Moreno Valley City Council
February 21, 2023

The City requires property owners of new development projects to mitigate the cost of certain impacts created by the proposed development s (e.g., the cost of operation and maintenance of public street lighting, landscape, and/or streets and drainage ). The City created CFD No. 2014 -01 to provide the development community with a funding mechanism to assist in satisfying the requirement. After a prope rty owner elects to annex their property into the District and the City Council approves the annexation, a special tax can be levied on the annual property tax bill of the annexed parcel s to fund the cost to provide the services.

The Property Owner s, as defined below, have elected to annex the parcel s of their project into the District to satisfy the condition. The Property Owner s submitted a Landowner Petition approving the annexation and the City Clerk confirmed the Petition is valid.

DISCUSSION

As a condition of approval for the development projects identified below, the Property Owners are required to provide an ongoing funding source for certain public services (i.e., the operation and maintenance services of public street lighting, landscape, and/or streets and drainage ), which are required to be installed as part of the development project. The table below provides information for the properties under development.

Property Owners
Project
ACP Record #
Amendment No. APNs Location
D.R. Horton Los Angeles
Holding Company, Inc., Inc.

TTM 38123, 177 SF Homes
PEN21-0136/SCP22-0098
74 487-470-028
487-470-036
487-574-001
487-574-002
Northeast corner of Alessandro
Blvd. and Lasselle St.

Hakan Buvan
TTM 37462, 8 SF Homes
PEN18-0080/SCP22-0100
75 478-090-030
478-090-031
Northeast corner of Moreno
Beach Dr. and Cactus Ave., on
Bradshaw Cir.

The City Council formed CFD No. 2014-01 (Maintenance Services) to provide an alternative funding tool for the development community. It provides a mechanism to fund the operation and maintenance of public street lighting services, landscaping, and streets and drainage . After a landowner approves annexation of their property into the District and the City Council approves the annexation, the City is authorized to levy a special tax onto the annual property tax bill to fund the services related to or impacted by their development.

The Third Amended and Restated Rate and Method of Apportionment of Special Tax (“RMA”) for the District describes the different special tax rate areas, services provided, and formula to calculate the special tax rate for each of the tax rate areas. Several special tax rate areas were created to accommodate a variety of scenarios to ensure costs are fairly shared between property owners. For ex ample, there is a tax rate area for “single-family residential street lighting” and one for “street lighting for property other A.13
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than single -family residential” (e.g., commercial, industrial, or multi -family projects).

Different tax rate areas are needed for street lighting because the spacing and size/type of lights differ based on the type of development. Likewise, there are several tax rate areas for maintenance of public landscaping (i.e. medians, parkways, and/or traffic circles). A property owner’s pro portionate share of landscape maintenance costs will vary depending upon the total square footage of landscaping to be maintained and the number of properties sharing in the cost for that development. There is also a tax rate area for streets and drainage within single -family residential projects, which is calculated based on each parcel’s proportionate share of the improvements.

On April 20, 2021, the City Council adopted Ordinance No. 980, which designated the entire territory of the City as a future an nexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner provides unanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.

With the establishment of the District, a property owner now has two options to satisfy the conditions of approval:

1. Submit a Landowner Petition unanimously approving annexation of the property into the District. A pproval of the petition and special tax rate allows the City to annually levy the special tax on the property tax bill of the property. This option is only available if there are fewer than 12 registered voters living within the proposed annexation area; or

2. Establish a homeowner or property owner association to provide the ongoing operation and maintenance of the improvements.

The Property Owner s elected to annex their property into CFD No. 2014 -01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed there were no registered voters residing at the property, allowing a special election of the landowner. Adoption of the attached resolution s (Attachments 1-2) amends the District an d adds the properties to the tax rate area identified in the Fiscal Impact section of this report and directs the recordation of the boundary map s (Attachments 3-4) and amended notice of special tax lien s for the amendments. The City Clerk received and rev iewed the Landowner Petition s and confirmed the Property Owner s unanimously approved the annexation of their property into the District (Attachments 5-6).

Successful completion of the annexation process satisfies the project’s condition of approval to provide a funding source for the operation and maintenance of public street lighting, public landscaping and/or streets and drainage.

ALTERNATIVES

1. Adopt the resolution s. Staff recommends this alternative as it will annex the properties into CFD No. 2014 -01 at the request of the Property A.13
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Owners and satisfy the condition of approval for the proposed developments.

2. Do not adopt the resolutions. Staff does not recommend this alternative as it is contrary to the request of the Property Owner s, will not satisfy t he condition of approval, and may delay development of the projects.

3. Do not adopt the resolution s but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this alternative as it will delay the Property Ow ners from satisfying the condition of approval and may delay development of the projects.

FISCAL IMPACT

Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters) have previously provided approval. The maximum special tax r ates for the tax rate areas are detailed below. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all the properties within the affected tax rate area.

Property Owners
Project
ACP Record #
Amendment No.

Tax Rate Area
FY 2022/23
Maximum Special Tax Rate1
D.R. Horton Los Angeles
Holding Company, Inc., Inc.

TTM 38123, 177 SF Homes
PEN21-0136/SCP22-0098
74 SL-01A $295.94/parcel
LM-01D $191.48/parcel
SD-01 $959.12/parcel and
$2.66/proportional curb foot
TC-01A $25.28/parcel
Hakan Buvan
TTM 37462, 8 SF Homes
PEN18-0080/SCP22-0100
75 SL-01B $93.00/parcel
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Property Owners
Project
ACP Record #
Amendment No.

Tax Rate Area
FY 2022/23
Maximum Special Tax Rate1
1The special tax applied to the property tax bill will be based on the needs of the tax rate area within the District.

The applied special tax rate cannot exceed the maximum special tax rate.

The FY 2022/23 applied rate for SL -01A (Street Lighting for Single -Family Residential , Perimeter and Interior Street Lighting) is $31.50/parcel.

The FY 2022/23 applied rate for L M-01D (Single-Family Residential Landscaping) is $0/parcel. As of FY 2022/23, there were no parcels in this tax rate area.

The FY 2022/23 applied rate for SD-01 (Street Maintenance and Drainage ) is $959.12/parcel and $0/proportional curb foot.

The FY 2022/23 applied rate for TC-01A (Traffic Circle Landscaping without Monument for SFR) is $0/parcel. As of FY 2022/23, there were no parcels in this tax rate area.

The FY 2022/23 applied rate for SL -01B (Street Lighting for Single -Family Residential, Perimeter Street Lighting Only) is $6.76/parcel.

The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is gre ater.

However, the annual adjustment cannot be applied unless the City Council annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate area.

NOTIFICATION

The Landowner Petitions were e-mailed to the Property Owners on December 14, 2022 and February 6, 2023 . A copy of the RMA was included with each Landowner Petition as Exhibit B.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES
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1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

Objective 5.2: Promote the ins tallation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution - Amendment No. 74

2. Resolution - Amendment No. 75

3. Boundary Map - Amendment No. 74

4. Boundary Map - Amendment No. 75

5. Certificate of Election Official - Amendment No. 74

6. Certificate of Election Official - Amendment No. 75

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 11:47 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 11:49 AM A.13
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1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE

AMENDED MAP FOR SAID DISTRICT

WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcels (the “ Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 74 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcels to the CFD.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

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Attachment: Resolution - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY 2 Resolution No. 2023-___
Date Adopted: February 21, 2023

2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect. The Annexation Parcels are subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.

3. Description of Services. The following is a general des cription of all services (the “Services”) provided in the CFD:

A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right - of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shrubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and ov erhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.

B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvemen ts. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense r elated to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and overhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.

C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and maintaining streets. Drainage improvements include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii ) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.

The Annexation Parcels will only be provided with the services indicated on Exhibit A.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The City Council directs that said map be filed with the Riverside County Recorder A.13.a
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Attachment: Resolution - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY 3 Resolution No. 2023-___
Date Adopted: February 21, 2023

pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The City Council directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcels associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.

8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preempti ve legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Cou ncil that are in conflict with the provisions of this Resolution are hereby repealed.

APPROVED AND ADOPTED this 21st day of February, 2023.

____________________________
Mayor of the City of Moreno Valley

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney

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Attachment: Resolution - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY 4 Resolution No. 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: Resolution - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY 5 Resolution No. 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels
Boundary Map
Amendment No.

Assessor's
Parcel Numbers
Services Tax Rate Area
& Maintenance
Category

Amendment No. 74
487470028
487470036
487574001
487574002
Street Lighting SL-01A

Landscape Maintenance LM-01(D)

Street Maintenance and
Drainage SD-01

Landscape Maintenance TC-01A

Based on current development plans, it is anticipated that the Annexation Group will be in the Maintenance Category listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.

The parcels associated with a given development constitute a separate Annexation Group for purpose of calculating the applicable Maintenance Category (where applicable) for each Tax Rate Area. The anticipated Maintenance Category (where applicable) is shown in parenthesis following th e Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.

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Attachment: Resolution - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY 6 Resolution No. 2023-___
Date Adopted: February 21, 2023

EXHIBIT B

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Attachment: Resolution - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY 1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE

AMENDED MAP FOR SAID DISTRICT

WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcels (the “ Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 75 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcels to the CFD.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

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Attachment: Resolution - Amendment No. 75 [Revision 1] (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO 2 Resolution No. 2023-___
Date Adopted: February 21, 2023

2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect. The Annexation Parcels are subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.

3. Description of Services. The following is a general description of all services (the “Services”) provided in the CFD:

A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right - of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shrubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.

B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and overhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.

C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and maintaining streets. Drainage improvements include pu blic improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.

The Annexation Parcels will only be provided with the services indicated on Exhibit A.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The City Council directs that said map be filed with the Riverside County Recorder A.13.b
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Attachment: Resolution - Amendment No. 75 [Revision 1] (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO 3 Resolution No. 2023-___
Date Adopted: February 21, 2023

pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The City Council directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcels associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.

8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdict ion or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

APPROVED AND ADOPTED this 21st day of February, 2023.

____________________________
Mayor of the City of Moreno Valley

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney

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Attachment: Resolution - Amendment No. 75 [Revision 1] (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO 4 Resolution No. 2023-___
Date Adopted: February 21, 2023

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Attachment: Resolution - Amendment No. 75 [Revision 1] (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO 5 Resolution No. 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: Resolution - Amendment No. 75 [Revision 1] (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO 6 Resolution No. 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels
Boundary Map
Amendment No.

Assessor's
Parcel
Numbers
Services
Tax Rate
Area &
Maintenance
Category

Amendment No. 75 478090030
478090031

Street Lighting

SL-01B

Based on current development plans, it is anticipated that the Annexation Group will be in the Maintenance Category listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.

The parcels associated with a given development constitute a separate Annexation Group for purpose of calculating the applicable Maintenance Category (where applicable) for each Tax Rate Area. The anticipated Maintenance Category (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.

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Attachment: Resolution - Amendment No. 75 [Revision 1] (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO 7 Resolution No. 2023-___
Date Adopted: February 21, 2023

EXHIBIT B

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Attachment: Resolution - Amendment No. 75 [Revision 1] (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO

LASSELLE ST

DARWIN DR

CUMIN STPAPRIKA CT

REGIS DR

REGIS DRDARWIN DR
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Attachment: Boundary Map - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 75 TO BOUNDARIES OF CITY OF MORENO VALLEYCOMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES)CITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIA

CACTUS AVEBRODIAEA AVE

BELLETERRE AVEARBORGLENN DRBRADSHAW CIR
Sheet 1 of 1
Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetBRODIAEA AVECACTUS AVECACTUS AVEBRODIAEA AVELAFAYETTE WAYARBORGLENN DRYAROW WAYSAND DOLLAR WAYBRADSHAW CIRBAHAMA BAY STLARKSONG WAYLegendS I T ES I T E O
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Attachment: Boundary Map - Amendment No. 75 (6028 : PURSUANT TO LANDOWNER PETITIONS, A.13.e
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Attachment: Certificate of Election Official - Amendment No. 74 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS A.13.f
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Attachment: Certificate of Election Official - Amendment No. 75 (6028 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS

Report to City Council

ID#6107 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: February 21, 2023

TITLE: LIST OF PERSONNEL CHANGES

RECOMMENDED ACTION
Recommendation:

1. Ratify the list of personnel changes as described.

DISCUSSION

The attached list of personnel changes scheduled since the last City Council meeting is presented for City Council ratification.

Staffing of City positions ensures assignment of highly qualified and trained personnel to achieve Momentum MoVal priorities, objectives and initiatives.

FISCAL IMPACT

All position changes are consistent with appropriations previously approved by the City Council.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Serina Astorga Brian Mohan
Executive Assistant Assistant City Manager
Chief Financial Officer/City Treasurer

CITY COUNCIL GOALS
None

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CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Personnel Changes Report

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 11:49 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 11:52 AM A.14
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City of Moreno Valley
Personnel Changes- 1/1/23- 1/31/23
February 21, 2023

New Hires
Stephanie Suss, Senior Administrative Assistant, Human Resources, Financial and Management Services

Araceli Sahagun, Management Assistant, Capital Projects, Public Works

Promotions
Jorge Ruvalcaba
From: Community Enhancement Offic er I, Community Enhancement and Neighborhood Services, Community Development
To: Co mmunity Enhance ment Officer II , Community Enhancement and Neighborhood Services, Community Development

Ariel Munoz
From: Community Enhancement Offic er I, Community Enhancement and Neighborhood Services, Community Development
To: Co mmunity Enhance ment Officer II , Community Enhancement and Neighborhood Services, Community Development

Courtney Welch
From: Animal Care Technician, Animal Services, Community Development To: Administrative Assistant, Animal Services, Community Development

Transfers
Shanna Palau
From: Senior Management Analyst, Purchasing and Sustainability, Financial and Management Services To: Senior Management Analyst, Financial Resources, Financial and Management Services

Separations
Kathryn Vigil, Management Aide, Capital Projects, Public Works

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Attachment: Personnel Changes Report (6107 : LIST OF PERSONNEL CHANGES)

Report to City Council

ID#6120 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Work Director/City Engineer

AGENDA DATE: February 21, 2023

TITLE: APPROVE THE AGREEMENT WITH MARKS
ARCHITECTS, INC. FOR THE CITY HALL ELEVATOR
MODERNIZATION PROJECT 803 0059 AND BUDGET

APPROPRIATION

RECOMMENDED ACTION
Recommendations:

1. Approve the agreement with Marks Architects Inc., for a total not -to-exceed amount of $152,200 for the preparation of scope and fee documents in relation to the City Hall Elevator Modernization project 803 00 59; and authorize the City Manager to execute the agreement using fund 3000 Facility Construction;

2. Authorize the issuance of a purchase order to Marks Architects Inc. for $152,200 in accordance with approved terms of the agreement;

3. Authorize the Ci ty Manager to execute any amendments, purchase orders and/ or change orders, contingent upon approved budget and approval of the City Attorney; and

4. Approve Budget Adjustments as contained in the Fiscal Impact section of this report.

SUMMARY

This repo rt recommends approval of the Professional Consultant Agreement for the preparation of scope and fee documents in relation to the City Hall Elevator Modernization Project 803 0059 with Marks Architects, Inc. The project is funded through the Facility Construction (Fund 3000) as recommended in the Fiscal Impact.

