HomeMy WebLinkAboutContracts & Agreements_233A-2021AGREEMENT FOR THE PROVISION OF PROFESSIONAL
ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT
This agreement for the provision of professional environmental consulting services
("Agreement") is made and entered into this 13th day of December, 2021 ( "Effective Date"), by
and between the City of Redlands, a municipal corporation ("City") and Kimley-Horn
("Consultant"), who are sometimes individually referred to herein as a "Party" and, together, as
the "Parties." In consideration of the mutual promises contained herein, City and Consultant
agree as follows
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1 1 City hereby engages Consultant to provide professional environmental consulting
services for City (the "Services")
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," including a project schedule, which is attached hereto
and incorporated herein by reference
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, State prevailing wage
laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services
3.2 City designates Brian Desatnik, City's Development Services Director, or his designee,
as City's representative with respect to performance of the Services, and such person
shall have the authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Consultant shall perform and complete the Services in accordance with the project
schedule. The Services shall commence -on the Effective Date of this Agreement and be
completed on or before June 30, 2022.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same It shall be the obligation of Consultant to
obtain a copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5 1 If the Initial Study ("IS") prepared by Consultant concludes that a Mitigated Negative
Declaration ("MND") should be prepared, the total compensation for Consultant's
performance of the Services for such MND shall not exceed the amount sixty five
thousand four hundred eleven dollars ($65,411) For the preparation of any other
environmental documents deemed appropriate or necessary by the IS, City shall pay
Consultant on a time and materials basis, up to the not to exceed amount, in accordance
with the rates set forth in Exhibit "B," titled "Project Costs and Hourly Rates," which is
attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit an invoice to City describing the Services performed, the dates
the Services were performed, and the number of hours spent and by whom, upon
completion of the Services. City shall pay Consultant no later than thirty (30) days after
receipt and approval by City of Consultant's invoice
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person, (ii) five (5) days after deposit in first class certified, registered or
express mail, with return receipt requested, (iii) on the actual delivery date if deposited
with an overnight courier, or (iv) on the date sent by facsimile or electronic mail
transmission (including PDF), if confirmed with a copy sent contemporaneously by first
class, certified, registered or express mail, in each case properly posted and fully prepaid
to the appropriate address set forth below, or such other address as a Party may provide
notice in accordance with this section.
CITY.
Brian Desatnik, Director
Development Service Department
35 Cajon Street, Ste 20
P 0 Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
(909) 798-7555
CONSULTANT.
Chad Phillips, Senior Associate
Kimley-Horn
1100 W Town & Country Road, Suite 700
Orange, CA 92868
chad.phillips@kimley-horn.com
(714) 705-1330
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and endorsements
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evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws
of the State of California. Consultant shall execute and provide City with Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to performance of the Services
B Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
D Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor
6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
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7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8 3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Consultant
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shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement
CITY OF REDLANDS
Charles M Duggan, Jr ,
City Manager
Attest
nne Donaldson, City Clerk
Chad Phillips, Senior Associate
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EXHIBIT "A"
SCOPE OF SERVICES
All tasks below will be billed on a time and materials basis
Task 1. Mobilization
The Kimley-Horn environmental team will review available Project information, plans and
studies, as well as other available relevant information. Kimley-Horn will confirm the overall
approach and schedule with the City Kimley-Horn will conduct a site visit to review existing
conditions on the properties and surrounding environment. This task also assumes attendance at a
kickoff meeting with City staff and the applicant. This task assumes 26 hours total of staff time
Task 2. Prepare Project Description
The Kimley-Horn environmental team will use information obtained in Task 1 and work closely
with City staff to prepare a draft Project Description for the California Environmental Quality
Act (CEQA) document. The Project Description will be prepared to the level of detail required
by the City for the entitlement approvals being sought. The draft Project Description will be sent
to the City for review and will be used as the basis for the IS Checklist, MND, and related
technical studies This task assumes a total of 9 hours of staff time
Task 3 Complete CEQA Technical Studies
Kimley-Horn will prepare and/or peer review the following technical studies to support the
IS/MND prepared for the Project. Kimley-Horn will also utilize, to the extent practical, available
reference documents and prior CEQA documents, including the City's General Plan
Environmental Impact Report (EIR) For each technical study, this proposal allows for two
rounds of staff review, assuming that for all submittal reviews staff comments are consolidated
into one comment set, and subsequent comments focus on the adequacy of addressing prior
comments and do not raise new issues Each round of City staff review would be two weeks in
length.
