
Attachment D
Amendment No. One to the Professional Services Agreement with Kimley-Horn and
Associates, Inc.
15-90
AMENDMENT NO. ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
ON -CALL PEER REVIEW OF ENVIRONMENTAL AND TECHNICAL DOCUMENTS
THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 23rd day of
September, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and KIMLEY-HORN AND
ASSOCIATES, INC., a North Carolina Corporation ("Consultant"), whose address is 421
Fayetteville Street, Suite 600, Raleigh, NC 27601, and is made with reference to the
following:
RECITALS
A. On May 20, 2025, City and Consultant entered into a Professional Services
Agreement (Contract No. C-9905-1) ("Agreement") for on -call peer review of
environmental and technical documents ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
June 30, 2028 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2028, unless terminated earlier as set forth herein."
2. 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 and 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.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as
"Exhibit B."
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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 Twenty
Thousand Dollars and 00/100 ($120,000.00), without prior 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
Seventy Thousand Dollars and 00/100 ($70,000.00).
4. 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]
Kimley-Horn and Associates, Inc.
Page 2
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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: I/S f z 5
By: Le -Mm
Aari6K6. Harp
City Attorney A4
ATTEST:
Date:
M
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONSULTANT: Kimley-Horn and
Associates, Inc., a North Carolina
Corporation
Date:
By:
Leilani I. Brown Jason Melchor
City Clerk Assistant Secretary
Date:
By:
Darren J. Adrian
Senior Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Kimley-Horn and Associates, Inc.
Page 3
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EXHIBIT
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. Page A-1 15-94
Kimley-Horn confirms that we can perform all services requested in the Scope of Services.
Understanding of Services
The City of Newport Beach Community Development Department is pivotal in fostering sustainable growth and development. The City carefully
anticipates and plans for future growth, addressing community needs while prioritizing environmental sustainability. Kimley-Hom admires this
thoughtful approach, which includes tackling challenges like housing provision, infrastructure redevelopment, and community engagement to
attract businesses, residents, and visitors.
To meet its goals of minimizing response tames and improving customer service for private and municipal projects, the City seeks a skilled and
reliable partner for on -call environmental and specialized technical planning services. Kimley-Horn, with extensive experience and resources,
offers the technical expertise needed for compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEPA) regulations. We tailor our project approaches to align with the City`s goals and constraints, confirming that each project reflects the
latest rules, regulations, and legal interpretations. Our collaborative efforts aim to deliver successful project processing and maintain policy
and regulation compliance, supporting Newport Beach's development vision.
Project Approach and Methodology
Kimley-Hom understands that the ideal outcome requires the experience not only to see what is directly ahead, but to envision the landscape
of possibilities and respond adeptly to whatever comes along —balancing rigor of process with creative thinking for remarkable results. We
understand that being on point, on target, and on budget requires knowing exactly what you need, when you need it and delivering it with a
passion and conviction for getting projects done quicker and more effectively.
Kimley-Hom's approach to providing on -call environmental services to the City of Newport Beach is built on a foundation of collaboration,
flexibility, and expert project management. Acting as an extension of City staff, we will begin each assignment by closely collaborating with you
to define project scope, objectives, specific challengos/constraints, and technical requirements. Our team develops tailored work plans for
each task order, providing clear deliverables, timelines, and resource allocation, allowing for seamless integration into the City's processes.
Whether managing environmental reviews or conducting technical assessments, our planners and environmental scientists bring years of
experience and local knowledge toward successful project delivery and compliance with City policy and regulations.
On -Call Approach
On -call contracts require a different approach from typical project specific
contracts. Each project under an on -call contract needs an individualized
approach that includes the various disciplines necessary to complete the
assignment as efficiently and effectively as possible. One of the many
advantages Kimley-Horn offers to the City of Newport Beach is our ability to
assign the right staff to each project —we have many task order managers
and staff who can handle multiple projects simultaneously. Because we
have ample resources in our local offices, we can draw from a multitude of
Our extensive experience serving multiple cities
as an on -call consultantfor en vironmental,
planning, and transporta Lion planning and
design services means you can rest assured that
our approach to your projects ayi11 include
innova tine ideas and fresh perspectives within
the framework of a thorough understanding of
disciplines and specialists to complete each assignment —whether the the City'sneeds and vision.
project is relatively straightforward, requiring only a few people in a single
discipline, or a complex project requiring numerous people and multiple disciplines.