DISCUSSION
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The City is responsible for ensuring that public facilities are safe and properly operational for the general public and employees, including Fire Stations, the Public Safety Building, and the Emergency Operations Center. Providing properly operating elevators are an essential part of the City’s buildings. Through proper preventative maintenance and repairs, the Maintenance & Operations Division has been able to keep the City Hall Elevat or in operation beyond its life expectancy. Through the proposed elevator modernization process, the unit can be kept running in a safe, reliable, and more energy efficient way.

Requests for Proposal for scope and fee preparation professional consultant services for the City Hall Elevator Modernization Project 803 0059 went out on October 11, 2022.

Staff reviewed the proposal s and recommends the award of a professional consultant services agreement with Mark’s Architects, Inc. for completing the scope and fee related services for the project.

There is a not -to-exceed amount of $152,200.00 for this agreement based on the estimated amount of time and work needed to prepare the scope and fee documents.

The scope and fee documents will later be used in a Notice Inviting Bids for the construction portion of the City Hall Elevator Modernization Project.

Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public Infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.”

ALTERNATIVES

1. Approve and aut horize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow for timely completion of the City Hall Elevator Modernization.

2. Elect not to approve and authorize the recommended actions as presented in this staff report, and provide further direction to staff. Staff does not recommend this alternative as it will delay completion of the City Hall Elevator Modernization.

FISCAL IMPACT

There is no impact to the General Fund. The total cost for this portio n of the City Hall Elevator Modernization project is $152,200, funding for this project is available in Facilities Replacement Reserve (Fund 7330) in the amount of $152,200.

Description Fund GL Account No. Type
(Rev/Exp)
FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended
Budget
Transfer To Facilities 7330-99-99-97330-903000 Exp $808,705 $152,200 $960,905 A.15
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Replacement
Reserve
Transfer In Facility
Construction
3000-99-99-93000-807330 Rev $808,705 $152,200 $960,905
CIP Facility
Construction
3000-70-40-80003-720199
803 0059-3000-99
Exp $0 $152,200 $152,200

NOTIFICATION

Posting of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Tyler Smith Melissa Walker
Management Analyst Public Works Director / City Engineer

Concurred By:

Joseph Mattox
Maintenance & Operations Division Manager

CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material inci dents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developin g and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. 803 0059 Agreement for Consultant Services - Marks Architects, Inc.

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 8:00 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 9:24 AM A.15
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1 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH MARK’S ARCHITECTS INC. FOR THE CITY HALL ELEVATOR MODERNIZATION PROJECT NO. 803 0059

This Agreement is by and between the City of Moreno Valley, California, a municipal corporation, hereinafter described as "City," and Mark’s Architects, Inc., a California corporation, hereinafter described as "Consultant." This Agreement is made and entered into effective on the date the City signs this Agreement.

RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the professional work hereinafter described as "Project"; and WHEREAS, the City has determined the Project involves the performance of professional and technical services of a temporary nature as more specifically described in Exhibit "A" (City's Request for Proposal) and Exhibit "B" (Consultant's Proposal) hereto; and WHEREAS, the City does not have available employees to perform the services for the Project; and
WHEREAS, the City has requested the Consultant to perform such services for the Project; and
WHEREAS, the Consultant is professionally qualified in California to perfor m the professional and technical services required for the Project, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement;
THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

2 DESCRIPTION OF PROJECT

1. The Project is described as providing engineering design, preparation of the scope and not -to-exceed fee, and construction support services for the City Hall Elevato r Modernization.

Project No.803 0059.

SCOPE OF SERVICES

2. The Consultant's scope of service is described on Exhibit "B" attached hereto and incorporated herein by this reference. In the event of a conflict, the City's Request for Proposal shall take precedence over the Consultant's Proposal.

3. The City's responsibility is described on Exhibit "C" attached hereto and incorporated herein by this reference.

PAYMENT TERMS

4. The City agrees to pay the Consultant and the Consultant agrees to receive a "Not- to-Exceed" fee of $ 152,200.00 in accordance with the payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.

TIME FOR PERFORMANCE

5. The Consultant shall commence services upon receipt of written direction to proceed from the City.

6. The Consultant shall perform the work described on Exhibit "A" in accordance with the schedule set forth in Exhibit "B" attached hereto and incorporated by this reference.

7. This Agreement shall be effective from effective date and shall continue in full force and effect date through June 30, 2024, subject to any earlier termination in accordance with this Agreement. The services of Consultant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

3 expiration of this Agreement.

8. (a) The Consultant agrees that the personnel, including the principal Project manager, and all subconsultants assigned to the Project by the Consultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the Consultant without written prior approval of the City.

SPECIAL PROVISIONS

9. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.

10. The Consultant may also retain or subcontract for the services of other necessary consultants with the prior written approval of the City. Payment for such services shall be the responsibility of the Consultant. Any and all subconsultants employed by the Consultant shall be subject to the terms and conditions of this Agreement, except that the City shall have no obligation to pay any subconsultant for services rendered on the Project.

11. The Consultant and the City agree to use reasonable care and diligence to perform their respective services under this Agreement.

12. The Consultant shall comply with applicable federal, state, and local laws in the performance of work under this Agreement.

13. To the extent required by controlling federal, state and local law, C onsultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

4 disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.

(c) Consultant will, in all solicitations or advertisements for employees plac ed A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

5 by or on behalf of C onsultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this Section 13
.

14. To the furt hest extent allowed by law (including California Civil Code section 2782.8 if applicable), Consultant shall indemnify, hold harmless and defend the City, the Moreno Valley Community Services District (“CSD”), the Moreno Valley Housing Authority (“Housing Authority”) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

15. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and maintain A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

6 in full force and effect all insurance as required in Exhibit E or as may be authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. (b) If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors fail to maintain any required insurance in full force and effect, al l services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to C onsultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to C ity. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement.

The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by C ity that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by C onsultant shall not be deemed to release or diminish the liability of C onsultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City 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. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them.
(d) Upon request of C ity, Consultant shall immediately furnish C ity with a complete copy of any insurance policy required under this Agreement, including all A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

7 endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, C onsultant shall require each subcontractor to provide insurance protection in favor of C ity and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with C onsultant and City prior to the commencement of any services by the subcontractor.

16. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and s igned by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

17. Consultant and subconsultants shall pay prevailing wage rates when required by the Labor Laws of the State of California.

18. (a) The Consultant shall deliver to the Maintenance & Operation’s Division, fully completed and detailed project-related documents which shall become the property of the City.

The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement. (b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized use of computations, maps, and other documents prepared or provided by the Consultant under this Agreement, if used by the City on other work without the A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

8 permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.

19. (a) This Agreement shall terminate without any liability of C ity to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against C onsultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any C ity fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of termination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Consultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (b) In the event of termination due to failure of C onsultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, C ity’s damages caused by such failure. In no event shall any payment by C ity pursuant to this Agreement constitute a waiver by C ity of any breach of this Agreement which may then exist on the part of Consultant, nor shall such payment impair or prejudice any remedy available to City with respect to the breach .
(c) Upon any breach of this Agreement by Consultant, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

9 to enforce the terms of the A greement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(d) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of C ity in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. C onsultant shall notify City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.

20. This Agreement is binding upon the City and the Consultant and their successors and assigns. Except as otherwise provided herein, neither the City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the other.

21. A City representative shall be designated by the City and a Consultant representative shall be designated by the Consultant. The City representative and the Consultant representative shall be the primary contact person for each party r egarding performance of this Agreement. The City representative shall cooperate with the Consultant, and the Consultant's representative shall cooperate with the City in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.

22. This Agreement represents the entire and integrated Agreement between the City A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

10 and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties.

23. Where the payment terms provide for compensation on a time and materials basis, the Consultant shall maintain adequate records to permit inspection and audit of the Consultant's time and materials charges under this Agreement. The Consultant shall make such records available to the City at the Consultant's office during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records. Except as may be otherwise required by law, such records will be available only to the City. Such records shall be maintained by the Consultant for three (3) years following completion of the services under this Agreement.

24. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.

25. (a) Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure a nd disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, C onsultant and the respective subcontractor(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subcontractors to take, reasonable A.15.a
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

11 steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing.
(b) In performing the work or services to be provided hereunder, C onsultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any C ity council, commission, board, commi ttee, or similar City body.

This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant, nor any of Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bi d for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. C onsultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, C onsultant shall remain responsible for complying with Section 25(a), above.
(e) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agr eement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subcontractors to comply therewith.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

12 (f) This Section 25 shall survive expiration or termination of this Agreement.

26. All Plans, drawings, Specificati ons, reports, logs, and other documents prepared by the Consultant in its performance under this Agreement shall, upon completion of the project, be delivered to and be the property of the City, provided that the Consultant shall be entitled, at its own expense, to make copies thereof for its own use.

27. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall also govern the interpretation of this Agreement. Venue shall be vested in the Superior Court of the State of California, County of Riverside.

28. Supplementary General Provisions. (For projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.

a) CONTRACTOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event CONTRACTOR violates or breaches terms of the Agreement.

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AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

13 b) CITY may terminate the Agreement for cause or for convenience, and CONTRACTOR may terminate the Agreement, as provided the General Conditions.
c) CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by CONTRACTOR.)
d) CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.) e) CO NTRACTOR shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5). f) C ONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).
g) CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.
h) Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the CITY.

i) Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royalty-free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or A.15.a
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AGREEMENT FOR PROJECT

RELATED SERVICES
PROJECT NO. 803 0059

14 authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement. j) CONTRACTOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
k) CONTRACTOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.
l) CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
m) CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).

SIGNATURE PAGE FOLLOWS
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

IN WITNESS HEREOF, the parties have each caused their authorized represen tative to execute this Agreement.

City of Moreno Valley Mark’s Architects, Inc.

BY: BY:

Mike Lee
City Manager Name:

TITLE:
(President or Vice President
Date

Date

BY:

Name:

TITLE:

(Corporate Secretary)

Date

Enclosures: Exhibit “A” – City Scope of Services
Exhibit “B” – Consultant Proposal
Exhibit “C” – City Services
Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date
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EXHIBIT “A”

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October 19, 2022

Request for Scope and Not-to-Exceed Fee Cost Proposal for Professional Design Services for the Elevator Modernization at the City of Moreno Valley City Hall.

The City of Moreno Valley is requesting a detailed scope of service and not-to-exceed fee cost proposal (not a full proposal) to perform Engineering/Design Services and Construction Cost Estimate Services for the City Hall Elevator Modernization project. Responses to this RFP are due by December 7, 2022, by 2:00 PM PST.

Scope:

This RFP is to survey condition of electrical and mechanical components of the existing elevator room and prepare construction plans and specification to upgrade the system to meet new code requirements and modernize the equipment and all components for maximum reliability.

The Architect Engineer (AE) shall conduct site investigation of the existing elevator room electrical and mechanical systems, and prepare con struction Plans and Specification (P&S) for electrical and mechanical upgrades related to Elevator Modernization work at the City of Moreno Valley ’s City Hall bu ilding located in Moreno Valley, CA. Design documents shall include construction drawings, specifications, design analysis and construction cost estimate for mechanical, electrical and f ire protection upgrades. The AE shall provide 35%, 90% (pre -final) and Final design drawings, specifications and cost estimate for review and approval. The AE shall attend design review meetings for the 35% and 90% phases via web meeting.

Plans and Specification (P&S) shall include the following features:

a. Equipment Modernization
All elevator equipment and components shall be upgraded to provide maximum service performance and reliability. The modernization of the elevator shall minimize shutdowns, reduce the risk of injury or accidents, and lower energy cost/consumption.

b. Machine Room Ventilation for Control Equipment
Current Elevator Code requires natural or forced air ventilation to prevent overheating of the elevator system electrical components. The Code does not specify the exact acceptable temperature and condensation levels. The equipment manufacturer does. Generally, it’s A.15.a
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recommended elevator machine rooms with microprocessor control equipment be kept under 80 degrees F and within the operating humidity range as recommended by the control manufacturer.

c. Machine Room Smoke Detectors
Elevator and NFPA Code requires smoke detectors and/or heat detector devices in the elevator machine room for building fire control and elevator fire recall. The number of smoke detectors in the machine room is determined by the area of the room. Also, beam pockets in the ceiling of the elevator machine rooms may require installation of a smoke detector device in each of these pocket areas.

d. Machine Room Lighting
Current elevator Code requires all machine rooms to be provided with a permanent means of illumination of not less than twenty (20) footcandles measured at floor level, at any location in the machine room. Furthermore, light bulbs must be protected against accide ntal contact with bulb guard devices.

e. Machine Room Elevator Mainline Disconnect Switches
Current elevator and electrical Codes require elevator mainlin e disconnect switches either to be fused or provided with circuit breakers, lockable in the “Off” posi tion, and located where readily accessible to qualified personnel & within sight of the hoist motor and motor controller.

f. Elevator Machine Room Electrical Disconnect Switches 4th Wire Ground Current National Electric Code requires a 4th wire ground to ele vator mainline disconnect switches. In addition, the ground wire is to be run directly to the building's main electrical distribution panel. If no 4th wire ground is present, and the disconnect switches are reused “as is” this condition is probably “grandf athered” and may not be required to be corrected by the Electrical Code. Ho wever, almost all elevator control manufacturers now require and/or recommend that their microprocessor based controls be provided with a 4th wire ground back to the main building electrical distribution panel.

g. Aluminum Feeder Wires
Elevator mainline d isconnect switches are occasional fed either directly or indirectly by aluminum feeder wires. Generally, aluminum is a poor material if new solid -state drives (SCR or ACVF) are provided to replace the existing elevator motor generator sets.

h. Machine Room 110 VAC Elevator Lighting Circuit Electrical Disconnect Switch Current elevator and electrical Code require in each elevator machine room, and for each elevator, a separate electrical d isconnect switch for the 110 VAC elevator lighting circuit. These disconnect switches are to be fused or provided with ci rcuit breakers, lockable in the “off” position, and located as near as possible to the machine room entrance door.

i. Machine Room & Pit 110 VAC GFCI Electrical Outlets
Current elevator and electrical Code require in each elevator machine room and each pit , 110 VAC electrical work outlets equipped with ground fault circuit interrupter (GFCI) protection. Pit A.15.a
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110 VAC work outlets and conduit m ust be NEMA 4 rated if within 4' of the pit floor and sprinklers are present.
j. Pit Ladders
Where climb -down access i s provided to an elevator pit, current Elevator Code requires permanent and safe means of access. Further, the handholds of the pit ladder s need to extend at least 48" above the pit entrance level.
k. Pit Lights
Current elevator Code requires a means for i llumination in all elevator pits. Illumination level is to be a minimum of ten (10) footcandles, measured anywhere at the floor level. Pit lighting fixtures, conduit and 110 VAC work outlets must be NEMA 4 rated if within 4' of the pit floor and sprinklers are present.

l. Fire Recall Zone Circuitry
Current elevator Code requires automatic recall of elevators in a fire condition. This can be accomplished through elevator lobby and elevator machine room smoke detectors or, where sprinklers are present and the local Code jurisdiction allows it, water-flow switches.

