HomeMy WebLinkAbout7836RESOLUTION NO 7836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ESTABLISHING PROCEDURES FOR THE PROCUREMENT OF PROFESSIONAL
ENVIRONMENTAL CONSULTING SERVICES AGREEMENTS, AND THIRD -PARTY
FUNDING AGREEMENTS, ASSOCIATED WITH THE CITY'S REVIEW OF PRIVATE
PROJECTS AND AUTHORIZING THE CITY MANAGER TO APPROVE THE SAME
WHEREAS, the City is legally obligated by State and federal law to undertake
environmental review for private projects which may have an effect upon the environment, and
WHEREAS, the City customarily enters into agreements for the provision of professional
environmental consulting services for such private projects, the costs for the same which are
funded by the private persons and entities proposing such private projects, and
WHEREAS, Chapter 2 16 of the Redlands Municipal Code, in part, establishes
competitive procurement regulations governing the City's solicitation and approval of
agreements relating to the procurement of, and expenditure of City funds for, professional
services, and
WHEREAS, because no City funds are expended for professional environmental services
agreements procured for private projects, and the City serves as a simple "pass through agent"
for the funding of such agreements, City staff has recommended that this City Council determine
such agreements need not be subjected to the detailed regulations of Chapter 2 16 of the
Redlands Municipal Code; and
WHEREAS, City staff has previously undertaken a competitive, written, evaluation of
the qualifications and billing rates of several professional environmental consulting firms and
established a list of those firms which have the necessary expertise, and professional
qualifications, to provide environmental consulting services to the City for private projects at
reasonable costs, and
WHEREAS, in consultation with the City Manager, the Finance Director, and the City
Attorney, City staff will annually review its list of qualified professional environmental services
consulting firms to ensure that the City Council's policy and goals established by this resolution
are attained, and
WHEREAS, this City staff has further recommended that the City Manager be delegated
the authority to approve and execute professional environmental consulting services agreements,
and associated funding agreements, provided they are in a form substantially consistent with this
resolution and its provisions, and
WHEREAS, the City Council finds, to increase efficiency and to expedite the process of
the procurement and approval of professional services agreements associated with the
environmental review of private projects, it in the best interests of the City's residents, and the
A-1
I. Resolutions dtcs 7800.7899\7836 CM to Approve Environmental Agrcetncnts.doc1: ea -Re public 11nprooemen eements c4rte.
business and development communities, to implement City staffs recommendations and adopt
this resolution,
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as
follows
Section 1 The City Council of the City of Redlands hereby authorizes the City Manager
to approve professional environmental consulting services agreements for private projects, and
associated funding agreements for the same, provided such agreements are substantially in the
forms attached hereto as Exhibits "A" and `B," respectively
Section 2 The forms of the agreements attached hereto as Exhibits "A" and `B" may be
amended from time to time by City staff, with the consent of the City Attorney and without
further City Council action, to conform with new law and to reflect the best practices of the
professional environmental consulting industry If such forms are subsequently amended, notice
of the same shall be provided to the City Council and the City Clerk, and the City Clerk shall
substitute the amended forms for those then attached to this resolution
Section 3 The City Council hereby approves of the list, which is attached hereto as
Exhibit "C," of qualified professional environmental consultants that have been evaluated
competitively by City staff for the preparation of environmental documents associated with the
consideration of private projects City staff may negotiate and enter mto contracts with any
consultant identified on such list without further action of this City Council and without
subjecting such contracts to the detailed regulations of Chapter 2 16 of the Redlands inumcipal
Code Consultants may be added to such hst followmg the same competitive selection process
used by City staff for the initial preparation of the list In the event any consultant is
subsequently added to, or deleted from the list, an amended Exhibit "C" shall be prepared and
provided to the City Council and the City Clerk, and the City Clerk shall substitute such new
Exhibit for the then existmg Exhibit "C" attached to this resolution
ADOPTED, SIGNED AND APPROVED THIS 1s` DAY OF MAY 2018
aul W Foster, Mayor
ATTEST
quik
ftnne Donaldson, City Clerk