Because City Hall is less than 20 minutes from our office in Orange, we have the capacity and proximity to provide the City with an immediate
response and action to any request. Out team possesses the following key attributes to the benefit of the City!
O Rapid mobilization of staff, including immediate identification of the key personnel and subconsultants needed for each project. The
availability of in-house staff provides efficiency and consistent quality of the technical analyses. Project managers receive bi-monthly
effort reports on staff resources and expenses —helping them establish a clear picture of project cost, cost control effectiveness, and
City of Newport Beach • FVCAORNG006533.2025
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schedule —all tools needed to keep projects moving ahead. We also use our "cast -ahead" system, which enables us to forecast our
workload and compare the projected workload to our resources
O Responsiveness to any significant issues of concern raised by responsible and regulatory agencies and the public
O Flexibility to tailor our approach to meet the specific needs of each project
O Commitment of senior level management to the individual projects to provide close coordination with the City
O Ongoing communication and consultation to address issues that arise during the project review process. The Kimley-Horn team has
proven experience working with local agencies, and the collaborative process maintains project progress and accurate technical
documentation
Management Approach
Based on our experience preparing and peer -reviewing CFQA documents and technical studies, we have developed various techniques to
facilitate, expedite, and simplify the environmental compliance process. These include:
O Designate an Environmental Task Manager to establish Kimley-Horn as an "extension" of City staff and maintain continuous, responsive,
and open lines of communication to make sure the highest level of document quality and schedulelbudget compliance
O Assign staff with specific experience with the type of development proposed
O Develop analytical methodologies and thresholds of significance that clearly articulate conclusions
O Disclose early the nature and degree of potential environmental impacts, allowing for early development of environmental solutions
O Document site visits and field reconnaissance to maximize data recordation and identify/minimize potential data errors
O Ongoing participation in monthly case -law updates as provided by our CEQA-recognized legal community and partner.
O Maintain solid and ongoing relationships with state and regulatory agencies with jurisdiction over the City's natural resources
Technical An rp oach
Project Needs: The environmental documentation requirements for a "typical project" can vary extensively from the identification of potential
environmental constraints as part of feasibility studies to document preparation pursuant to CEQA. Knowledge of technical issues, applicable
regulations, and the City's entitlement and regulatory processes allow Kimley-Horn to provide responsive and solution -oriented advice. For
each project, we begin by assessing available project documentation, identifying any changes that have occurred since previous plan
preparation, and reviewing any technical studies that have been prepared. Whether we are preparing or reviewing documents, our role is to
help the City determine the appropriate CEQA documentation for a project. We provide that guidance and experience through our technical
expertise to make certain projects are properly scoped and utilize existing documentation appropriately.
Planning and Preparation: Kimiey-Horn will meet with Newport Beach staff and applicant, the latter as determined appropriate by the City,
as part of a project kick-off meeting, and together we will refine the project description and develop a project schedule. This initial
coordination provides the opportunity for project team members to understand their roles and responsibilities; identification of data needs and
issues; and development of strategies for addressing these issues. As desired by individual City project managers, we can be responsible for
managing the CEQA process for the City, including ongoing project team coordination to confirm compliance with the scope of work, budget,
and schedule, and to disseminate project information.
Analysis: Kimley-Horn will consider the entire project process so that we have a complete understanding of where the project is going and
how we as a team are going to got there. This involves everything from reviewing the design package, making sure the baseline information
will fulfill the needs of the end product, and foreseeing what permits may be required by agencies, to see how the project will function upon
completion. Our experience provides the knowledge to recommend early in the process any possible project modifications which can be
implemented to avoid or reduce environmental impacts and regulatory permitting. For peer reviewed CEQA documents and technical studies,
Kimley-Horn will review the environment document to verify where the document is accurate, complete, and adequate,
City of Newport Beach • EVCAORNG006533.2025
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As CEQA continues to evolve, we develop new strategies to protect the interests of our clients by maintaining compliance with the latest CEQA
and regulatory requirements, including Coastal Act provisions. Senior staff at Kimley-Hom review regulations and pending legislation and court
rulings during each phase of the environmental review process to confirm that we are complying with the mandates and guidelines of CEQA
and the City's guidelines for implementing CEQA. We understand that some court cases have provided clearer interpretations of and guidance
to the provisions of CEQA; other court rulings have contradicted earlier case law. We work closely with staff to confirm a common
understanding. Because we follow new regulations, CEQA rulings, and legislative changes closely, if we see a potential issue, we revisit our
documents to make sure they are consistent with recent refinements to the law. This process confirms that all documents comply with all
pertinent provisions of CEQA and regulatory requirements. We work very hard to ensure that every environmental document and technical
report that we prepare or peer review reflects all applicable rules and regulations and appropriate legal interpretations.