Three (3) sets of signals would be required to be sent to each elevator or group of elevators. The first set of signals would come from the fi re-sensing device on the primary recall floor. The second set of signals would come from the “Zone” of fire -sensing devices on all other elevator lobby levels, the elevator machine room, and the top of hoistway. The third set of signals would come from the fire-sensing devices in the elevator machine room or top of hoistway. A fourth set of signals will be required if shunt trip operation is employed.

m. Temporary ADA
During the duration of the projec t when the elevator is out of commission t emporary ADA measures will be needed. AE shall include in the scope of the project temporary ADA access and accommodations to the second floor of the building.

Deliverables

 Construction drawings and specifications for the elevator modernization.  Development of estimated construction budget for entire project.  Final color elevations/renderings and floor plan exhibits for project to be presented for City Council review.
 Development of bidding documents.
 The successful firm will also develop necessary Addendums during bidding, respond to Requests for Information (RFI’s), and provide technical guidance during project construction.

Process:

Mandatory pre-proposal job walk. Only Firms who participate in the pre-proposal job walk will be allowed to submit a proposal on the project. A mandatory pre-bid job walk A.15.a
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will be held on November 9, 2022 at 10:00 A.M. at City Hall.

City Hall
14177 Frederick St.

Moreno Valley, CA 92553

All questions, comments, or concerns shall be submitted to PlanetBids no later than November 23, 2022 at 2:00 P.M.

RFP submittals are due no later than December 7, 2022, at 2:00 PM PST and shall be submitted/uploaded via PlanetBids.

RFP submittals received will be reviewed by the Facilities Maintenance personnel with the intent to be awarded for the Scopes of Services as well as any other information applicable to their ability to provide the necessary services for the completion of the project.

Proposal Format and Content

1. Introduction: A summary statement which will demonstrate that the prospective proposer has a clear understanding of the City’s objectives and how it expects to address them.

2. Management and Staffing: List the roles and responsibilities of the individuals who will be directly involved with the project, including the Project Manager, who will be the primary contact with City staff, and provide individual resumes.

3. Prior Related Experience: Provide a list of representative projects of similar scope and nature performed within the last five (5) years, particularly. Include a contact person for each representative project listed.

4. Work Plan : Describe the approach to be taken in addressing the proposed scope of work. This description should include delineation of specific tasks to be undertaken in each project activity. Include a project schedule showing start and completion dates for the specific tasks, including milestone dates and processing time for review by the City.

5. Fee Schedule: The consultant is requested to provide a “Not to exceed” cost (inclusive of all professional fees and expenses) for the entire project as outlined in the Work Plan.:

Include the hourly rate charges for each team member who may be involved in the project.

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October 19, 2022

Please submit your Scope and Fee Proposal through PlanetBids: by December 7, 2022.

Should you have any questions, please contac t Purchasing at [email protected] or 951-413-3190.

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EXHIBIT “B”
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The City of Moreno Valley
Request for Scope and Not-to-Exceed Fee Cost Proposal
For Professional Design Services for the Elevator Modernization At the City of Moreno Valley City Hall

PROPOSAL

Provided by
Marks Architects, Inc.
73121 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
760-327-6800

Submitted December 7, 2022
Via PlanetBids

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Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

1 1. INTRODUCTION
A summary statement which will demonstrate that the prospective proposer has a clear understanding of the City’s objectives and how it expects to address them.

Marks Architects, Inc., a local Southern California architectural firm, is honored to be able to offer the City of Moreno Valley professional design services for the modernization of the City Hall elevator.

We have assembled a highly experienced team of engineers and specialists to assist the City with the project to survey the existing conditions, determine a detailed scope of work, prepare construction documents, and a cost estimate for the City’s use in bidding and construction management. Our architectura l team will provide color renderings for the elevator elevations and floor plans for presentation before the City Council, and provide the City with bidding and construction phase support.

Considering the City’s clear goals for acce ssibility and citizen access in City Hall, upgrading the sole elevator, and primary vertical means of moving through the building, is the ultimate support needed to meet those goals.

We will also work with the City to determine the best way to maintain vertical accessibility even while the elevator is off-line during modernization upgrades.

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Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

2 2. MANAGEMENT AND STAFFING
List the roles and responsibilities of the individuals who will be directly involved with the project, including the Project Manager, who will be the primary contact with City staff, and provide individual resumes.

Marks Architects, Inc. has assembled the following team of experts for the elevator modernization project. We have all worked together before on other elevator modernization projects and know how to work as a team.

Marks Architects, Inc.

Project Manager David W. Clarke Principal Architect
Mr. Clarke will be the City’s primary contact and principal organizer of the project team, and be responsible for overall quality control, scheduling, and client support.

Production Manager Hector Castro Sr. Project Manager
Mr. Castro will assist Mr. Clarke with the project by coordinating design and construction documents, communications, submittals, and support from engineering subconsultants. He will maintain bidding and construction logs for RFIs and submittals.

HKA Elevator Consulting, Inc.

Elevator Consultant John Reynolds Principal & President Elevator Consultant Alan Taylor, MSc Principal & Vice President Elevator Consultant Sean M. Kelly Elevator Consultant
Technical Director Donnie Bacak Technical Director
The HKA team will be the primary technical consul tant for the elevator specific scope of work.

They will gather all necessary existing conditions documentation for the preparation of a detailed survey, and prepare the detailed specifications for the work to be executed. HKA will provide construction phase services in the field working with the contractor to ensure compliance and quality of work excellence.

IMEG Corp
Mechanical Manager Josh Massey Project Manager
Mechanical Designer Daphne Huang Sr. Mechanical Engineer Electrical Manager Nestor Ignacio Electrical Engineer
Structural Manager Dhawal Agarwal Structural Engineer
The IMEG engineering team will support the elevator design upgrades to provide all design and construction documents for mechanical and electrical systems. We’ve also included structural engineering for bracing, supports, anchorage, and fasteners as needed for the mechanical and elevator systems. They will respond to RFIs during bidding and construction as well as review technical submittals.

Iskander Associates, Inc.

Cost Estimator Iskander A. R. Abdulla President
Cost estimating at the beginning and then midway through the project is essential for establishing and checking the budget. A final estimate is needed for assessing bids.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS City of Moreno Valley
Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

3 David W. Clarke, Vice-president
Architect
Mr. Clarke has been a California Licensed Architect
f o r 3 2 y e a r s , w i t h e x p e r i e n c e a l s o i n s e v e r a l o t h e r states. He owned and operated architectural firms in
New Mexico and Arizona. Now, he leads the Marks
Architects office in Palm Desert.

PROFESSIONAL REGISTRATIONS
California Architect License - No. C-21219, 1990
NCARB Certificate No. 55754, 2002

EDUCATION
Master of Art in Architecture, UCLA 1990
Bachelor of Architecture, University of Oregon 1984

PROFESSIONAL EXPERIENCE
Marks Architects, Inc., Palm Desert, CA 2018 – Present
Williams Design Group, Inc., Las Cruces, NM 2010 – 2018 David W. Clarke, Architect LLC, Las Cruces, NM 2009 – 2015 Peterson Architects, (PHX Architects), Scottsdale, AZ 2008 – 2009 Mountain Sun Architecture, Ruidoso/Alto, NM 2000 – 2008 The University of Texas, San Antonio, TX 1995 – 2000 (Full-time teaching Architecture) Kansas State University, Manhattan, KS 1990-1995 (Full-time teaching Architecture) Escudero-Fribourg Architects, Los Angeles, CA 1988 - 1990 U.S. Peace Corps, Montserrat, BWI, 1985 – 1987
Goody Clancy & Associates, Boston, MA 1984 – 1985

RELEVANT EXPERIENCE
With 38 years of total work experience in Architecture, Mr. Clarke has designed and managed hundreds of commercial office renovations and new construction. Recent and relevant completed public project experience includes:
 San Bernardino County Colorado River Station Remodel, Needles, CA 2021  City of Palm Springs parks restroom replacements, Palm Springs, CA, 2021  SunLine Transit Agency West Coast Center of Excellence, Thousand Palms, CA, 2020  SunLine Transit Agency Indio Offices, Indio, CA, 2019  Palms To Pines Shopping Center Rehabilitation/Remodel, Palm Desert, CA 2019  City of Las Cruces Convention Center Expansion, Las Cruces, NM, 2017-2018  New Mexico State Police District 3 HQ Addition & Remodel, Roswell, NM, 2017 - 2018  City of Las Cruces Public Safety Complex, Las Cruces, NM, 2012 – 2017

Additionally, Mr. Clarke has extensive experience with hospitals and medical offices, hotels and restaurants, public school and university facilities, municipal maintenance facilities, and public safety services buildings.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS City of Moreno Valley
Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

4 Hector Castro, Senior Project
Manager
Mr. Castro has been a critical team member and
Senior Project Manager at Marks Architects for 15
years through its evolution from Urrutia Architects and Urrutia Marks Architects. His primary project
management responsibilities, include design research,
construction documents production and quality
control, subconsultant coordination, construction
phase project administration, and client experience
management.

PROFESSIONAL REGISTRATIONS
NCARB Candidate ID number: 66143

EDUCATION
Sinaloa State Autonomous University – School of Architecture - Culiacan City, Sinaloa State, Mexico
Bachelor of Science in Architecture degree, 1999

PROFESSIONAL EXPERIENCE
Urrutia Architects, Palm Springs, CA 2007-2016
Marks Architects, Palm Desert, CA 2016 – Present

RELEVANT EXPERIENCE
Detail oriented and highly professional, Mr. Castro is skilled at managing multiple aspects of a job and seeing tasks through to successf ul completion. He takes full responsibility to ensure the highest quality work, while creating strong, productive relationships to optimize teamwork. Mr. Castro’s recent relevant project experience includes:

 Colorado River Station Remodel, Needles, CA 2022
 Valvoline Instant Oil Change, Martinez, CA – Renovation of existing building, 2022  Valvoline Instant Oil Change, Ontario, CA – Renovation of existing building, 2021  Valvoline Instant Oil Change, Ocean Beach, CA – Renovation of existing building, 2021  SunLine Transit Agency West Coast Center of Excellence, Thousand Palms, CA, 2020  SunLine Transit Agency Indio Offices, Indio, CA, 2019  Clinicas de Salud del Pueblo, Coachella, CA - Renovation of existing building, 2017.  City of Palm Springs Police Department Remodel - Renovation of existing building, 2016  Urology Medical Offices Remodel & TI’s for Dr. Lance P. Walsh, Rancho Mirage, CA, 2013  Eisenhower Medical Center – Palm Springs Health Center – Architectural Interior design within existing shell building, 2010

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hkaconsulting.com

23211 SOUTH POINTE DRIVE
LAGUNA HILLS, CA 92653
P: 949.348.9711
F: 949.348.9751

SAN DIEGO
9863 PACIFIC HEIGHTS BOULEVARD

SUITE A

SAN DIEGO, CA
949.582.4100

3765 EAST SUNSET ROAD, B5
LAS VEGAS, NV 89120
P: 702.319.9711

15811 32ND AVENUE NE
LAKE FOREST PARK, WA 98155
P: 206.954.1821

501 S. CHERRY STREET, 11TH FLOOR
DENVER, CO 80120
P: 720.665.3029

MINNESOTA

LAKEVILLE, MN
P: 952.435.2429

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WHAT WE DO

HKA Elevator Consulting, Inc. specializes in the business of vertical and horizontal transportation consulting. As an elevator consulting firm, our client base consists of architects , developers, building owners and managers, contractors and public agencies such as city, county, state and federal entities.

Our firm assists in the development of people and material transportation systems for commercial offices, airports, retail, hospitals, hotels, residential, parking facilities, museums, libraries, schools, correctional facilities, public transit facilities, merchandising marts and other institutional facilities. Additionally, the firm’s expertise allows for expert witness services to be offered to attorneys and insurance companies.

As an independent firm made up of professionals drawn from throughout the elevator industry, our people have a broad range of experience and expertise in all phases of elevator consulting. We provide fu ll services from schematic design through the final stages of construction and testing of the vertical transportation systems for both new buildings and the modernization of existing buildings. Our firm also provides maintenance evaluations and "remaining useful life" studies of existing systems. We are members of BOMA, IREM, IAEC (formerly NAVTP), NAIOP, NPFMA and are QEI certified.

WHO WE ARE

HKA Elevator Consulting, Inc. was founded in January 1999 by Daryl Anderson, President and Principal of Hesselberg, Keesee & Associates, Inc. from 1986 until then. The original firm was founded in San Francisco, California in 1963 by Edwin H. Hesselberg after 44 years of experience with Otis Elevator Company. In 1973, Mr. Glen Keesee joined Mr. Hesselberg as a consultant and, in 1976, purchased the firm, which became incorporated in the State of California under the name Hesselberg, Keesee & Associates, Inc. Daryl Anderson joined the firm in 1981 and, in 1986, purchased interest in the firm with Thomas L. Wendt. In 1989, the firm expanded its operation to Southern California with Daryl Anderson as principal.

In 1999, two separate corporations were formed to better serve the needs of clients and staff in each geographic region. The Northern California office, with Tom Wendt and Jim Finley as principals, is named Hesselberg, Keesee & Associates, Inc. The Southern California office, with Daryl Anderson as principal, is named HKA Elevator Consulting, Inc. All business operations otherwise remain unchanged.

In 2017John Reynolds and Alan Taylor purchased full control of HKA and continued to grow the business in other states.

John Reynolds, Principal & President: John has over 33 years of experience in the elevator industry.

He joined HKA in 2005 after working in several various capacities since 1988 both in the field and in management installing, modernizing, and maintaining elevators and escalators for major vertical transportation contractors. John is also a Qualified Elevator Inspector (QEI #3697) under the ASME A17.1 Safety Code for Elevators and Escalators.

Alan Taylor, MSc, Principal & Vice President: Alan originally joined HKA in 2007 and has over 42 years of experience in the elevator industry. He has spent 20 of those years working on international projects.

He has lived in Asia and has firsthand elevator experience in over 32 countries. Alan’s experience makes him a very versatile consultant. He will work with architects and designers to build elevator solutions, conduct traffic analysis, write specifications and survey projects. Alan holds a Master’s of Science specializing in Lift Engineering and is also a Qualified Elevator Inspector (QEI #2830) under the ASME A17.1 Safety Code for Elevators and Escalators.