A-2
1.''•Resolutions •Res 7800 7899\7836 C Nt to Approve Environmental Ap_reements.docl'•.cal2c36'7 2'! Public lmprovcrn nt Ag cim nts.doc
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular ineetmg thereof held on the 1st day
of May 2018, by the following vote
AYES Councilmembers Harrison, Tejeda, Momberger, Mayor Foster
NOES None
ABSENT Mayor Pro Tempore Barich
ABSTAIN None
e Donaldson, City Clerk
A-3
I \Resolutions\Res 7800 7899\7836 CM to Approve Environmental Agreernents.doc
EXHIBIT "A"
FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL REVIEW
SERVICES FOR A PRIVATE PROJECT
This funding agreement for professional environmental review services ("Agreement") is
made and entered into this [Date] day of [Month], 201[X] ("Effective Date"), by and between the
City of Redlands, a municipal corporation (hereinafter "City") and [Applicant], a [California
corporation, limited partnership, limited liability corp , etc] (hereinafter "Applicant") City and
Applicant are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, Applicant has filed an application with City for a proposed [Description of
project] (the "Project") located [written location] which requires environmental review pursuant
to the California Environmental Quality Act ("CEQA"), and
WHEREAS, City, as Lead Agency, has determined that an Initial Study (the "IS") for the
Project will be required pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, and
WHEREAS, the IS will be prepared by a consultant approved by and under contract to
City; and
WHEREAS, by executing this Agreement, Applicant expressly agrees to advance payment
for all costs and expenses the City incurs in the preparation of the IS related to Applicant's Project
and for any associated investigations, environmental studies, and documents permitted or required
by CEQA or other federal or state law in connection with the processing of Applicant's Project
(collectively, the "Environmental Documents"),
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and [Applicant] agree as follows
AGREEMENT
Section 1. Funding Obligation. Within ten (10) days of the date of written request of City,
Applicant shall deposit the sum of [written dollar amount] dollars ($XXXX) (the "Deposit") with
City to engage a professional consultant who will commence work on the Environmental
Documents. The present estimated cost of the Environmental Documents is estimated to be
[written dollar amount] ($XXXX) Applicant acknowledges that Applicant is obligated by this
Agreement to pay to City the full, actual cost for the preparation of the Environmental Documents,
as deemed reasonable or necessary by City, to ensure the legal sufficiency of the Environmental
Documents. The Deposit will be applied towards the actual total cost of the Environmental
Documents. Applicant shall thereafter make payments to City for the balance of City's costs for
preparation of the Environmental Documents within ten (10) days of the date City submits written
invoices to Applicant.
Section 2 Compliance Required. Applicant acknowledges that City may require
Applicant to make additional payments, supply data and information to deterrnine whether
Applicant's Project may have a significant effect on the environment, and to assist City and the
consultant in preparing. the environment documents. Applicant shall promptly comply with all
such requests by City
Section 3. Failure to Comply If, at any time, Applicant unreasonably delays in
advancing monies as requested by City, paying any invoice from City when due, or failing to
provide City with information or data requested pursuant to Section 2 hereof, such unreasonable
delay shall suspend the running of the time periods described in State CEQA Guidelines sections
15107 and 15108 for the period of such unreasonable delay Alternatively, Applicant
acknowledges and agrees that City may, without liability to Applicant, disapprove the Project for
Applicant's delay in satisfying City's requirements.
Section 4 Notices. 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 registered marl,
with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier;
or (iv) on the date sent by facsimile, 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
City Clerk
City of Redlands
35 Cajon Street,
P 0 Box 3005 (mailing)
Redlands, CA 92373
Applicant
[Applicant's Name, Title]
[Company's Name]
[Address]
Section 5. Attorneys' Fees. 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 costs and
any other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for use of
in-house counsel by a Party
Section 6. Entire Agreement/Amendment. This Agreement represents the entire
agreement and understanding between the Parties as to the matters contained herein, and any prior
negotiations, proposals or verbal agreements are superseded by this Agreement. Any amendment
to this Agreement shall be in writing, approved by the City Council of City and signed by City and
Applicant.
