HomeMy WebLinkAboutContracts & Agreements_75-2026AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of a Solar Feasibility Study ("Agreement") is made and
entered in this 2"d day of June, 2026 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and Cumming Management Group, Inc., a California corporation
("Consultant"). City and Consultant 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 I — ENGAGEMENT OF CONSULTANT
1.1. City hereby engages Consultant to provide a Solar Feasibility Study at city -owned facilities
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," which is attached hereto and incorporated herein by this
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, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1. City designates Sean Reilly, Development Services Director, 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. The term of this Agreement shall be for a period of twelve (12) months from the Effective
Date of this Agreement.
4.2. If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to 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.
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ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1. Total compensation for Consultant's performance of the Services shall not exceed the
amount of Ninety -Five Thousand Eight Hundred and Forty dollars ($95,840). City shall
pay Consultant on a time and materials basis up to the not to exceed amount in accordance
with Exhibit "13," titled ("Fee Schedule") which is attached hereto and incorporated herein
by reference.
5.2. Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month. Consultant's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to 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 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:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Christine Marez, Senior Vice President
Cumming Management Group, Inc.
350 S. Grand Avenue
Los Angeles, CA 90071
cmarez@cumming-group.com
Phone: (626) 688-4634
Fax: (213) 408-4665
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
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City that Consultant is self -insured or exempt from the workers' compensation laws of
the State of California.
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. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement 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.
E. 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 and appointed
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.
7.2. Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
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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
sane 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, result 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 any 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.
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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, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, 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 confinnation of this Agreement.
CITY OF REDLANDS CUMMING MANAGEMENT GROUP, INC.
By: By: 6fx�;ko��
Mario Saucedo, Nfayor Christine Marez, Senior ce President
ATTEST:
Je Donaldson, City Clerk
b
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EXHIBIT "A"
SCOPE OF SERVICES
Project Understanding
Consultant understands that the City seeks to assess the feasibility of implementing renewable
energy and battery storage systems across 24 city -owned facilities. The scope of this initiative
includes identifying optimal system locations to maximize energy production and enhance return
on investment through a balance of project costs and utility savings.
Under the current NEM 3.0 framework, energy storage plays a critical role in effective
self -generation. Accordingly, our analysis will rigorously evaluate storage solutions in conjunction
with solar generation capacity to enable peak load shifting and minimize overall utility
expenditures.
Leveraging decades of experience in delivering independent solar feasibility assessments,
Consultant's Energy Team will execute the tasks outlined herein to provide the City with the most
advantageous and cost-effective options.
Project Management and Day -to -Day Oversight
Consultant will provide comprehensive day-to-day management of the project in strict accordance
with the approved scope, schedule, and budget agreed upon with the city. All project activities will
be managed to reflect the operational standards and service quality expected.
Our project management approach emphasizes proactive coordination, accountability, and
transparency. The Project Manager will oversee all staff and resources, ensuring that deliverables
remain aligned with the approved budget and scope. At project initiation, we will facilitate a formal
project kickoff meeting to establish strategic alignment ensuring full agreement among all key
stakeholders regarding project objectives. Ongoing project controls will include weekly progress
meetings to keep city staff updated on progress and address any specific questions regarding the
project.
Specific technical project tasks and deliverables are described below.