Donnie Bacak, Technical Director/Senior/Associate Consultant: Joined HKA in 2021. Donnie has more than 40 years of experience in the elevator industry. He has spent much of his career in North and South America, Asia, Europe and Brazil, working alongside manufacturing and engineering to develop new technology and products for the vertical transportation market. He will work with architects and designers to build elevator solutions, conduct traffic analysis, write specifications and survey projects. Mr. Bacak has a background in product lifecycle and product strategy for new equipment and is a Qualified Elevator Inspector (QEI) under the ASME A17.1 Safety Code for Elevators and Escalators.

Jeff Crusham, Director, National Business Development: Joined HKA in 2012. Jeff has over 40 years of experience in all aspects of the elevator industry. He has a broad range of experience with all types of equipment, service sales, repairs, modernizations, new equipment and product development. Extensive A.15.a
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management of office and field supervisory experience with a major elevator company providing various elevator services for clientele throughout many locations in the USA.

Dean Kwiatkowski, Senior Elevator Consultant & Project Manager: Dean joined HKA in 2020. Dean has over 36 years of experience in the elevator industry. He has spent over 20 year working for an elevator company and has held various positions in Chicago (33-years) and Denver and the last 16 years as an Elevator Consultant & Project Manager. Dean has been involved in new product, service and modernizations sales. As a project manager for many years, he has been involved in creating specifications for service, modernization and new equipment.

Carl Shiroma, Senior Elevator Consultant & Project Manager: Carl joined HKA in 2014. Carl has over 40 years of experience in the elevator industry. He has spent 25 of those years working for an elevator company and has held various positions in Hawaii and Southern California. Carl has worked in the field and has been involved in new product, service and modernizations sales. As a project manager for 15 years, he has been involved in creating specifications for service, modernization and new equipment. Mr.

Shiroma holds a Qualified Elevator Inspector license (QEI #4356) under the ASME A17.1 Safety Code for Elevators and Escalators.

Tom Birks, Consultant: Joined HKA in 2011. Tom has over 40 years of experience in all aspects of the elevator industry. He has a broad range of experience with all types of equipment, service sales, repairs, modernizations, new equipment, consulting and manufacturing. Projects he has managed include universities, hospitals, museums, government agencies, military facilities, airports, single hydraulic elevator buildings, mid-rise traction elevator buildings, high speed high-rise buildings and malls with escalators.

Tom is also a Qualified Elevator Inspector (QEI #4835) under the ASME A17.1 Safety Code for Elevators and Escalators.

Sean Kelly, Consultant: Joined HKA in 2013. Mr. Kelly has over 44 years of experience in the elevator industry. He has spent 20 of those years working as a field mechanic. He has worked in three st ates and four cities. Sean’s experience makes him a very versatile consultant. He has worked with many different types of elevator projects in his career so far. He has written specifications and surveyed projects in service, modernization, and new equipment. Mr. Kelly has held all types of licenses in his career from Contractors C11, CCCM and CCCC License in the state California. Sean is also a Qualified Elevator Inspector license (QEI #5072) under the ASME A17.1 Safety Code for Elevators and Escalato rs.

Robert Vinson, Consultant: Joined HKA in 2015. Mr. Vinson has been working in the elevator industry since 2000 in several various capacities, from field new installation mechanic and foreman and new installation adjusting and maintenance technician and repair mechanic. He has a vast amount of knowledge with different manufacturers, product types, markets and business aspects/segments. His responsibilities include construction administration and project management, maximizing building owners and manag ers vertical circulation service through maintenance audits, modernizations and repairs, and serving the interests of our clients. Robert holds a Qualified Elevator Inspector license (QEI #5520) under the ASME A17.1 Safety Code for Elevators and Escalators.

Jeff Rodriguez, Consultant: Joined HKA in 2016. Mr. Rodriguez has over 30 years of experience in all aspects of the elevator industry. His experience includes new construction of elevators and escalators, maintenance and repair of elevators and esca lators, as well as Service and Repair Operations Management experience. The majority of his field experience is in escalators and maintenance and repair.

Lee Chain, Northwest Territory Manager: Joined HKA in 2012. Lee has over 30 years of experience in all aspects of the elevator industry. She has a broad range of experience with all types of equipment, service sales, repairs, modernizations, new equipment and project management. Projects she has managed include office buildings, hospitals, hotels, university campuses, single hydraulic elevator buildings, mid -rise traction elevator buildings, high speed high rise elevator buildings and buildings with escalators.

Scott Powell, Draftsman/Designer: Joined HKA in 2014. Mr. Powell has over 40 years of elevator-related experience for virtually all building types, sizes and elevator applications. He has many years of experience as an elevator and escalator Designer. Scott’s responsibilities include the creation of drawings and other related documents for construction.

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Ted Ransons, Inspector. Joined HKA in 2019. Mr. Ransons has over 48 years of experience in all aspects of the elevator industry, including field operations and field management. In service and repair he started as a helper and worked his way to become a troubleshooter, adjustor and field engineer. He is proficient in field operations such as new equipment start-up, safety testing, elevator modernization and adjusting of hydraulic and traction elevators. He managed construction, repair, and service personnel as a superintendent.

Joe Orrico, Certified Elevator Inspector (QEI #369): Joined HKA in 1999 and was a Vice President of the Corporation until December, 2012. He is now semi-retired, but will continue to assist as a Qualified Elevator Inspector (QEI) on an as needed basis. Joe has over 44 years of elevator-related experience for virtually all building types, sizes and elevator applications.

HOW TO FIND US

California Office
HKA Elevator Consulting, Inc. Telephone: 949-348-9711 23211 South Pointe Drive Facsimile: 949-348-9751
Laguna Hills, CA 92653 e-mail: [email protected]

San Diego Office
HKA Elevator Consulting, Inc. Telephone: 949-582-4100
DBA: Scott Elevator Consulting
9863 Pacific Heights Boulevard
Suite A
San Diego, CA e-mail: [email protected]

Las Vegas Office
HKA Elevator Consulting, Inc. Telephone: 702-319-9711
3765 East Sunset Road, Suite B5
Las Vegas, NV 89120 e-mail: [email protected]

Seattle Office
HKA Elevator Consulting, Inc. Telephone: 206-954-1821
15811 32nd Avenue NE
Lake Forest Park, WA 98155 e-mail: [email protected]

Colorado Office
HKA Elevator Consulting, Inc. Telephone: 720.665.3029
501 S. Cherry
Las Vegas, NV 89120 e-mail: [email protected]

Florida Office (Coming Soon)
HKA Elevator Consulting, Inc. Telephone: 310.435.6353
Florida
e-mail: [email protected]

Minnesota Office
HKA Elevator Consulting, Inc. Telephone: 651.335.6169
DBA: Elevator Consulting Services
Lakeville, MN 55044 e-mail: [email protected]

WHEN WE WORK

Office Hours: Monday - Friday, 8:00 a.m. to 5:00 p.m. Pacific Time Project Hours: As Required to Meet Client Schedules
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

Experience:
2005 to Present - Principal and President of
HKA Elevator Consulting, Inc.

1990 to 2005 - Mitsubishi Electric &
Electronics, USA, Inc., Elevator & Escalator
Division, Service Manager, Branch
Manager, Superintendent and Various Field
Positions

1988 to 1990 - Otis Elevator Corporation,
Field Construction Department

1993 to 1998 - IUEC Instructor for Solid
State and Electronics

Education:

IUEC Apprenticeship - 1988 to 1992
CA State License Classes - 2001
Nevada State License Classes - 2004
CET Certification Testing - 2005

Affiliations:

State of California Contractors License from
2001 to Present

State of Nevada Contractors License from
2004 to Present

National Elevator Industry Education
Program Instructor, 1993 to 1998

Certified Elevator Inspector, ASME, Q.E.I.

No. C-3697

John Reynolds, Elevator Consultant/Principal and President HKA Elevator Consulting, Inc.

Responsibilities:

Mr. Reynolds has over 35 years of elevator-related experience for virtually all building types, sizes and elevator applications. He has a wealth of experience as an elevator and escalator mechanic, a supervisor, and, most recently, as a consultant for numerous projects. John’s responsibilities include general vertical transportation consulting activities for new construction projects and existing properties, specializing in mid-rise and high-rise commercial office, residential and institutional buildings where he performs traffic analyses, prepares contract documents, analyzes bids and executes contract administration. Mr. Reynolds holds contractors licenses in two states. He also holds a Qualified Elevator Inspector license (QEI) under the ASME A17.1 Safety Code for Elevators and Escalators.

Relevant Experience:

Office Buildings

10 UCP – 34 Stories, 25 Elevators
777 Tower, Los Angeles - 52 Stories, 32 Elevators and 2 Escalators, Maintenance Fox Plaza, Los Angeles - 32 Stories, 16 Elevators and 10 Escalators, Maintenance One America Plaza, San Diego - 19 Elevators, Construction and Maintenance MGM Tower, Los Angeles - 23 Elevators, Maintenance
Universal Studios, Los Angeles - Maintenance
Warner Brothers Studios, Burbank - 50 + units, Maintenance and Modernization Plaza Towers, Costa Mesa - 21 Stories, 10 Elevators, Construction and Maintenance Westwood Gateway, Los Angeles - 31 Elevators, Maintenance and Modernization Symphony Towers, San Diego – 16 Elevators, Maintenance and Modernization 450 B Street, San Diego – 6 Elevators, Modernization

Specialty

Chatsworth Courthouse, Chatsworth - 13 Elevators and 2 Escalators, Maintenance Antelope Valley Courthouse, Antelope Valley - 13 Elevators Bunker Hill Tower, Los Angeles - 32 Stories, 5 Elevators, Modernization La Tour Condominiums, Los Angeles - 25 Stories, 6 Elevators, Maintenance Remington Condominiums, Los Angeles - 24 Stories, 6 Elevators, Construction and Maintenance
Military – Camp Pendleton, 29 Palms, Coronado, MCRD
Palomar College

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Experience:
2012 to Present – Principal and Vice
President of HKA Elevator Consulting, Inc.

2009 to 2012 – Sr. Vice President of Power
Efficiency Corporation & Power Efficiency,
Asia

2007 to 2009 – Associate of HKA Elevator
Consulting, Inc.

2006 - Barker Mohandas LLC, Principal &
Consultant

2005 to 2006 - Int’l. Technical Services
Shanghai China, Vice President

2003 to 2005 - ThyssenKrupp Dongyang
Elevator, Chief Technology & Production
Officer, Seoul, Korea

2001 to 2003 - ThyssenKrupp Elevator,
Operations Manager and Regional Trainer,
Michigan & Wisconsin

1999 to 2001 – Computerized Elevator
Controls, Western Region Technical Sales &
Field Engineering Support Manager, Los
Angeles, CA

1979 to 1999 - Dover Elevator Co., Int’l.

Operations/Technical Manager, Field
Engineer, Adjusting & Construction Supt.,
Adjuster & Troubleshooter

Education:

Architecture - Lawrence Institute of
Technology, MI, 1975 to 1976
Mechanical Engineering - Holmes Junior
College, MS, 1976 to 1978
Mechanical Engineering - Central Michigan
University, 1978 to 1979
Lift Engineering - Northampton University,
England, MSc, 2005 to 2010

Affiliations:

National Association of Elevator Safety
Authorities (NAESA International) 2002 to
Present
Certified Elevator Inspector, ASME, Q.E.I. No.

C-2830
Member Council of Tall Buildings and Urban
Habitats
Alan Taylor, MSc - Elevator Consultant/Principal & Vice President HKA Elevator Consulting, Inc.

Responsibilities:

Mr. Taylor has over 40 years of experience in the elevator industry. He has spent 20 of those years working on international projects. He has lived in Asia and has firsthand elevator experience in over 34 countries. Alan’s experience makes him a very versatile consultant. He will work with architects and designers to build elevator solutions, conduct traffic analysis, write specifications and survey projects. Mr. Taylor holds a Master’s of Applied Science specializing in Lift Engineering and is also a Qualified Elevator Inspector (QEI) under the ASME A17.1 Safety Code for Elevators and Escalators.

Relevant Experience:

Office Buildings

OCPC, Orange County - 32 Elevators
Sunset Media, Hollywood – 6 Elevators
City of Beverly, Hills, Beverly Hill CA - 67 Elevators
Century City Center, Century City – 19 Elevators
5901 Sunset, Hollywood CA – 9 Elevators
Torres Puetra Reforma, Mexico City, Mx – 67 Elevators & 8 Escalators

Hotels

AC Hotel, San Jose CA – 4 Elevators
Wailea Marriott Beach Resort, Wailea Maui – 10 Elevators Hyatt Regency, San Francisco CA – 2 Elevators
Waterfront Hilton, Huntington Beach CA – 7 Elevators

Hospitals

Century City Hospital – Century City CA – 7 Elevators
Kaiser Hospital, Downey CA – 2 Elevators

Specialty

Petersen Auto Museum – 3 Elevators & 1 Auto Lift
Academy Museum of Motion Pictures, Los Angeles – 9 Elevators & 10 Escalators CSUN Oviatt Library, Northridge CA – 2 Elevators
US Embassies, Taipei, Mexico, Netherlands

Residential

The Village at USC, Los Angeles – 14 Elevators
Parcel Q Los Angeles – 22 Elevators 10 Escalators
Shoreline Gateway Long Beach – 4 Elevators
One BH Beverly Hills – 26 Elevators

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Experience:
2013 to Present - Elevator Consultant, HKA
Elevator Consulting, Inc.

2010 to 2012 – Service Superintendent
Kone Elevator, San Diego, CA

2003 to 2010 – President Omega Elevator,
San Diego, CA

2002 to 2003 – Otis Elevator Co. Territory
Manager, Orange County, CA

2000 to 2002 – Oliver & Williams Elevator
Co. (NAES Otis Elevator Co.), Operations
Manager, Los Angeles, CA

1997 to 2000 – Dover Elevator Service Sales
Manager, Los Angeles, CA

1995 to 1997 – Security Elevator (Dover
Elevator) Manager of Satellite Office,
Atlantic City, NJ

1982 to 1995 – Security Elevator (Dover
Elevator) Service Adjuster: PA, NJ, DE;
Service Mechanic: PA, NJ

1974 to1982 – Elevator Sales & Service &
Penn City Elevator Helper & Mechanic

Affiliations:

Certified Elevator Inspector, ASME, Q.E.I.

No. C-5072

Sean M. Kelly - Elevator Consultant
HKA Elevator Consulting, Inc.

Responsibilities:

Mr. Kelly has over 42 years of experience in the elevator industry. He has spent 20 of those years working as a field mechanic. He has worked in three states and four cities. Sean’s experience makes him a very versatile consultant. He has worked with many different types of elevator projects in his career so far. He has written specifications and surveyed projects in service, modernization and new equipment. Mr. Kelly has held all types of licenses in his career from Contractors C11, CCCM and CCCC License in the state California. Mr. Kelly holds a Qualified Elevator Inspector license (QEI #5072) under the ASME A17.1 Safety Code for Elevators and Escalators.