Technic?B Sti!dies: Preparation and Peer Review
Whether we are preparing documentation or serving the City in a peer review capacity, we wil! focus on the appropriateness/thoroughness of
the methodologies and analyses; whether the analyses' conclusions are supported by factual/credible evidence; consistency among reports
and accurate representation of project -related information; and, whether the analyses meet the applicable CEQA provisions and other
applicable regulatory requirements. Where we are providing peer review services, a Peer Review Memorandum will be prepared to identify any
recommended revisions or data gaps and identify if any additional documentation is required. Upon receipt of revised documents, we will
review to ensure that all necessary and required comments have been addressed and outstanding issues resolved. Where Kimley-Hom is
responsible for the preparation of these documents and studies, we will address all comments and provide revisions in redline for ease of
review.
Aesthetics and Visual Resources: Kimley-Hom will assess potential visual changes resulting from project implementation when views are
of concern. The evaluation will use the appropriate analysis tools including site visits, photo -documentation, visual simulations and
shade/shadow modeling. All of these analytical tools can be provided by Kimley-Horn in-house staff.
Air Quality and Health Risk: Kimley-Horn provides a full range of air quality studies in accordance with local, state, and federal impact
assessment criteria. Our staff is trained in using state-of-the-art computer models and assessment protocols developed by the U.S.
Environmental Protection Agency (U.S. EPA), the California Air Resources Board (CARB), the Federal Highway Administration (FHWA), California
Department of Transportation (Caltrans), and Air Pollution Control Districts throughout the State. Computer models used include California
Emissions Estimator Model (CaIEEMod), EMFAC, OFFROAD, CALINE, and AERMOD.
Biological Resources and Regulatory Permitting: Rocks Biological Consulting and Kimley-Horn will provide necessary analyses to meet
federal, state, and local environmental law and regulations under the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service (USFWS),
and the California Department of Fish and Wildlife (CDFW). As needed, the Kimley-Horn team would evaluate or peer review reports to
evaluate parcels including in -fill development sites with respect to potential biological impacts including nesting birds. Our staff can also
prepare jurisdictional delineations and regulatory permitting.
Historic, Archaeological, Paleontological, and Tribal Cultural Resources: Kimley-Horn's staff will prepare cultural resources
inventories and evaluations for architectural history/historic preservation, prehistoric and historic archaeology, and paleontology. Staff is well -
versed in avoidance and treatment protocols for various resource types, and can prepare and implement plans related to construction
monitoring, excavation, historic building recordation, etc. Our staff can also assist City staff with tribal consultation and worn with partnering
tribes to implement culturally appropriate methodology for all phases of inventory, evaluation, and treatment effort. Our firm also provides
construction monitoring
Energy: Kimley-Horn will quantitatively assess a project's energy consumption and demand on suppliers based on CalEEMod, project specific
data, land use, and a project's proposed sustainability features. Project energy consumption is quantified related to electricity, natural gas, and
transportation fuel for vehicle trips and project construction.
Geology and Soils: The Kimley-Horn team will review studies for adequacy with CEQA requirements and regulatory requirements. According
to the Questions & Answers released on March 17, 2024, the City does not anticipate a need for geologist/geotechnical specialists. Should a
geotechnical or soils investigation be required, Kimley-Horn will coordinate with a subconsultant to prepare geotechnical studies or provide
evaluations that are specific to the project.
City of Newport Beach • EVCAORNG006533.2025
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Greenhouse Gas (GHG) Emissions: Kimley-Hom staff prepares qualitative and quantitative GHG emissions analyses associated with the
CEQA and NEPA documents. We understand the evolving regulations and the activities within the South Coast Air Quality Management District
(SCAQMD) and other air districts relative to GHG emissions assessments as well as ongoing case law and regulatory requirements affecting
the methodology for GHG analyses. Project -related GHG emissions will be assessed against SCAQMD draft thresholds and consistency with
applicable GHG reduction plans including applicable City policies, and other applicable regional/statewide GHG emissions reduction strategies
such as the CARB Scoping Plan and the Regional Transportation Plan/Sustainable Community Strategy for the Southern California Association
of Governments (SCAG) region.