Section 7. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California.
Section 8 Defense and Indemnity Applicant shall defend, indemnify and hold harmless
City, and its elected officials, officers, employees and agents, from and against any and all actions,
claims, demands, lawsuits, losses and liability for damages to persons or property, including costs
and attorneys' fees, that may be asserted or claimed by any person, firm, entity, corporation,
political subdivision or other organization arising out of or in connection with City's processing
and approval or denial of Applicant's Project and the Environmental Documents.
Section 9. No Third Party Beneficiary. Applicant expressly acknowledges and agrees that
City's contract with the consultant to prepare the Environmental Documents for Applicant's Project
is for the benefit of the public and undertaken in compliance with City's obligations under CEQA,
and is not for the benefit of Applicant.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date of this Agreement.
CITY OF REDLANDS
By
Paul W Foster, Mayor
Attest
Jeanne Donaldson, City Clerk
[Applicant]
By
[Naive, Title]
EXHIBIT "B"
AGREEMENT FOR THE PROVISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE
PROJECT
This agreement for the provision of professional environmental consulting services (this
"Agreement") is made and entered into this [Date] day of [Month], 201 [ ] (the "Effective Date"),
by and between the City of Redlands, a municipal corporation (hereafter "City") and [Consulting
Firm] (hereafter "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,"
entitled "Scope of Services," 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 , City's Development Services Director, or his or her 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 a prompt and diligent manner The
Services shall commence on the Effective Date of this Agreement and be completed on or
before , 20XX.
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 The total compensation for Consultant's performance of the Services shall not exceed the
amount ($XXXX) City shall pay Consultant on a time and materials basis
up to the not to exceed amount, in accordance with Exhibit "B" entitled "Project Costs and
Hourly Rates." Exhibit `B" 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 registered 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, 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: Consultant.
City Clerk [Consultant's Name, Title]
City of Redlands [Company's Name]
35 Cajon Street, Suite 200 [Address]
P 0 Box 3005 (mailing)
Redlands, CA 92373
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 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"
entitled "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 Milhon 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 Professional Liability insurance in the amount of One Million Dollars ($1,000,000) per
claim made
D 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
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, mcludmg
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.
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 terns 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 terns and conditions of this Agreement.
8 3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole risk.
8 4 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 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 5 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 tenninated 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 6 Consultant shall maintam 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 7 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 8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8 9 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 reramder 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.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS [Consulting Firm]
Paul W Foster, Mayor [Name, Title]
Attest
Jeanne Donaldson, City Clerk
EXHIBIT "A"
SCOPE OF SERVICES
EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation m 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
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 tunes, 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.
Name of Company Date
By
Name
EXHIBIT "C"
Environmental Consultants
Firm
Address
Environment Planning Development Solutions,
Inc (dba EPD Solutions)
2030 Main Street
Suite 1200
Irvine, CA 92614
FirstCarbon Solutions
650 East Hospitality Lane
Suite 125
San Bernardino, CA 92408
Kimley-Horn and Associates, Inc.
517 Fourth Avenue
Suite 301
San Diego, CA 92101
Liliburn Corporation
1905 Business Center Drive
San Bernardino, CA 92408
LSA Associates, Inc
1500 Iowa Avenue
Suite 200
Riverside, CA 92507
Michael Baker International
3536 Concours Street
Suite 100
Ontario, CA 91764
EXHIBIT "C"
Environmental Consultants
Firm
Address
Environment Planning Development
Solutions, Inc (dba EPD Solutions)
2030 Main Street
Suite 1200
Irvine, CA 92614
Firstcarbon Solutions
650 East Hospitality Lane
Suite 125
San Bernardino, CA 92408
Kimley-Horn and Associates, Inc
517 Fourth Avenue
Suite 301
San Diego, CA 92101
Liliburn Corporation
1905 Business Center Drive
San Bernardino, CA 92408
LSA Associates, Inc.
1500 Iowa Avenue
Suite 200
Riverside, CA 92507
PlaceWorks, Inc
3 McArthur Place
Suite 1100
Santa Ana, CA 92707