Relevant Experience:

Office Buildings

Curtis Center, Philadelphia, PA - 16 Elevators
Wanamaker Building - 23 Elevators
1608 Walnut Street, Philadelphia, PA - 4 Elevators

Hotels

Show Boat Casino, Atlantic City, NJ – 20 Elevators and 6 Escalators Trump Taj Mahal Casino, Atlantic City, NJ - 60 elevators and Escalators Claireage Casino, Atlantic City, NJ - 20 Elevators and Escalators Holiday Inn By the Bay, San Diego, CA - 10 Elevators
Rittenhouse Towers, Philadelphia, PA - 11 Elevators

Hospitals

Riddle Memorial Hospital, PA - 12 Elevators

Airports

Ontario Airport, Ontario, CA – 6 Elevators and 6 Escalators

Specialty

Disneyland, Anaheim, CA - 120 Elevators & Escalators
Getty Oil Refinery DE Coker Freight Elevator
Mobile Oil Refinery, NJ – 7 Elevators

Mass Transit

San Diego MTS, San Diego, CA – 4 Escalators and 10 Elevators

Retirement Communities

Dunwoody Estates Newtown Square, PA - 11 Elevators
Waverley Manor, PA – 11 Elevators

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Experience:
2021 - Present
Technical Director/
Senior/Associate Consultant
HKA Elevator Consulting, Inc.

2019 - 2021 North America New Installation
Product Manager
ThyssenKrupp Elevator

2014 - 2019
Mid- and High-Rise Product Lifecycle
Manager
ThyssenKrupp Elevator

2011 - 2014
North America Field Efficiency Manager
ThyssenKrupp Elevator

2001 - 2011
National Trainer/Field Support
ThyssenKrupp Elevator

1980 – 2011
Elevator/Mechanical/Technical Expert,
ThyssenKrupp Elevator
IUEC Mechanic/Adjustor
ThyssenKrupp Elevator

1985 – Present
Instructor/Workshop Leader, NEIEP
Provide training for apprenticeship program
locally as well as leading workshop seminars
for instructors.

Education:

Affiliations:

LEED Green Associate
National Elevator Industry Education
Program 1985 to Present
Certified Elevator Inspector, ASME, Q.E.I.

Donnie Bacak - Technical Director/Senior/Associate Consultant HKA Elevator Consulting, Inc.

Responsibilities:

Mr. Bacak has more than 40 years of experience in the elevator industry. He has spent much of his career in North and South America, Asia, Europe and Brazil, working alongside manufacturing and engineering to develop new technology and products for the vertical transportation market. He will work with architects and designers to build elevator solutions, conduct traffic analysis, write specifications and survey projects. Mr. Bacak has a background in product lifecycle and product strategy for new equipment and is a Qualified Elevator Inspector (QEI) under the ASME A17.1 Safety Code for Elevators and Escalators.

Relevant Experience:

Office Buildings
One World Trade Center, NY, NY – 71 Elevators, 12 Escalators 50 Hudson Yards, Ny, NY – 94 Elevators (40 TWIN elevator systems), 55 Hudson Yards, NY, NY – 27 Elevators, 12 Elevators/Escalators Shed Comcast, Philadelphia, PA – 37 Elevators, 2 Escalators
Wynn Las Vegas, Las Vegas, NV - 98 Elevators, 8 Escalators Encore at Wynn Las Vegas, Las Vegas, NV - 87 Elevators, 4 Escalators Fontainebleau, Las Vegas, NV - 102 Elevators, 23 Escalators Cosmopolitan Resort Casino, Las Vegas, NV - 82 Elevators, 18 Escalators M Resort, Las Vegas, NV – 21 Elevators, 4 Escalators
Bellagio Spa Tower, Las Vegas, NV – 23 Elevators, 2 Escalators

Hotels

Hospitals

Specialty
IQC Test Tower, Atlanta, GA
TKE Test Tower, Rottweil, Germany – MULTI, TWIN Elevator hoistways

Residential

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS City of Moreno Valley
Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

5 Putting People at the Center of Innovation
With a history that dates back over 100 years, IMEG Corp. grew from several firms coming together under one uniting vision: people -centered engineering. As a national engineering and design consulting company we’ve intentionally localized our focus to serve carefully chosen regions and markets, allowing us to put relationships and communities first, without sacrificing expertise.

Our specialties are high-performing build ing systems, infrastructure, program management and construction-related services, but our secret to success is found in our deep bench of 1,800 team members. For us, people-centered engineering is about more than the people we serve — it’s representative of the engaged employee culture we’ve worked hard to create. We believe in investing in our people and their professional futures through continuous training, community involvement and the ability to develop a niche specialty.

After all, that’s the whole reason we’re drawn to people-centered engineering: everyone wins. By utilizing a collaborative project approach that values our local relationships, national resources, and employee engagement, we’re able to produce high-caliber work through high-quality processes driven by our ONE IMEG culture.

Collaborative, Local Design Partners
IMEG engineers have a long track record of helping public institutions create facilities that are safe, secure, flexible, reliable, redundant and energy efficient. We have engineered nearly every type of municipal government facility, from administrative offices, maintenance facilities, public works, police, fire and village halls, to maintenance facilities, jails, transportation centers, parking ramps, waste and water treatment facilities, parks, zoos, and more. Our municipal work in cludes small and large scale projects, both renovation and new construction.

Market Sector
 Top 25 (#21) Government Sector Engineering Firm in the U.S  250+ clients (city, county, state)
 3,500+ projects with $25 billion in construction value

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Josh has more than 23 years of experience in mechanical engineering and project management. He has been responsible for the design and management of several projects, most of which as prime consultant to the project Owner. Project types include the municipal sector, including libraries, police stations, fire facilities and community centers; medical facilities; K-12 public schools; higher education facilities; and multifamily housing. His tasks include managing multiple discipline teams, designing working drawings, writing specifications, bid assistance, and construction management. His project experience also includes LEED/Commissioning, building automation systems, energy analysis and audits, central plant engineering and design, Title-24 compliance, regulatory agency approvals, and project cost estimates.

Project Highlights
• City of Alameda, CA, 1,265-sf Recreation Building Renovation • City of Daly City, CA, Westlake Library HVAC Replacement • City of Fairfield, CA, 6,000-sf New Community Center
• City of Manhattan Beach, CA, 10,500-sf Manhattan Beach Fire Station No. 2 • City of Moorpark, CA, 22,000-sf City Hall Tenant Improvement • City of Moreno Valley, CA, 45,900-sf Public Safety Building HVAC System Upgrade
• City of Moreno Valley, CA, Civic Center Amphitheater Energy Calculations • City of Ontario, CA, Ontario Convention Center Expansion Assessment • City of Santa Monica, CA, Fire Department Facility MEP Assessments • City of Yucaipa, CA, 22,500-sf New Police Station
• County of Riverside, Palm Springs, CA, New Electrical Services • Los Angeles Unified School District, Los Angeles, CA, Marlton Special Education Center Voluntary Barrier Removal Modular Elevator Addition • Riverside County Law Library, Riverside, CA, Victor Miceli Law Library Foundation HVAC and Power Upgrade
• San Bernardino County, Colton, CA, ARMC Sonic Irrigator Replacements • San Bernardino County, Needles, CA, Colorado Sheriff’s Station Remodel • San Bernardino County, Redlands, CA, Museum Humidification Addition Experience
23 Total, 9 with IMEG
Education
University of California Extension
Riverside, CA, Certificate in AutoCAD
Certifications
LEED AP BD+C, GBCI (25107)
Certified Commissioning Authority (1216-
1488), ACG
Affiliations
ASHRAE
USGBC Inland Empire
Josh Massey, LEED AP BD+C, CxA
Project Manager
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Daphne brings over 19 years of mechanical engineering experience in the design of various commercial, educational, industrial and correctional infrastructure and facilities projects. Her responsibilities include the complete supervision of all aspects of the engineering and design of the heating, ventilating, and air conditioning (HVAC) systems from initial design to project completion, final shop drawings and project punch list. She provides development of contract documents, specifications as well as client coordination, construction support. She is proficient in Trace 700 and EnergyPro softwares for load calculations and title 24 reports; BLCC for building life-cycle cost analysis; AutoCAD 2018, Microstation V8i and Revit MEP 2018.

Project Highlights
• Central School District, Rancho Cucamonga, CA, 10,000-sf New 2-Story Dona Merced Elementary School, Including 8 Classrooms, Utility Rooms, Elevator, and Stair Access
• City of Moreno Valley, CA, 45,900-sf Public Safety Building HVAC System Upgrade
• County of Riverside, Banning, CA, 2,900-Sf Cois M Byrd Detention Center Remodel
• County of Ventura, CA, Ventura County Medical Center Helipad Project • Inland Empire Health Plan, Rancho Cucamonga, CA, 7,000-sf Executive Boardroom Tenant Improvement
• Riverside County Law Library, Riverside, CA, Victor Miceli Law Library Foundation HVAC and Power Upgrade
• Riverside University Health System, Moreno Valley, CA, Critical Air Handler Replacement
• San Bernardino County, Colton, CA, Arrowhead Regional Medical Center Condenser Water Pump VFD Addition
• San Bernardino County, Needles, CA, Colorado Sheriff’s Station Remodel • San Bernardino County, San Bernardino, CA, 2,500-sf District Attorney Emergency Operations Center Renovation
• San Bernardino County, Yucaipa, CA, Building Renovations • San Bernardino County, Yucaipa, CA, Dunlop Park Site Improvements • Sunline Transit Agency, Indio, CA, 2,800-sf Indio Facility Tenant Improvement Experience
19 Total, 4 with IMEG
Education
University of Southern California, Los
Angeles, MS Mechanical Engineering
Beijing Polytechnic University, BS
Mechanical Engineering
Registrations
Professional Mechanical Engineer
California (34080)
Certifications
LEED Accredited Professional
Affiliations
ASHRAE
Daphne Huang, PE, LEED AP
Senior Mechanical Engineer
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Nestor has more than 31 years of electrical engineering experience for both new and existing municipal, education, corporate and healthcare facilities.

His responsibilities include construction cost estimating, specification writing, construction administration, bidding and negotiation, and all aspects of electrical engineering and design. Nestor has designed lighting, power, fire alarm, security, radio, intrusion alarm, paging, AV, communication, voice, and data distribution systems including fiber optic backbones and Category 6 copper to workstations. He has been responsible for the design of a number of projects including but not limited to municipal facilities, college campuses, clinics/hospitals, infrastructure upgrades and central plants.

Project Highlights
• Alameda Square, Los Angeles, CA, Building 2 Elevator Lobby • Central School District, Rancho Cucamonga, CA, 10,000-sf New 2-Story Dona Merced Elementary School, Including 8 Classrooms, Utility Rooms, Elevator, and Stair Access
• City of Moreno Valley , CA, City Hall Data Center HVAC • City of Moreno Valley, CA, 45,900-sf Public Safety Building HVAC System Upgrade
• City of Moreno Valley, CA, Box Springs Communications Tower • City of Moreno Valley, CA, City Hall EOC Generator
• City of Moreno Valley, CA, City Hall Exterior Improvements • Disneyland Resort, Anaheim, CA, Star Was Trading Post Elevator • Harbor UCLA Medical Center, Torrance, CA, Warehouse Elevator • Los Angeles Community College District, , Culver City, CA, WLAC ATA Bridge & B4/B5 Elevator
• Los Angeles Unified School District, Los Angeles, CA, Marlton Special Education Center Voluntary Barrier Removal Modular Elevator Addition • Riverside University Health System, Moreno Valley, CA, Critical Air Handler Replacement
• San Bernardino County, Colton, CA, ARMC Modernization of Four (4) Elevators including power removal and re-installation for the new equipment and fire alarm design
• San Bernardino County, Colton, CA, Two Elevator Modernizations - Arrowhead Regional Medical Center
• St. Mary Regional Medical Center, Apple Valley, CA, Elevator Modernization Experience
31 Total, 23 with IMEG
Education
California State University, Long Beach
BS Electrical Engineering
Registrations
Professional Engineer
California (E16934)
Affiliations
Institute of Electrical and Electronics
Engineers
National Society of Professional Engineers
California Society of Healthcare Engineers
ACE Mentor 1E Chapter Board Member
Nestor Ignacio, PE
Electrical Engineer
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS City of Moreno Valley
Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

6 Iskander Associates, Inc. is a California-based construction cost estimating and scheduling firm. In business since 1988, we maintain a talented pool of certified staff and independent consultants allowing the flexib ility and combined experience required to meet the needs of our nearly 300 completed projects state-wide. Among them are scores of public projects of ranging in size from small school modernizations to large state office buildings and prison facilities, along with hi storical renovations, seismic retrofits, and complete building rehabilitation.

Our firm has built a reputation throughout the state for accurate and timely work. This has afforded us the honor of working with the State of California. We believe that our combined experience, diversity and technology allow us to bring your project the best services available
Iskander A.R. Abdulla
I s k a n d e r A . R . A b d u l l a h a s m o r e t h a n t h i r t y years of experience in the coordination, administration, management of constructi on projects in the United States and overseas. In addition to his experience in Quantity Surveying, Mr. Abdulla has participated in Value Engineering, Cost Estimating and Cost Management on many projects. Mr. Abdulla is a civil engineer and also a lecturer on Advanced Estimating and Bidding at California State University in Lo ng Beach. Mr. Abdulla has a Nevada General contractor's license.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS City of Moreno Valley
Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

7 3. PRIOR RELATED EXPERIENCE
Provide a list of representative projects of similar scope and nature performed in the last five (5) years, particularly. Include a contact person for each representative project listed.

Marks Architects, Inc. and our team including HKA an d IMEG, recently completed the design and construction documents for co mplete elevator modernization for two projects at Arrowhead Regional Medical Center in Colton, California.

Project 1 included the modernization of tw o 7-story trauma elevators which had been failing frequently, in one case stranding a patient temporarily inside the elevator.

Project 2 included the modernization of all fo ur 7-story public elevators central to the vertical transportation throughout the hospital.

Both projects involved the replacement of dr ive systems, power converters, motors, self- leveling systems, traffic programs, emergenc y service operations, inspection systems, code blue systems, safety protocols, auto matic standby power operations, closed loop door operators, door protection devices, hoistway operating devices, emergency stop pit switch, car operating panels, emergency power car lighting with battery backup, hands-free phone, car position indicators, hall buttons, and hall direction lanterns.

Client: San Bernardino County
Contact: Monir Abdo, Sr. Project Manager, 909-387-5000, [email protected] Other Client references with addresses and telephone numbers:

City of Palm Springs
Marcus Fuller, Assistant City Manager
P.O. Box 2743
Palm Springs, CA 92263-2743
760.322.8380 | [email protected]

Mike Lytar, Associate Civil Engineer
P.O. Box 2743
Palm Springs, CA 92263-2743
760.902.4861 | [email protected]
SunLine Transit Agency
Jesse Frescas, Owner’s Representative
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
760.343.3456 | [email protected]

Rudy LeFlore, Project Manager
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
562.696.6996 | [email protected]
San Bernardino County
Deval Shah, Project Manager III
Project & Facilities Management Department
385 N. Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0184
909.387.5000 | [email protected]

Michael Maynard, Project Manager III
Project & Facilities Management Department
385 N. Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0184
909.387.5000 | [email protected]
San Bernardino County Sheriff’s Department
Joe Cordero, Facilities Director
655 East Third Street
San Bernardino, CA 92415-0061
[email protected]

Kenny Hansen, Facility Project Manager
655 East Third Street
San Bernardino, CA 92415-0061
909.387.0374 | [email protected]

HKA Elevator Consultants, Inc. has a track record of over 20 years of outstanding service with corporate roots in the industry founde d in 1963. A list of representative project experience follows.