Task 1. Assessment of Past, Current, and Projected Energy Usage
Consultant will conduct a detailed energy usage and cost assessment for each pre -identified City
facility. This includes:
• Review of 24-36 months of historical utility bills and interval data
• Analysis of current energy consumption patterns and demand charges
• Forecasting of future energy usage and utility costs with and without on -site renewable
energy generation
• Development of baseline load profiles for use in system sizing and financial modeling
Task 1 Deliverables
Comprehensive, site -specific energy baseline for all evaluated facilities
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Task 2. Site -Specific Evaluation of City Facilities
24 sites will be assessed for renewable energy and storage potential. Our preliminary assessment
of these sites is shown in Table 1 below. For each of these sites, Consultant will complete a
thorough analysis that evaluates:
• Structural suitability of rooftops for solar PV systems
• Feasibility of ground -mount or carport solar configurations
• Battery storage siting constraints and electrical room capacity
• Shading analysis, available area, and interconnection pathways
• Approximate system sizing and layout concepts
• Estimated annual and lifetime renewable energy generation
• Compatibility of system operation with ongoing site functions
Task 2 Deliverables
Facility feasibility matrix summarizing opportunities, constraints, and projected system
performance
Table l: Initial Solar Potential Assessment
PotentialInitial
Parking
Initial
Location Category
Potential
Energy/Demand
Canopy
Rooftop
Priority
Limitations
Potential
Potential
Assessment
Animal Shelter
Community
NIA
Limited
Limited
Limited
Low
Bldg
Brookside Park
Park
NIA
Limited
Moderate
N/A
Low
Citrus Center
Office
Mixed
Moderate
NIA
N/A
Low
Tenant Bldg
Contemporary
Community
NIA
Moderate
Moderate
None
Medium
Club
Bldg
Coyazo Park
Park
NIA
Limited
None
None
Low
Crafton Park
Park
NIA
Limited
Limited
None
Low
Eddie and Gloria
Community
Flores Senior
High
High
Moderate
High
BldgNIA
Center
Facilities and
Shared Site
Maintenance
Facilities
with Fire and
Moderate
High
Moderate
Moderate
Yard
Police
Fire Station 261
Fire
Congested
None
Limited
Low
ParcelModerate
Fire Station 262
Fire
Congested
Moderate
None
Limited
Low
Parcel
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Initial Potential Assessment
Potential
Energy/Demand
Parking
Initial
Location
Category
Limitations
Potential
Canopy
Rooftop
Priority
Potential
Assessment
Fire Station 263
Fire
Congested
Moderate
Limited
Limited
Low
Parcel
Same
Fire Station 264
Fire
Address as
NIA
N/A
NIA
NIA
M&O
Ford Park
Park
NIA
Limited
High
None
Moderate
Heritage Park
Park
NIA
None
Limited
None
Low
Horace Hinkley
Water Treatment
Industrial
Damage/Dust
High
Limited
High
Moderate
Plant
Joslyn Senior
Community
Congested
Moderate
Moderate
Moderate
Moderate
Center
Bldg
Parcel
Martinez Park
Park
NIA
Limited
High
None
Moderate
Museum of
Community
NIA
High
Moderate
Moderate
High
Redlands
Bldg
Security
Polic Department
Police
Access for
High
High
High
High
Admin Building
Maint
Same
Police Station
Police
Address as
NIA
NIA
NIA
NIA
M&O
Redlands
Airport
Solar Module
Limited
None
None
Low
Municipal Airport
Glare
Adjacent to
Sports Park
Park
Airport /
Limited
High
None
High
Glare
City of Redlands
Industrial
Damage/Dust
High
Limited
Moderate
Moderate
Landfill
Same
City of Redlands
Industrial
Address as
NIA
NIA
NIA
NIA
WWTP
Landfill
Task 3. Financial Feasibility and Cost -Benefit Analysis
Consultant will conduct a full financial assessment to determine the lifecycle costs, benefits, and
economic value of solar and storage deployment across evaluated City facilities.
• Market -Based Cost Estimate. Prepare an analysis of the expected project costs based on
optimized design scenario including O&M costs, and long-term equipment replacement
expenses.
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Financial Modeling and Proforma Development. Consultant will develop detailed
cost/benefit analyses for each viable system, including:
o Capital cost estimates and lifecycle cost modeling
o Cash flow analysis for ownership and financing structures
o Scenario modeling for solar -only and solar -plus -storage
o Energy cost savings projections under current SCE rate schedules
o Sensitivity analysis for changes in utility escalation, system output, or incentives
Energy Cost Savings Projections. Financial modeling will include:
o Baseline utility cost forecast
o Post-solar/battery savings scenarios
o Demand reduction modeling (if applicable)
o Analysis of bill impacts under SCE's evolving rate environment
Incentives, Credits, and Funding Opportunities. Consultant will evaluate the following
federal, state, and local incentive opportunities and integrate into financial models:
o Federal Investment Tax Credit (ITC) and municipal direct -pay provisions
o Federal and state grant programs
o California energy storage and resiliency incentives
o Expected future programs or market developments
Task Deliverables
Recommended configurations for maximizing City savings
Site -specific cost/benefit analyses ranked according to financial performance
Task 4. Regulatory, Policy, and Market Trend Review
Consultant will evaluate applicable regulatory requirements and industry trends that may impact
the City's renewable energy program.