A) CEQA LEVEL ADEQUACY PEER REVIEW- Kimley-Horn will peer review the
following technical studies prepared by the applicant:
• Biological Resources Assessment
• Noise Assessment
• Geotechnical Study
• Air Quality Study
• Greenhouse Gas Study
• Health Risk Assessment
• Energy Assessment
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The Reports will be peer -reviewed for accuracy as well as compliance with CEQA Threshold
requirements No memorandums are expected to be prepared for this CEQA level review, unless
major issues are identified during the CEQA level review
A) Cultural Resources Assessment - Kimley-Horn has retained the services of BCR
Consulting, LLC (BCR) to conduct a Cultural Resources Assessment for the proposed
Proj ect.
Sub -Task 1 - Research
The records search for cultural resources (archaeological and historical) will be conducted
through the South Central Coastal Information Center (SCCIC) at California State
University, Fullerton. This research will characterize the status and extent of previous
cultural resource studies completed in the project area (including a 1/2 mile radius), and will
review the status of any local historical resources.
Sub -Task 2 - Field Survey
BCR Consulting field staff will perform a pedestrian cultural resources survey of the project
site. Professional archaeologists will walk a parallel transects at 15-meter intervals across
100 percent of the accessible project site All soil exposures will be carefully inspected for
evidence of cultural resources. This fieldwork will be completed under the supervision of a
cultural resource professional that meets the United States Secretary of the Interior's
Professional Qualifications Standards for Architectural History, and for Archaeology The
goal of this task will be to identify any cultural resources within the development portion of
the project site, and to produce or update the necessary site records. For the purposes of this
proposal, a maximum of four minor archaeological resources are anticipated.
Sub -Task 3 - Report
A cultural resources report will be produced consistent with CEQA requirements, in a format
acceptable to the City The report will include a project description, cultural setting, methods,
results, and recommendations sections. Relevant maps and photographs will be included and
Department of Park and Recreation (DPR) 523 forms will be appended as necessary
Sub -Task 4 - Paleontological Overview
BCR Consulting will initiate a paleontological overview for the project with the Western
Science Center for the project. This overview will review previous paleontological resource
studies completed in the area to assess potential for the project to impact any important
fossils, and to make necessary recommendations for any preservation or mitigation efforts
The resulting report will be appended to the cultural resources report.
Sub -Task 5 — Native American Heritage Commission Sacred Lands File Search
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During this task BCR Consulting will contact the Native American Heritage Commission
(NAHC) to request a Sacred Lands File (SLF) Search. Results of the SLF Search will be
appended to the report. The City will perform Assembly Bill (AB) 52 Consultation with the
appropriate tribes If requested to participate, BCR Consulting will be available to discuss
any tribal concerns during one conference call.
Task 4. Prepare Administrative Draft IS/MND
Once the Project Description has been approved by the City, it will be integrated into the CEQA
IS A draft MND, if appropriate, will be prepared in accordance with the recently adopted CEQA
Guidelines for the Implementation of the California Environmental Quality Act of 1970, as
amended, as well as the City CEQA guidelines.
Environmental resources anticipated to be addressed in the preliminary draft IS/MIND include
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
Kimley-Horn will prepare a Preliminary Draft IS/MND for City review and comment.
Kimley-Horn will incorporate one set of consolidated City comments and prepare a final "check
copy" of the Draft IS/MND for City approval for publication. This proposal allows for two
rounds of staff review, assuming that for all submittal reviews, staff comments are consolidated
into one comment set, and subsequent comments focus on the adequacy of addressing prior
comments and do not raise new issues This task assumes 120 hours of staff time to research,
draft, review/edit, prepare the exhibits, respond to one consolidated set of City comments,
format, and finalize the Administrative Draft IS/MND
Task 5. Distribute Draft IS/MND
Upon approval by the City, Kimley-Horn will assist the City with preparing the Notice of Intent
(NOI) to Adopt a Mitigated Negative Declaration with the County Clerk and State Clearinghouse
in accordance with CEQA. This task assumes that, following receipt of initial MND comments,
no further substantive comments or corrections are required to be incorporated into the MND A
Notice of Completion will be prepared as required for this filing. Kimley-Horn will prepare a
Mitigation Monitoring and Reporting Plan (MMRP) as part of this task.