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HOW WE WORK

Services are provided on a maximum "not-to-exceed" fixed fee, based on a defined scope of work.

Existing Properties: Fees for maintenance evaluations, due diligence or modernizati ons are quoted on a "per project" or “per unit” basis depending on the complexity of project, client requirements and the number of units.

New Construction: Fees are structured on a "per project" basis depending on the size and complexity of the vertical transportation systems. Fees may range from less than one percent to six percent of the vertical transportation construction costs.

RELATIVE EXPERIENCE

SELECT PROJECTS
Partial List of Projects Managed by HKA Consultants with HKA or while with Other Firms Complete, Under Construction or in Design

HOTELS

NEW CONSTRUCTION

7th & Island Hotels – San Diego, CA
677 5th Avenue – New York, NY
Aliante Station – Las Vegas, NV
Argyle Hotel – Hollywood, CA
Austin Bastrop Resort - Bastrop, TX
Bellagio Hotel & Casino - Las Vegas, NV
Bellagio Spa Tower - Las Vegas, NV
Beverly Wilshire Club – Beverly Hills, CA
Boulder Station Hotel Casino - Las Vegas, NV
Choctaw Hotel – Pocola, OK
Chumash Casino Resort – Santa Ynez, CA
Cosmopolitan Hotel Casino – Las Vegas, NB
Courtyard Marriott Gaslamp Hotel – San Diego
Crown Perth 3rd Hotel Addition – Perth, Australia
Delano Mondrian at Echelon – Las Vegas, NV
Delta Downs Hotel Expansion – Vinton, LA
Dragon Hill Lodge - Seoul, Korea
Durango Station – Las Vegas, NV
Encore at Wynn Las Vegas – Las Vegas, NV
Estancia - La Jolla, CA
Fairmont Hotel – Monterey, CA
Fontainebleau – Las Vegas, NV
Four Seasons - Baltimore, MD
Four Seasons - East Palo Alto, CA
Four Seasons - Jackson Hole, WY
Four Seasons - Sedona, AZ
Four Seasons – Vail, CO
Four Seasons – Sharm El-Sheikh, Egypt
Golden Nugget Hotel - Lake Charles, LA
Graciela Burbank Hotel - Burbank, CA
Grand Avenue Residential & Hotel – Los Angeles

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

Ala Moana Hotel – Honolulu, HI
Bally Hotel & Casino South Tower – Las Vegas
Caesars Harrah’s Hotel & Casino – Lake Tahoe
Caesar’s Palace – Atlantic City, NJ
Choctaw Hotel – Pocola, OK
Crystal Hotel – Compton, CA
Doubletree Hotel - Del Mar, CA
Downtown Grand (Lady Luck Hotel) – Las Vegas
Dragon Hill Lodge - Seoul, Korea
Four Seasons Biltmore - Santa Barbara, CA
Four Seasons Hotel - Newport Beach, CA
Hanalei Hotel - San Diego, CA
Harrah’s Hotel & Casino – Atlantic City, NJ
Hilton Garden Inn – Phoenix, AZ
Holiday Inn Hotel & Casino – Las Vegas, NV
Holiday Inn on the Bay - San Diego, CA
Holiday Inn Select - Los Angeles, CA
Hotel Irvine – Irvine, CA
Hyatt Aventine - La Jolla, CA
Island Colony Hotel – Honolulu, HI
Kauai Coconut Beach Resort - Kauai, HI
Lady Luck Hotel – Las Vegas, NV
Loews Santa Monica Beach Hotel – CA
Marriott Hotel - Torrance, CA
Manele Bay Hotel – Lanai City, HI
New Otani Hotel & Garden - Los Angeles, CA
Ramada Inn – Glenwood Springs, CO
Ramada Inn - San Francisco, CA
Residence Inn Hotel – Los Angeles, CA
Ritz Carlton – Chicago, IL
San Diego Gas Lamp Suites - San Diego, CA
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Graton Rancheria Casino – Rohnert Park, CA
Green Valley Resort - Henderson, NV
Seminole Hard Rock Hotel – Hollywood, FL
Sheraton Universal City - Los Angeles, CA
Hard Rock Hotel Expansion – Las Vegas, NV
Hard Rock Hotel – Palm Springs, CA
Hard Rock Hollywood LPT Tower – FL
Hard Rock Orient Garage – Tampa, FL
Hard Rock Pedestrian Bridge – Tulsa, OK
Hard Rock Tampa Garage & Casino Expansion
Hard Rock Tampa Tower – Tampa FL
Harrah’s Hotel & Casino - Bossier City, LA
Harrah’s Hotel & Casino - New Orleans, LA
Harrah’s Hotel & Casino - North Kansas City, MO
Harrah’s Hotel & Casino - Shreveport, LA
Harrah’s Hotel & Casino - St. Louis, MO
Harrah’s Rincon Hotel - Valley Center, CA
Hotel Nikko - San Francisco, CA
Hyatt Hotel at The Aventine - La Jolla, CA
Hyatt Regency at Coconut Point - Naples, FL
Hyatt Regency Hotel Expansion - San Diego, CA
Hyatt Regency Lake Las Vegas - Henderson, NV
Hyatt Regency Tamaya Resort - Bernalillo, NM
JUMP – Boise, ID
Lady Luck Hotel - Las Vegas, NV
Lago Resort Casino – Tyre, NY
LEGOLAND Hotel – Carlsbad, CA
Lizard Hotel – Los Angeles, CA
Marriott Hotel & Marina - San Diego, CA
Marriott Hotel – Marina del Rey, CA
Maruko Hotel @ LAX - Los Angeles, CA
Maryland LIVE Hotel Tower – Hanover, MD
Mirage Hotel & Casino - Las Vegas, NV
Mont Parnes - Athens, Greece
Mystic Lake Hotel Tower - Prior Lake, MN
New York, New York - Las Vegas, NV
Oceanside Beachfront Hotel – Oceanside, CA
Pacific City Hotel – Huntington Beach, CA
Palace Station Hotel - Las Vegas, NV
Palmetto Bluffs Resort – Bluffton, SC
Palomar Hotel – Palm Springs, CA
Paris Hotel/Casino & Eiffel Tower- Las Vegas, NV
The BLOC Sheraton Hotel – Los Angeles, CA
The Lowell Hotel - Beverly Hills, CA
Thompson Hotel – Beverly Hills, CA
Wailea Marriott – Maui, HI
West Coast Anaheim Hotel - Anaheim, CA
Westgate Hotel - San Diego, CA
Whittier Hilton Hotel - Whittier, CA

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Park Hyatt Hotel - San Francisco, CA
Pechanga Eagle 3 Casino - Temecula, CA
Pechanga Resort Hotel Addition – Temecula, CA
Pelican Hill Resort – Newport Beach, CA
Pinnacle - Lake Charles, LA
Pinnacle Hotel Casino – Baton Rouge, LA
Portman - San Francisco, CA
Red Rock Resort Casino - Las Vegas, NV
Resorts WORLD Las Vegas – Las Vegas, NV
Rio Suites Hotel & Casino - Las Vegas, NV
Ritz-Carlton Lake Las Vegas - Henderson, NV
Ritz-Carlton - San Antonio, TX
Ritz-Carlton - San Francisco, CA
Ritz-Carlton - Half Moon Bay, CA
Ritz-Carlton Bachelor Gulch - Beaver Creek, CO
Sacramento Downtown Plaza – Sacramento, CA
San Diego Gaslamp Hotel – San Diego, CA
Shoreline Conference Center - Palo Alto, CA
Squaw Creek Resort - Truckee, CA
Spirit Mountain Lodge - Willamina, OR
Stardust Hotel - Las Vegas, NV
Sugarcane Bay – Lake Charles, LA
Sunset Station - Henderson, NV
The BLOC Sheraton Hotel – Los Angeles, CA
The Montage - Laguna Beach, CA
The Montage - Beverly Hills, CA
The Montage Deer Valley – Park City, UT
The Plaza Las Vegas – Las Vegas, NV
Treasure Island - Las Vegas, NV
Trump International Hotel and Tower – Las Vegas
Waterfront Hilton Hotel - Huntington Beach, CA
Westin Kierland Resort - Phoenix, AZ
Wild Horse Pass - Sacaton, AZ
Wynn Cotai Resort – Macau, China
Wynn Resort - Las Vegas, NV

SPECIALTY
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NEW CONSTRUCTION

Apple Computers - Cupertino, CA
Barneys New York - Beverly Hills, CA
Bella Terra Mall - Huntington Beach, CA
Cirque du Soleil Theaters at Treasure Island,
Mirage, Bellagio, NY NY, MGM - Las Vegas, NV
Corcoran Museum of Art - Washington, D.C.

Cosmopolitan Theatre – Las Vegas, NV
Denver Art Museum Expansion - Denver, CO
Disneyland Moving Walk Study - Anaheim, CA
Disney World Tower of Terror Ride – Orlando, FL
Experience Music Project - Seattle, WA
Fox Studios Sports Broadcasting - L.A., CA
Getty Center Arts Museum - Los Angeles, CA
Getty Villa – Malibu, CA
Guggenheim Museum - Bilbao, Spain
Harold LeMay Museum - Spokane, WA
Jackson Rancheria Casino Expansion - CA
Kaiser Convention Center - Oakland, CA
Performing Arts Center - Dallas, TX
Promenade at Howard Hughes Center - L.A., CA
Qualcomm Stadium - San Diego, CA
Rio Convention Ctr. Exp. - Las Vegas, NV
San Diego Convention Ctr. Exp. - San Diego, CA
San Diego New Main Library - San Diego, CA
San Jose Joint Library - San Jose, CA
Seattle Public Library - Seattle, WA
Sony Studios Television Building -Culver City, CA
Sunset & Vine - Hollywood, CA
The Getty Villa - Malibu, CA
The Gift Center - San Francisco, CA
The Limited - Various Locations
Two Rodeo Drive - Beverly Hills, CA
U.S. Navy Design Manual
West Hollywood Gateway - Hollywood, CA
Wyly Theatre – Dallas, TX
Fresno Bee Museum – Fresno, CA
LA Live Hotel Convention Center – LA, CA
Staples Center – LA, CA
LA Convention Center – LA, CA
NFL Stadium – LA, CA

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

Bank of America, California Audit
Los Angeles Convention Center – L.A., CA
LAMTA - Los Angeles, CA
McDonald Douglas AISF - Los Angeles, CA
NDOT Tropicana Pedestrian Bridges -
Las Vegas, NV
San Diego Convention Center - San Diego, CA
Santa Monica Place - Santa Monica, CA
Sanwa Bank - Various Locations
Two Rodeo Drive - Beverly Hills, CA
Westside Pavilion - Los Angeles, CA
Mt. Wilson Solar Observatory Inspections
Queen Mary – Long Beach, CA

AIRPORTS

NEW CONSTRUCTION

Anchorage International Airport - Anchorage, AK
Denver International Airport - Denver, CO
Fairbanks International Airport - Fairbanks, AK
John Wayne Airport Transportation Ctr.- O.C., CA
Oakland Airport - Oakland, CA
San Jose International Airport – San Jose, CA
San Diego International Airport - San Diego, CA

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

Fairbanks International Airport - Fairbanks, AK
Reno Tahoe Airport – Reno, NV
San Diego International Airport - San Diego, CA

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HOSPITALS

NEW CONSTRUCTION

California Medical Center - Los Angeles, CA
Cedars-Sinai Medical Center - Los Angeles, CA
Emanuel Hospital - Portland, OR
Hollywood Presbyterian Hospital - L.A., CA
Kaiser Permanente Med. Ctr.- Panorama City, CA
Marin General Hospital - Greenbrae, CA
Mission Hospital Regional Medical Center -
Mission Viejo, CA
Nevada Cancer Center - Las Vegas, NV
Oregon Health Sciences University
Riverside General Hospital - Riverside, CA
Santa Monica Hosp. Med. Ctr.- Santa Monica, CA
Shriners Hospital - Los Angeles, CA
Shriners Hospital - Honolulu
St. Joseph's Hospital - Burbank, CA
St. Joseph's Hospital - Bellingham, WA
U.C.S.D., Thornton Hospital - San Diego, CA
U.C. San Diego Medical Center - San Diego, CA
Vaca Valley Hospital ER Room – Vacaville, CA

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

Camp Pendleton Navy Hospital - San Diego, CA
Cedars-Sinai Medical Center - Los Angeles, CA
Naval Hospital - Long Beach, CA
Naval Medical Center - San Diego, CA
Northridge Medical Center - Northridge, CA
Providence Seaside Hospital - Seaside, OR
Riverside Community Hospital - Riverside, CA
Westwood Medical Center - Los Angeles, CA

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GOVERNMENTAL AGENCIES

NEW CONSTRUCTION

American Institute - Taipei
Anchorage Courthouse Exp. - Anchorage, AK
BEQ P915, P916 - Twenty-Nine Palms, CA
BEQ #5 - Camp Pendleton, CA
BEQ Area 41 - Camp Pendleton, CA
BEQ Margarita #6 P046, P357 - Camp Pendleton
BEQ MARSOC P206/P208 - California
BEQ MARSOC W-Facilities - California
BEQ P726 - Camp Pendleton, CA
BEQ P1109, P1113 - Camp Pendleton
BEQ Recruit Barracks P1069 - Camp Pendleton
Camp Pendleton P114 MV22 Double Hanger
Children's Court Facilities - Los Angeles, CA
CNATT Area 22 P109 - Oceanside, CA
East County Hall of Justice - Dublin, CA
Emergency Operations Center - Los Angeles, CA
Exposition Park DPSS - Los Angeles, CA
Fairbanks Courthouse - Fairbanks, AK
Federal Office Building and Courts - Oakland, CA
Federal Office Building - San Diego, CA
LA Air Force Base Parking P3021 - El Segundo
Metropolitan State Hospital Admin. Bldg.- Norwalk
Mid City Police Station LAPD - Los Angeles, CA
Naval BEQ - San Diego, CA
Naval FISC - San Diego, CA
Naval Medical Center - San Diego, CA
Navy Building AET 3143 - San Diego, CA
North Island Naval Base - San Diego, CA
Pacific Beacon, Naval Base - San Diego, CA
Riverside County Jail - Riverside, CA
San Diego East County Reg. Ctr. - El Cajon, CA
San Diego Federal Courthouse - San Diego, CA
San Diego Justice Center - San Diego, CA
San Jose Civic Center - San Jose, CA
Santa Rosa Criminal Courthouse – CA
Skinner Ozone Retrofit - Temecula, CA
South Bay Regional Center - San Diego, CA
State of California - Statewide
Warrior in Transition Barracks & Complex - Oahu
West Los Angeles DPSS - Los Angeles, CA
Yolo County Woodland Courthouse - CA