Hazardous Materials: Kimley-Horn will evaluate potential impacts that could result from the release of hazardous materials during
construction and the long-term operation of a project. Kimley-Horn can prepare and peer review Phase I and Phase II Environmental Site
Assessments. Phase I ESAs address the due diligence procedures and methodology presented in ASTM E 1527-21. The purpose of the Phase
I ESA is to: (1) identify Recognized Environmental Conditions (RECs); (2) provide an opinion of the impacts on the property resulting from
conditions identified during the investigation, by a qualified Environmental Professional; provide an opinion, by a qualified Environmental
Professional, on the need for additional investigations; and (4) provide a statement consistent with ASTM E 1527-21, 12.14.2, on the
qualifications of the Environmental Professional and the suitability of the Phase I ESA to meet the requirements of the All Appropriate Inquiry
Rule, 40 CFR 312. Work efforts will include records review, site reconnaissance, interviews, and report preparation.
Hydrology and Water Ouality: Kimley-Horn's engineers are experienced in the preparation of large- and small-scale hydrology analyses in
support of technical site plans, programmatic land use planning/specific plans, and policy documents along with final engineering phase
drainage plans. With respect to drainage, Kimley-Horn can prepare on -site conceptual drainage technical memorandums analyzing on -site
runoff and drainage flow paths for pre- and post -developed conditions associated with a proposed development area. In addition, Kimley-Horn
prepares Water Quality Management Plans in support of entitlement and final engineering plans.
Noise and Vibration: Kimley-Horn provides a full range of noise impact analyses including instrument -assisted noise field surveys,
commercial and industrial stationary sources noise impact analyses, FHWA computer modeling of motor vehicle noise impacts for roadway
and freeway projects, and rail noise impact analyses. The analyses address operational and construction noise including the potential for
vibration effects during demolition and construction.
Transportation: Kimley-Horn offers complete in-house transportation planning and engineering services including the preparation of Vehicle
Miles Traveled (VMT) and Local Circulation (Level of Service) traffic studies, traffic calming studies, speed zoning studies, safety and
operations studies, parking management studies, pedestrian safety programs, bikeway plans, site access and circulation studies, and accident
analyses. These various analyses are often needed as a part of the overall traffic analysis in a CEQA document and to support the City's
evaluation of a project for decision -makers. Kimiey-Horn is also able to address all aspects of roadway design, including intersection
geometrics, utility relocations, traffic control, signalization, and signing and marking.
Utilities and Service Systems: Depending on the type and size of the project and our role, Kimley-Horn can evaluate potential impacts on
utility and service providers to determine if a project will conflict with any existing utilities in the study area. Alternatively, our staff has the
expertise to provide sewer capacity analyses and preliminary water demand analyses. Areas of evaluation will include power and natural gas,
communications, water treatment and distribution facilities, sewer, storm water, and water supplies. We will coordinate with the City and utility
purveyors to make sure that the impacts are fully analyzed.
Environmental !documents
The following provides an overview of the type of documents identified in the RFP.
Initial Study/Negative Declaration/Mitigated Negative Declaration. Kimley-Horn will prepare an Administrative Draft Initial Study and
will describe the project's location, environmental setting, and characteristics. Using the City's Environmental Checklist Form, each of the
topics contained in the Environmental Checklist — both topics addressed through a technical study as well as narrative analysis, such as Land
Use - will be evaluated to document the nature and extent of any potential environmental consequences and the need for mitigation. The
analyses will consider the whole action involved with the proposed project. In addition to the preparation or peer review of the IS/MND, Kimley-
Horn would prepare/review the Mitigation Monitoring and Reporting Program (MMRP), responses to comments, and noticing.
City of Newport Beach • EVC40RN6006533.2025 KimleyOHorn a 14
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Consistency, Compliance, and Substantial Conformity Analyses. Consistency Analyses is a CEQA Streamlining analysis evaluates the
potential environmental impacts of a project and determines whether the impacts are within the scope of impacts addressed in a prior CEQA
document. The analysis would be used by the City as evidence that subsequent CEQA documentation is not required.