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Kimley-Horn will prepare the Notice of Intent (NOI) for the proposed Project. This task assumes
the City will be responsible for noticing residents within a 300' radius, posting at the newspaper,
posting all notices on the City's website, and posting for all relevant hearings. Kimley-Horn will
distribute all noticing and posting of the NOI and project related notices at the County Clerk and
State Clearinghouse, as well as distribution for agencies Kitnley-Horn will provide up to 4 hard
copies of the IS/MND, with technical studies and modeling output/database searches on flash
drives. Kimley-Horn will provide a PDF version of the IS/MND to the City for posting on its
website. This task assumes 40 hours of staff time.
Task 6. Prepare Final IS/MND
On behalf of the City, the Kimley-Horn environmental team will prepare responses to written
comments received during the public review period of the Draft IS/MND Draft responses will
be submitted to the City for review and approval. Responses will be incorporated into the Final
IS/MND, which will be compiled to reflect any changes to the document that may have resulted
from comments. The Final IS/MND will be submitted to the City for review and consideration
by the Planning Commission for adoption of the MND and Project approval Kimley-Horn
assumes that the Final IS/MND will consist of the Draft IS/MND along with a Comments and
Responses supplement.
If the Planning Commission adopts the MND and approves the Project, Kimley-Horn will
prepare a Notice of Determination (NOD) and submit it to the City for subsequent submittal to
the County Clerk. This scope of work assumes the City will pay all posting fees associated with
the NOD This task assumes 40 hours of staff time
Task 7 Public Hearing/Meetings
If desired by the City, Kimley-Horn will attend up to one public hearing/meeting to assist the
Planning Commission and City Council with Project questions and answers during the open
forum portion of each hearing/meeting. This task assumes 7 hours of staff time total for hearing
preparation/coordination and hearing attendance for one hearing.
Task 8. Project Management and Meetings
The Kimley-Horn team will be led by Mr Kevin Thomas, CEP, ENV SP Kevin has more than
30 years of experience in CEQA/NEPA compliance Kevin will personally review the CEQA
documentation and related analyses for compliance with CEQA. Additionally, Ms. Kari Cano
will act as a Project Manager to Kevin Thomas Kari has 16 years of CEQA/NEPA experience
working with various cities in the Inland Empire, including multiple projects in the City of
Redlands. This task will be billed on a time and materials basis with an initial estimate, as
identified in the Fee Estimate below This task assumes 40 hours total of project management
and meeting time
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EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
Kimley-Horn will perform the Tasks in the table below on a T&M basis. Kimley-Horn will not
exceed the total maximum labor fee shown without authorization from the Client.
Kimley-Horn reserves the right to reallocate amounts among staff, as necessary
*
**
Attendance at public hearings/meetings by subject matter experts for the technical studies is not included
as part of the scope of work of fee estimates.
Fees associated with posting the NOD (including County fees and CDFW fees) are not included in the Fee
Estimate. KHA assumes this will be paid directly by the City
TASK
Senior
Professional
Professional
Analyst
Support
Staff
Total
Hours
Sub-
Consultants
Total
Cost
$260
$205
$118
$96
TASK 1
Mobilization
6
14
6
26
$5,138
TASK 2 Prepare
Project
Description
4
5
9
$2,065
TASK 3
Technical Studies
3 (A) CEQA
Level Peer Review
of Technical
Studies
30
30
$6,150
3 (B) Cultural
Resources
Assessment
$6,500
$6,500
TASK 4
Preparation of
Administrative
Draft IS/MND
12
59
40
9
120
$20,799
TASK 5
Distribute Draft
IS/MND
6
11
14
9
40
$6,331
TASK 6 Prepare
Final IS/MND
12
13
4
1
30
$6,353
TASK 7 Public
Hearings
7
7
$1,435
TASK 8 Project
Management
8
32
40
$8,640
Total Hours
40
139
64
19
262
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Professional
Labor Costs
$10,400
$28,495
$7,552
$1,824
$63,411
Deliverables/
Reimbursables
(includes all
mailing and
noticing)
$2,000
TOTAL COSTS
$65,411
Optional Task.
5
Additional
Meeting/Hearing
Attendance
$1,025
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
1®/I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
Date 12/1U/202.)
Chad Phillips
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