HomeMy WebLinkAboutC-9975-2 - On-Call PSA for On-Call Professional and Technical Environmental ServicesON -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, 2025 ("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:
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;
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 00/100 ($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 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.
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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, 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
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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.
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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: 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.
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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.
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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]
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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: 6r/1 p/ZS
AT
Dal
A on C. Harp
Ci y Attorney
Interim City Clerk
CITY OF NEWPORT BEACH,
a California u icipal corporation
Date: 13 2
By: — V
Joe tapleton
Ma r
CONSULTANT: PLACEWORKS, INC., a
California corporation
Date:
By:
�G�
R n al W. Jack on
President
Date:
By:taN.a ��Ka-9
Kara`. Kosel (
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
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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.
.d4
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 ensuring
legal defensibility. If no exclusions or exemptions apply, our next step is
to determine whether an individual orjoint 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
Approach/Understanding of Services
• 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
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 all 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 guidelines 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 applicable
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
erstanding of Services
Statement of Qualifications • PlaceWorks 47
Approach/Understanding of Services
* A 4
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
EXHIBIT B
SCHEDULE OF BILLING RATES
PlaceWorks, Inc. Page B-1
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 Std FeeSch 01 16 202S
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 8%:" x 11" paper
Color Copies, Scans & Prints
$0.80
per side of 8%" 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
$25.00
each microphone/project/day
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
iPad 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 9 Central Coast • Los Angeles • Inland Empire
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
PlaceWorks, Inc. Page C-1
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
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
PlaceWorks, Inc. Page C-3
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.
PlaceWorks, Inc. Page C-4
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