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

Anchorage Federal Office Bldg. - Anchorage, AK
BEQ MCRD P293 & P294 - San Diego, CA
BEQ Coronado P742 - Coronado, CA
Beverly Hills Police Facility - Beverly Hills, CA
California Compton Courts - CA
California Metropolitan Court - Los Angeles, CA
CALTRANS Building - Los Angeles, CA
China Lake 14535 & 15725 - China Lake, CA
Clara Shortridge Foltz Courthouse - Los Angeles
Clark County - 309 S. 3rd St., Nevada
Clark County - 3rd Street Garage, Nevada
Clark County - 301 Park Place, Nevada
Clark County – Detention Center, Nevada
Clark County - Government Center, Nevada
Clark County - Cambridge Center, Nevada
Clark County - Regional Justice Center, Nevada
Dept. of Public Works - Los Angeles County, CA
East County Courthouse - San Diego, CA
East County Regional Center - San Diego, CA
Edmond Edelman Children’s Court - CA
El Dorado Courthouse - South Lake Tahoe, CA
Federal Correctional Facility - Victorville, CA
Federal Office Building - Los Angeles, CA
Federal Office Building - San Diego, CA
Fresno State Courthouse - Fresno, CA
GSA NLA Survey Roybal & Federal Bldg. – CA
GSA Region 9 - San Diego, CA
GSA Roybal Federal Courthouse - Los Angeles
GSA 230 N. 1st St. – Phoenix, AZ
L.A. Convention Center - Los Angeles, CA
L.A. County Multi-Facility Audit - Los Angeles, CA
L.A. County Hall of Justice - Los Angeles, CA
L.A. County 3rd Party Review - Los Angeles, CA
L.A. County Metropolitan Transit Authority
Modesto State Courthouse - Modesto, CA
Naval Air Station North Island - Coronado, CA
Naval Base Coronado P705 Fitness Center - CA
Naval BEQ - Point Loma, CA
Naval Medical Center - San Diego, CA
Naval Weapons Facility - China Lake, CA
Nevada Dept. of Transportation - Las Vegas, NV
Norwalk Courthouse - Los Angeles County, CA
Office of the State Architect - State of California
Old Main Post Office - San Diego, CA
Pasadena Superior Court - Pasadena, CA
Patriotic Hall - Los Angeles County, CA
Point Loma HQ Building 60 - San Diego, CA
Pomona Courthouse - Los Angeles County, CA
Port of San Diego - San Diego, CA
Riverside Justice Center - Riverside, CA
San Diego Port Admin. Building - San Diego, CA
San Francisco Hall of Justice 38-B1 - SF, CA
Stanley Mosk Courthouse - Los Angeles, CA
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COMMERCIAL OFFICES

NEW CONSTRUCTION

2000 Avenue of Stars - Los Angeles, CA
777 Tower Citicorp Plaza, II - Los Angeles, CA
Bank of America - San Diego, CA
450 N. Brand Blvd. - Glendale, CA
California Endowment Headquarters - L.A., CA
1021 E. Colorado Blvd. - Pasadena, CA
Corporate Center - San Diego, CA
Crown City Center - Pasadena, CA
Crown Tower – Perth Australia
Cypress Village – Irvine, CA
Embarcadero Center West - San Francisco, CA
Facebook Campus – Menlo Park, CA
First National Bank - San Diego, CA
Fox Studios Executive Offices - Beverly Hills, CA
Fox Studios Lot B Office Bldg. - Beverly Hills, CA
Fox Studios Sports Broadcasting - Beverly Hills
Genzyme Headquarters - Cambridge, MA
Google – Venice, CA
550 S. Hope Street - Los Angeles, CA
Hyundai Headquarters – Fountain Valley, CA
JR Simplot Office Building – Boise, ID
Marathon Plaza - San Francisco, CA
455 Market Street - San Francisco, CA
One Sansome Street - San Francisco, CA
Plaza Tower 2 – Greenwood Village, CO
Premier Automotive Group - Irvine, CA
Project Blue Sky – Los Angeles, CA
Qualcomm Buildings AA, L, N, W, - San Diego
Rockefeller Bellevue – Bellevue, WA
Sacramento Downtown Plaza – Sacramento, CA
State Farm Marina Heights – Tempe, AZ
Station Casinos Headquarters - Las Vegas, NV
Sunset Bronson Studios – Hollywood, CA
Team Disney Admin. Bldg. - Anaheim, CA
The Aventine - La Jolla, CA
The Crescent - Beverly Hills, CA
Tishman Office Center - Walnut Creek, CA
TOP SHOP Fashion Mall – San Diego, CA
TOP SHOP – Houston, TX
TOP SHOP – Atlanta, GA
TOP SHOP at the Americana – Glendale, CA
TOP SHOP Fifth Avenue – New York, NY
Tucson City Center - Tucson, AZ
Tyson Office Building - El Monte, CA
Westfield Century City Tower – Century City, CA
1000 Wilshire Blvd. - Los Angeles, CA

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

ARCO Towers - Los Angeles, CA
888 6th Street - Los Angeles, CA
The 511 Building - Portland, OR
525 'B' Street - San Diego, CA
530 'B' Street - San Diego, CA
600 'B' Street - San Diego, CA
Bayview Campus – Google – Santa Clara, CA
Blizzard Campus – Irvine, CA
3200 Bristol – Costa Mesa, CA
3838 N. Central Ave. – City Square – Phoenix, AZ
Central Plaza - Los Angeles, CA
Century Plaza – Century City, CA
Chevron Building - Ventura, CA
Del Amo Financial Center - Torrance, CA
Fashion Show Mall – Las Vegas, NV
First Interstate Bank Building - Phoenix, AZ
Fox Plaza – Century City, CA
Jamboree Center - Irvine, CA
1 & 6 Jenner – Irvine, CA
La Jolla Palms – San Diego, CA
3100-3120 Lake Center – Irvine, CA
MacArthur Court - Irvine, CA
MCI Center - Los Angeles, CA
550 Newport Center Dr. - Newport Beach, CA
610 Newport Center Dr. - Newport Beach, CA
620 Newport Center Dr. - Newport Beach, CA
Pacific Mutual Building - Los Angeles, CA
One American Plaza – San Diego, CA
Pac West Building - Portland, OR
Palm Court – Irvine, CA
Paramount Studios - Hollywood, CA
3, 4 & 5 Park – Irvine, CA
Redstone Plaza - Irvine, CA
Skyview Center – Los Angeles, CA
St. Joseph Medical Plaza - Orange, CA
6300 Sunset Blvd. - Los Angeles, CA
9021 Sunset Blvd. - Los Angeles, CA
500 Sutter Street - San Francisco, CA
Symphony Tower – San Diego, CA
Team Disney Admin. Building - Anaheim, CA
The Atrium - Irvine, CA
1111 Third Avenue – Seattle, WA
Union Bank Plaza - Los Angeles, CA
18400 Von Karman – Irvine, CA
18500 Von Karman – Irvine, CA
Warner Center Tower I & III - Woodland Hills, CA
Washington Mutual - Chatsworth, CA
Westwood Gateway - Los Angeles, CA
911 Wilshire Blvd. - Los Angeles, CA
2600 Wilshire Blvd. - Los Angeles, CA

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EDUCATIONAL

NEW CONSTRUCTION

California State University System - Statewide
University of California System – Statewide
Cal Poly Pomona Library - Pomona, CA
Case Western Reserve, Weatherhead School of
Business - Cleveland, OH
CSU Bakersfield – Bakersfield, CA
CSU Dominguez Hills Loker Student Union - CA
CSU Fullerton Housing - Fullerton, CA
CSU San Marcos Library - San Marcos, CA
E. Los Angeles High School #2 - Los Angeles, CA
Eastside High School - Lancaster, CA
L.A. Trade Tech College - Los Angeles, CA
L.A. Unified School District - Los Angeles, CA
Lorin Griset Elementary School - Los Angeles, CA
USC Residences - Los Angeles, CA
San Diego Community College District - CA
UC Davis Health Systems Education Bldg. - Davis,
CA
UCLA Broad Art Center - Los Angeles, CA
UC Merced Library - Merced, CA
UC Merced Science & Engineering - Merced, CA
UC San Diego EBU3b Science & Engineering
Building - San Diego, CA
UC San Diego Natural Sciences Building -
San Diego, CA
University of Southern California - Los Angeles
University of Southern California International
West L.A. College - Los Angeles, CA

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

Arizona State University, Tempe, AZ
California State University System - Statewide
University of California System - Statewide
CSU Fullerton - Fullerton, CA
CSULB Student Union - Long Beach, CA
CSULB Liberal Arts 5 Building - Long Beach, CA
CSULB SS/PA Building - Long Beach, CA
CSU San Diego - San Diego, CA
CSU San Marcos - San Marcos, CA
The San Diego Community College District
UC Riverside Olmstead Hall - Riverside, CA
University of Alaska - Fairbanks, AK

HIGH RISE RESIDENTIAL

NEW CONSTRUCTION

677 5th Avenue – New York, NY
1050 B St. – San Diego
Bakewell Brown Plaza - San Francisco, CA
Campus Center - Irvine, CA
Chinatown Mixed Use - Los Angeles, CA
Daniel Burnham Court - San Francisco, CA
Downtown Anaheim - Anaheim, CA
Fruitvale Transit Village - Oakland, CA
Hills Plaza Phase I - San Francisco, CA
Hilton Grand Vacations - Las Vegas, NV
Hilton Grand Vacations - Waikoloa, HI
Hyatt Classic Residences - La Jolla, CA
JUMP – Boise, ID
Las Vegas Central - Las Vegas, NV
Madison Towers - Las Vegas, NV
Marriott Grand Chateau - Las Vegas, NV
Marriott Newport Coast Villas-Newport Beach, CA
Marriott Shadow Ridge Villas -Desert Springs, CA
655 Montgomery Street - San Francisco, CA

EQUIPMENT EVALUATION, MODERNIZATION,

ADA, CONTRACT COMPLIANCE, SERVICES

IV Seasons North - Beverly Hills, CA
Barrington Plaza - Los Angeles, CA
Bunker Hill Tower - Los Angeles, CA
Century Park East - Century Park, CA
Francisco Torres UCSB - Santa Barbara, CA
Franklin Towers - Los Angeles, CA
Gas Company Lofts - Los Angeles, CA
Hollywood Plaza - Hollywood, CA
Marina City Club - Marina Del Ray, CA
Mission Bay Club - San Diego, CA
Molina Street Lofts - Los Angeles, CA
Park Plaza - Los Angeles, CA
Polo Towers – Las Vegas, NV
The Scripps Home - Pasadena, CA
Sea Cliff Shores - Santa Monica, CA
Sunrise Assisted Living - Laguna Hills, CA
Westwood Club - Westwood, CA

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Pacific Renaissance Plaza - Oakland, CA
Panorama Towers 1-3 - Las Vegas, NV
Park Hill - San Francisco, CA
The Park Lofts - San Diego, CA
Park Terrace - San Diego, CA
Park Wilshire - Los Angeles, CA
464 Prospect - La Jolla, CA
Renaissance Center - San Diego, CA
The Residences at MGM – Las Vegas, NV
Ritz-Carlton Bachelor Gulch Time Share- Vail, CO
Sky - Las Vegas, NV
St. Francis Place - San Francisco, CA
The Mark – San Diego, CA
Turnberry Place - Las Vegas, NV
Turnberry Towers – Las Vegas, NV
Westgate Condominiums - Los Angeles, CA

INTERNATIONAL

NEW CONSTRUCTION

American Institute – Taipei, Taiwan
Crescent Bay Plaza – Karachi, Pakistan
Crown Tower – Perth Australia
Dragon Hill Lodge – Seoul, Korea
Dubai International Financial Center – Dubai, United Arab Emirates Four Seasons Resort – Sharm El-Sheikh, Egypt
Guggenheim Museum – Bilbao, Spain
Marassi Residential Marina – El Alamein, Egypt
Mont Parnes – Athens, Greece
Qatar Education City – Doha, Qatar
SAGMC – Saudi Arabia
Uptown Cairo Mixed-Use Project – Cairo, Egypt
Wynn Cotai Resort – Macau, China

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Bellagio Resort Hotel & Casino • Las Vegas, Nevada
37 Story - 3,015 Rooms & 8-Level Parking Garage
48 Traction Elevators • 23 Hydraulic Elevators •16 Escalators • 4 Moving Walks Architects: Marnell Corrao Associates • DeRuyter O. Butler Architect Service Type: New Facility Design

Denver International Airport • Denver, Colorado
Six Level Main Terminal Building - Approximately 1,350,000 GSF Four Level Parking Structure - Approximately 3,100,000 GSF Office Building - Approximately 175,000 GSF
43 Traction Elevators •10 Hydraulic Elevators • 36 Escalators • 4 Moving Walks Architect: Fentress Bradburn Architects Ltd. Service Type: New Facility Design

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Guggenheim Museum • Bilbao, Spain
7 Passenger Traction Elevators • 1 Passenger Hydraulic Elevator 1 Service Traction Elevator • 1 Service Hydraulic Elevator Architect: Frank O. Gehry & Associates
Service Type: New Facility Design

Paris Hotel/Casino & Eiffel Tower • Las Vegas, Nevada
34 Story - 2,900 Rooms • 43 Traction Elevators • 11 Hydraulic Elevators • 8 Escalators 4 Unique Exterior Observation Elevators at Eiffel Tower Architects: Bergman Walls & Associates • Leidenfrost Horowitz & Assoc. • MBH Architects Service Type: New Facility Design

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Rio Suites Hotel/Casino • Las Vegas, Nevada
20 & 40 Story - 2,600 Rooms & 2 Parking Garages
29 Traction Elevators • 16 Hydraulic Elevators • 4 Escalators Architect: Marnell Corrao Associates
Service Type: New Facility Design

New York, New York Hotel/Casino • Las Vegas, Nevada
46 Story - 2,000 Rooms & 10-Level Parking Garage
32 Traction Elevators •15 Hydraulic Elevators • 6 Escalators Architects: Marnell Corrao Associates • Primadonna Resorts, Inc.