Categorical Exemptions. Kimley-Hom would work with City staff to determine which State CEQA Guidelines exemption classification would
be appropriate for the project. Most typically, documentation is prepared to support a Section 15301: Class 1: Existing Facilities; Section
15302: Replacement or Reconstruction; Section 15302: Class 3: New Construction or Conversion of Small Structures; Section 15304, Class
4, Minor Alterations to Land; and Section 15332: Class 32, In -Fill Development Projects. Kimley-Hom has provided CEQA clearance for
numerous projects, including technical evaluations as required such as air quality, noise and vibration, and cultural and historical resources,
allowing cities to confirm no significant impacts and no exceptions to the Categorical Exemption
Sustainable Communities Project Exemption/Sustainable Communities Environmental Assessments. A Transit Priority Project
(fPP) that meets the qualifying conditions for a Sustainable Communities Project (SCP) qualifies for a full CEQA exemption. Kimley-Horn will
assist the City in documenting a project's compliance with CEQA Section 21155.1 subdivision (a), (6), and (c) to demonstrate that the project
meets the qualifying requirements for a Sustainable Communities Plan Exemption (SCPE) and qualifies for a full CEQA exemption. If the project
cannot be eligible as a SCPE, a Sustainable Communities Environmental Assessment (SCEA) may be used to analyze TPPs that have
incorporated all feasible mitigation measures, performance standards, or criteria outlined in prior applicable EIRs (PRC Section 21155.2).
CEQA Addendums. An addendum can be prepared to a previously certified EIR or adopted ISIMND. State CEQA Guidelines Section 15164
provides general guidance regarding addendums; however, it defers to CEQA Guidelines Section 15162 to determine whether circumstances
warrant the preparation of additional CEQA documentation, Pursuant to CEQA Guidelines Section 15162(a), additional CFQA documentation
beyond an addendum would only be required if the proposed project creates new significant impacts or impacts that are more severe than
those disclosed in previous CEQA document. This finding must consider factors such as changes in the scope of the proposed project relative
to the prior CEQA document; any changes in surrounding circumstances that have occurred since the Final EIR was certified or IS/MND was
adopted; and the discovery of new information that was not known at the time the EIR or ISiMND was prepared. The Addendum test is the
ability to provide substantial evidence showing that the proposed project would not create new significant adverse impacts or increase the
severity of a significant adverse impact identified in the previous CEQA document.
CEQA Guidelines Section 15183. CEQA Guidelines Section 15183 allows for a streamlined environmental review process for projects that
are consistent with the densities established by existing zoning, community plan or general plan policies for which an EIR was certified. Under
CEQA Guidelines Section 15183, a subsequent project is relieved from further environmental review if it meets the criteria of Section
15183(c): all significant impacts were either addressed in a prior EIR or can be substantially mitigated by the imposition of uniformly applied
development policies or standards. The analysis demonstrates and/or validates that there are no site -specific or cumulative impacts
associated with the project that have not already been fully addressed in a previous environmental document or cannot be substantially
mitigated through the application of uniformly applied standards and policies that would be applied to the project. All project requirements are
identified in the analysis and are made a condition of project approval.
NEPA Compliance
In addition to our extensive CEQA experience, Kimley-Hom has expertise locally and nationally providing comprehensive environmental
documentation services in support of NEPA review. Our staff has recent, relevant experience preparing Environmental Impact Statements
(FISs), Environmental Assessments (EAs), and Categorical Exclusions (CatExs), including the required technical studies, for a wide array of
project types including the development of housing, public service campuses (hospitals, educational facilities), infrastructure and public works
projects, and transit facilities. Federal agencies include the U.S. Department of Housing and Urban Development (HUD), U.S. Army Corps of
Engineers, FHWA, Federal Aviation Administration (FAA), Federal Transit Administration FA), Department of Defense (DOD), Environmental
Protection Agency (EPA), and others. Kimley-Horn understands the process and methodologies of the federal agencies the City is likely to
collaborate. We also understand where efficiencies can be achieved when a project is subject to CEOA and NEPA.