Review of Current &c Anticipated Laws and Regulations
Analysis will include:
• Current and proposed SCE tariffs, NEM 3.0, and DER policies
• CPUC regulatory proceedings and General Rate Case implications
• Federal and state renewable energy mandates and legislative updates
• Local permitting and fire code requirements impacting system design
Technology and Market Trend Assessment
Consultant will review:
• Solar and battery storage cost trends and efficiency improvements
• EV charging integration approaches
• Long -duration storage, microgrid preparedness, and resiliency strategies
• Anticipated market developments that may benefit future City projects
Utility Rate Escalation Analysis
Using data from FEMP, EIA, CPUC, and SCE filings, Consultant will:
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Validate reasonable escalation assumptions
Identify inflated vendor escalation assumptions that may create misleading ROI projections
Provide data -supported escalation ranges for long-term modeling
Task Deliverables
• Overview of potential regulatory, legal and technical impacts that could impact
project feasibility.
Task 5. Procurement & Implementation Pathway Analysis
Consultant will evaluate procurement and implementation strategies best suited to the City's needs.
This includes:
• Traditional design —bid —build
• CPC procurement
• Lease and Power Purchase Agreement (PPA) options
• Hybrid financing or ownership models
• Phased or multi -stage implementation approaches
• Risk, schedule, and financial implications of each pathway
Task Deliverables
• A recommended procurement strategy based on City priorities
Task G. Comprehensive Solar Feasibility Report
Consultant will prepare a final report summarizing all findings from Tasks I through 5, including:
• Detailed site -specific analyses
• System sizing and production estimates
• Financial modeling results
• Regulatory and technology assessments
• Incentive summaries and procurement recommendations
Draft reports will be submitted to the City for review and comment, and final reports will be issued
following incorporation of feedback. All reports will undergo Consultant's formal QA/QC review
process prior to submission, ensuring data accuracy, internal consistency and defensible
assumptions. The QA/QC process includes independent senior -level technical review, cross -site
consistency checks to ensure comparable systems are evaluated using standardized assumptions,
and editorial review to confirm that narrative is clear, concise, and suitable for both internal and
external audiences.
Task Deliverables
• Draft Feasibility Report
• Final Feasibility Report
Project Closeout & Acceptance
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Upon delivery of the final report, Consultant will conduct a final project review with City
leadership to:
• Present findings and recommended next steps
• Confirm all objectives have been met
• Document lessons learned and future planning considerations
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EXHIBIT "B"
FEE SCHEDULE
Consultant proposes the project cost presented in the table below, not to exceed $95,840.00. Team
member costs as presented are fully burdened rates, inclusive of material, travel, and overheads.
Consultant recommends a fixed -fee progress -payment cost structure.
Team Member
Christine Marez
.o
Sr. Vice President (Account Manager)
$300
Paul Kyllo
Energy Project Director
$250
Brian Mauleon
Senior Energy Engineer
$225
Kristal Estrella
Energy Analyst
$160
John Ballistreri
Sr. Cost Manager
$195
PROPOSED FEE
Task No. Task Name
Hours
Total Fee
Weight
I
Assessment of Past, Current, Projected Usage
68
$13,420
14%
2
Site Specific Evaluation of City Facilities
32
$6,360
7%
3
Financial Feasibility and Cost -Benefit
Analysis
224
$42,700
45%
4
Regulatory, Policy and Market Trend Review
24
$5,700
6%
5
Procurement & Implementation Pathway
Analysis
56
$10,720
11 %
6
Comprehensive Solar Feasibility Report
84
$16,940
18%
Total Fee
488
$95,840
100%
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