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STATEMENT OFQUALFFICATIONS FOR
RFC No. 25-31
Notices and Distribution of Documents; Staff Reports
Kimley-Hom can prepare all necessary CEQA notices, including Notices of Preparation, Notices of Availability, Notices of Completion, Notices
of Determination, and Notices of Exemption. We can be responsible for ail reproduction and distribution of documents as well as assisting the
City in posting documents to the Govemor's Office of Land Use and Climate Innovation via CEOAnet and delivery of notices to the County
Clerk -Recorder. We will also provide the environmental documents in a web -ready format for the City's use. Kimley-Horn can prepare public
hearing documents, including staff reports.
Public Meetings and Presentations
Whether it be Agency Meetings, Public Hearings, or Community Outreach, we can effectively facilitate public meetings and hearings on the
project and environmental process and technical analyses to inform responsible agencies and community stakeholders about a project's
purpose, and the evaluation of a project under CEQA process. Translation services can also be provided for both written materials and oral
presentations.
Project Schedule and Deliverables
At Kimley-Horn, we understand the importance of precise planning and efficient execution. For every project that arises from this on- call
contract, we will develop a comprehensive project schedule tailored to the unique needs and requirements of each endeavor. However, for the
interest of this proposal, we have included a few sample projects along with their projected timelines and deliverablos on the following page.
These examples are designed to provide a glimpse into our project management approach and our commitment to delivering exceptional client
service with high expectations. Each sample project showcases our capability to adhere to deadlines while maintaining the highest standards
of quality and integrity.
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Ift
Quality Assurance and Quality Control
Kimsey -Horn has an established company -wide Quality ControV4uaiity Assurance Program, Our QC/QA measures are built into our project
management processes, and they are part of our firm's culture. These measures include internal project quality controls, project peer reviews,
and continuous quality improvement (CO) initiatives.
Our internal QC/QA program includes a Erick -off meeting with our internal key team members to clearly define the scope, outline subtask
responsibilities, establish schedules, and identify project milestones and goals. At the project manager level, the quality review is continuous
so that deliverables meet your needs. At the end of each phase, a QCIQA review will be conducted internally (within the project team) or
through a peer review process as one of several checks to make sure that the project deliverable is not only technically correct, but also
consistent with the project objectives.
QC Review: Project processes, work plans,
documents, and deliverables are reviewed by
senior staff not necessarily involved with the project
on a day-to-day basis. This peer review is routine
for all projects, and it becomes a formal process
for larger projects. Kimley-Horn's formal QC/QA
program is based upon assigning experienced,
senior professionals who are otherwise qualified to
manage a similar project to serve in this
independent quality control role. The depth of our
firm allows us to provide such personnel, who
provide a fresh perspective and critical eye.
CQI Initiatives: Quality projects don't happen by
accident at Kimiey-Ham. Quality standards are a
major subject of each person's orientation, annual
review, and ongoing training program. QC/QA
means much more to us than a cursory review.
Along that line, we implemented a program years
ago called CQI. Each person in the company
endeavors to identify a formal CQf task every year;
each person's task is to involve clients and identify
improvements that will increase client benefit.
ACHIEVED
by adequate planning. coordination,
supervision, and technical direction.
proper definition of the project
requirements and procedures:
understanding the scope of services: and
the use of appropriately skilled personnel
perfarming work functions carefully
0
VERIFIED
through independent reviews by a
qualified staff member of the processes,
procedures, documentation, supervision,
technical direction, and staffing
associated w4h the project development
0
CONTROLLED
by assigning a manager to evaluate
all work and procedures followed
while provtdmg the services
ASSURED
through the careful surveillance of
work activities by individuals who are
not directly responsible for performing
the initial efforts
City of Newport Beach . EVCAORNG006533.2025 Kimley »Horn . 17
15-101
EXHIBIT B
SCHEDULE OF BILLING RATES
Kimley-Horn and Associates, Inc. Page B-1 15-102
Kimley»)Horn
Kimley-Horn and Associates, Inc.
Hourly Labor Rate Schedule
Classification
Rate
Analyst
$145 - $210
Professional
$195 - $275
Senior Professional 1
$255 - $340
Senior Professional II
$325 - $375
Senior Technical Support
$155 - $280
Support Staff
$110 - $150
Technical Support
$125 - $190
f5iCU1'N I_ h A U f
Other Direct Costs: Outside Printing/Reproduction, Delivery Services/LISPS, Misc. Field
Equipment/Supplies, and Travel Expenses will be billed at actual cost. Mileage will be billed
at the Federal Rate.
Sub -Consultants will be billed per the Contract.
15-103