Service Type: New Facility Design
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777 Tower, Citicorp Plaza • Los Angeles, CA
52 Story - 1,100,000 GSF
23 Passenger Traction Elevators • 2 Service Traction Elevators • 2 Parking Shuttle Elevators 2 Escalators • 1 Hydraulic Shuttle Elevator • 4 Garage Traction Elevators Architect: Langdon Wilson Architects • Cesar Pelli & Associates Service Type: New Facility Design

Crown Tower • Perth, Australia
12 Traction Elevators • 10 Machine-Room-Less Elevators • 1 Hydraulic Elevator Architect: YWS Design & Architecture
Service Type: New Facility Design
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Experience Music Project • Seattle, WA
7 Elevators
Architect: Frank O. Gehry & Associates
Service Type: New Facility Design

The Getty Center • Los Angeles, CA
7 Buildings, 2 Parking Structures, Approximately 1,600,000 GSF 21 Traction Elevators •12 Hydraulic Elevators
Architect: Richard Meier & Partners
Service Type: New Facility Design

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Ritz-Carlton - Bachelor Gulch • Vail, CO
12 Story - 240 Rooms + 23 Condominiums
4 Passenger Traction Elevators • 2 Passenger Hydraulic Elevators 2 Service Traction Elevators
Architects: Hill Glazier Architects
Service Type: New Facility Design

Hyatt Regency, Lake Las Vegas • Henderson, NV
10 Story - 550+ Rooms • 4 Passenger Traction Elevators • 3 Service Traction Elevators 2 Back of House Service Hydraulic Elevators • 1 Wheelchair Lift Architects: Hill Glazier Architects
Service Type: New Facility Design

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Corporate Center
San Diego, CA
Hyatt Regency Montelago
Lake Las Vegas, NV
San Diego Justice Center
San Diego, CA
Wynn Las Vegas
Hotel Nikko
San Francisco, CA
Tucson City Center Tucson,
AZ
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Newport Center
Newport Beach, CA
Coast Savings
Los Angeles, CA
Sam’s Town
Las Vegas, Nevada
Seattle Central Library
Seattle, Washington
One Sansome Street
San Francisco, CA
455 Market Street
San Francisco, CA
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Polo Towers Century Plaza Towers
Las Vegas, NV Los Angeles, CA

Fox Plaza Fashion Show Mall
Century City, CA Las Vegas, NV

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Getty Villa Caesar’s Palace
Pacific Palisades, CA Las Vegas, NV

One American Plaza 1111 Third Avenue
San Diego, CA Seattle, WA

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Symphony Tower
San Diego, CA
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Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

8 4. WORK PLAN
Describe the approach to be taken in addressing the proposed scope of work. This description should include delineation of specific tasks to be undertaken in each project activity. Include a project schedule showing start and completion dates for specific tasks, including milestone dates and processing time for review by the City.

Marks Architects, Inc. and our subconsultants propose to provide the following basic services and task activities:

A. Survey Report Phase:

1. Make a detailed survey of the elevator involved to determine what systems are installed, the equipment condition, performance and reusability.

2. Provide a report including budget costs for various degrees of rehabilitation concentrating on the reuse of existing equipment, where possible, to provide the most cost-effective solution to suit the project's needs.

3. Provide review of ADA compliance.

4. Attend one meeting to discuss the report and options.

B. Modernization Document Phase:

1. Based on the Survey conclusions, and prio rities and budget developed in conjunction with the City, establish the design and detail of the elevator, entrances and operating fixtures, all considerations of the life safety program, security and other details, which will be covered in the construction documents.

2. Provide Modernization performance-type bidding construction documents suitable for obtaining bids from qualified companies and prepared to a document format acceptable to the City. The construction documents will incorporate all features outlined in the RFP and will include the highest applicable standards of operating and dispatching. Possible economies by use of pre-engineered units will be considered, if applicable.

C. Bidding Phase

1. Conduct pre-bid conference and job walk through with contractors to familiarize them with existing conditions and documents.

2. Assist with any questions that may arise during the bidding process pertaining to the contract documents.

3. Assist in preparation of bulletin or addendum documents.

4. Analyze the elevator bids and provid e a written report and recommendation of contract award.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS City of Moreno Valley
Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

9 D. Modernization Construction Phase Services:

1. Review elevator contractor's submittals such as shop drawings, product data and other submissions for the purpose of checking for conformance with the design concept expressed in the contract documents. Comments for appropriate action will be made and then returned to the City for final action.

2. Make one site visit to become generally familiar with the progress and quality of the work completed to date. Determine, in gene ral, if the work is being performed in a manner indicating that the work, when completed, will be in accordance with the contract documents.

3. Will participate in modernization conferen ce calls and virtual meetings as needed.

4. Make a final site visit upon completion to check performance standards and conduct tests to determine if the vertical transportation equipment complies with the contract performance requirements. Reports and itemiz ed punch-lists will be provided after each visit.

Schedule
A specific schedule for the entire project is challenged by the time it takes the City to execute a professional services agreement; the time it takes for plan review and approval; the time it takes for contractor selection and construction contract execution; and supply chain schedules for needed elevator components.

However, we propose the following design and documentation schedule based on our services provided from the date of contract execution:

Project Kick-off Virtual Meeting (MS Teams or Zoom) scheduled within .................. 2 weeks Existing Conditions Survey and Recommendations ................................................... 4 weeks Rough Order of Magnitude Cost Estimate for Recommendations .......................... 2 weeks Virtual Meeting to discuss Survey conclusions and City priorities and budget.......... 1 week 35% Document Completion Submittal ......................................................................... 3 weeks Cost Estimate ................................................................................................................. . 3 weeks City Review and Comments ........................................................................................ 2 weeks* 90% Document Completion Submittal ......................................................................... 5 weeks Final Cost Estimate .......................................................................................................... 4 weeks City Review and Comments ........................................................................................ 3 weeks* 100% Document Completion Submittal ....................................................................... 3 weeks Total Design and Document Phase Schedule ........................................................... 27 weeks *Overlaps time for cost estimate development.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS City of Moreno Valley
Request for Scope and Not to Exceed Fee
Professional Design Services for the Elevator Modernization At the Moreno Valley City Hall
December 6, 2022

10 5. FEE SCHEDULE
The consultant is requested to provide a “Not to exceed” cost (inclusive of all professional fees and expenses) for the entire project as outlined in the Work Plan. Include the hourly rate charges for each team member who may be involved in the project.

Marks Architects, Inc. is proud of the value and quality our team provides to the project and anticipates appropriate compensation for our expertise.

Our proposed All-Inclusive, Not-to-Exceed fee is ................................................ $152,200.00

Hourly Rates:

Marks Architects, Inc.

Principal Architect ........................................................................................................... ..... $300 Sr. Project Manager .............................................................................................................. $250 Project Manager ................................................................................................................... $200 Production Technician ......................................................................................................... $150 HKA Elevator Consultants, Inc.

Principal ..................................................................................................................... ............ $360 Consultant .................................................................................................................... ......... $330 Drafting ...................................................................................................................... ............ $200 QEI Inspector ......................................................................................................................... $275 IMEG Corp
(See attached hourly rates sheet)
Iskander Associates, Inc.

Principal ..................................................................................................................... ............ $250 Sr. Estimator ................................................................................................................. .......... $225 Estimator ..................................................................................................................... ........... $175 Technical Support ................................................................................................................. $125

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS IMEG CORP.

IMEG STANDARD HOURLY RATES*

ROLE RATE PER HOUR
Client Executive/Market Director $265
Project Executive $250
Senior Engineer Technical Specialist $230
Senior Engineer III $215
Senior Engineer II $190
Senior Engineer $170
Project Engineer II $155
Project Engineer $145
Engineer $135
Senior Designer Technical Specialist $195
Senior Designer III $180
Senior Designer II $165
Senior Designer $150
Project Designer II $145
Project Designer $130
Designer IV $120
Designer III $115
Designer II $110
Designer $105
Senior Virtual Design Coordinator $125
Virtual Design Coordinator $115
Virtual Design Technician $95
Administrative Assistant $85
Senior Construction Administrator $175
Construction Administrator $145
Senior Commissioning Authority/Engineer $190
Project Commissioning Authority/Engineer $155
Commissioning Authority/Engineer $120
Senior Medical Equipment Planner $195
Medical Equipment Planner $150
Medical Equipment Project Coordinator $100
Hourly Rates
*Adjusted annually. These rates are for staff
located in the office providing the rates. Staff
based in one of IMEG’s other offices may
have different billing rates. These rates can be
provided upon request.

Reimbursable Expenses:
• Invoiced with a 1.1 multiplier of actual cost,
including:
• CAD plots, reproductions and delivery costs
of drawings, specifications, and duplicate
reports beyond one set provided at each
normal stage of review
• Reproduction of drawings on Mylar media
• Plan review fees or imposed government
agency fees
• Premium delivery charges
• Meals and lodging when required to travel
overnight
• State filing and/or permit fees related to
energy life-cycle costs
• Travel expense: Automobile mileage will be
invoiced at the IRS rate in effect at the time
of travel. Travel expenses also include tolls,
parking fees, taxi, train, airfare, rental cars
(CD only), and other out of pocket expenses.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

EXHIBIT C

CITY - SERVICES TO BE PROVIDED

TO CONSULTANT

1. Furnish the Consultant all in- house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, copies of record and off-record maps and other record and off -record property data, right -of-way maps and other right -of-way data, pending or proposed subject property land division and development application data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.

2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the Consultant.

3. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.

EXHIBIT D

TERMS OF PAYMENT
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1. The Consultant's compensation shall not exceed $152,200.00.

2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley b usiness license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley b usiness license are located at: http://www.moval.org/do_biz/biz-license.shtml

3. The Consultant will electronically submit an invoice to the City along wi th documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progress payment shall be final. The consultant will submit all original invoices to Accounts Payable staff at [email protected]

Accounts Payable questions can be directed to (951) 413-3740.

4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

5. The minimum information required on all invoices is:

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A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount , or detailed billing information that is sufficient to justify the i nvoice amount; single, lump amounts without detail are not acceptable.

6. The City shall pay the Consultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

EXHIBIT E

INSURANCE REQUIREMENTS

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.

2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).

3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.

4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession.

Minimum Limits of Insurance

Consultant shall maintain limits of liability of not less than:

1. General Liability:

$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate

2. Automobile Liability:

$1,000,000 per accident for bodily injury and property damage

3. Employer’s Liability:

$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

4. Professional Liability (Errors and Omissions):

$1,000,000 per claim/occurrence
$2,000,000 policy aggregate

Umbrella or Excess Insurance

In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Deductibles and Self-Insured Retentions

Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured rete ntions as respects City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

Other Insurance Provisions

The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.

2. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.

3. Consultant’s insurance coverage shall be primary and no contribution shall be required of City.

The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.

2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.

3. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years fol lowing the expiration or termination of the Agreement.

4. A copy of the claims reporting requirements must be submitted to City for review.

5. These requirements shall survive expiration or termination of the Agreement.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non- renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

Verification of Coverage
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

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Attachment: 803 0059 Agreement for Consultant Services - Marks Architects, Inc. (6120 : APPROVE THE AGREEMENT WITH MARKS

Report to City Council

ID#6104 Page 1
TO: Mayor and City Council

FROM: Kenneth Reichle, Chief of Police

AGENDA DATE: February 21, 2023

TITLE: APPROVE AN INCREASE TO BMW MOTORCYCLES OF
RIVERSIDE ANNUAL PURCHASE ORDER FOR FY 2022 -
23 RECOMMENDED ACTION
Recommendation:

1. Authorize a change order to increase Blanket Purchase Order #2023 -274 to BMW Motorcycles of Riverside from $50,000 to $ 85,000 for FY 2022 -23 year- end expenses.

SUMMARY

This report is recommending an approval to increase Purchase Order #2023 - 274, for BMW Motorcycles of Riv erside from $50,000 to $85,000. This vendor provides routine maintenance and repairs to the fleet of motorcycles operated by the Traffic Division in the Moreno Valley Police Department. This vendor also provides repairs to the motorcycles when unforeseen damages occur.

DISCUSSION

The Moreno Valley Police Department creates an annual blanket purchase order to cover costs for maintenance and repairs needed to properly maintain the fleet of motorcycles operated by the Traffic Division. When this purchase order was initially created, the three -year average for repair costs was approximately $47,000.

Considering the approval to purchase three (3) new BMW motorcycles in May 2022 for the three (3) additional motor deputies, it was anticipated that we A.16
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would have received the motorcycles within the first quarter of the FY 2022 -

23. However, due to supply chain issues, the City has only received one (1) of three (3) of the BMW motorcycles as of February 5, 2023. Staff also ordered three (3) Honda Africa Twin police m otorcycles as part of the City Council approved replacement program. Honda is also experiencing a delay.

This unexpected lag in receipt of the new motorcycles has kept older, spare motorcycles in regular patrol and training use. The spare motorcycles have excessive mileage, requiring additional maintenance. When all six (6) motorcycles are in use, maintenance and repair costs will decrease.

The current Purchase Order has also been strained by necessary damage repair. Two motorcycles sustained damage while in use this fiscal year, which required repairs above regular wear (Asset #400362 and #400380). Two other spare motorcycles required repairs to elevate their condition to meet the standard required by LAPD’s basic motorcycle academy. The LAPD academy is att ended by new motor deputies for training and testing to qualify as a motor deputy.

ALTERNATIVES

1. Approve the increase to Purchase Order #20 23-274 to $ 85,000 to cover estimated costs associated with maintenance and repairs to the motorcycle fleet. Staff recommends this alternative.

2. Do not approve the increase to Purchase Order # 2023-274 to $85,000 to cover estimated costs associated with maintenance and repairs to the motorcycle fleet. Staff does not recommend this alternative.

FISCAL IMPACT

The Moreno Valley Police Department will be absorbing these costs into the FY 2022-23 budget allocations.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Chad Craig Ken Reichle
Sergeant - Traffic Division Chief of Police

Concurred By:

Howard Hibbler
Lieutenant

Shanna Palau
Sr. Contracts Analyst
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CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incident s, and provide protection for citizens who live, work and visit the City of Moreno Valley.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

None

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 7:55 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 9:27 AM A.16
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Report to City Council

ID#6102 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Work Director/City Engineer

AGENDA DATE: February 21, 2023

TITLE: PA03-0086 (TRACT 31592) - EXECUTE QUITCLAIM

DEEDS TRANSFERRING THE CITY'S TITLE INTEREST IN

STORM DRAIN EASEMENTS TO THE RIVERSID E

COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT. DEVELOPER - KB HOME

CALIFORNIA, LLC

RECOMMENDED ACTION
Recommendations:

1. Authorize the City Manager to execute the Quitclaim Deeds transferring all of the City’s rights, title, and interest in and to the storm drain easements recorded on Tract 31592, recorded in Map Book 461, Pages 57 through 80 inclusive, in the Official Records of Riverside County, California and by separate instrument DOC#2018-0326762, to the Riverside County Flood Control and W ater Conservation District (RCFC&WCD).

2. Direct the City Clerk to forward the signed Quitclaim Deeds to the Riverside County Flood Control and Water Conservation District for further processing and recordation.

SUMMARY

This report recommends the execution of quitclaim deeds of storm drain easements within Tract 31592 for future operation, maintenance, repair, and improvement of their storm drain facilities known as Sunnymead Master Drainage Plan ( MDP) Vista Lane Storm Drain, Stage 1. The quitclaim deeds will transfer the City’s right, title, and interest in the storm drain easements to RCFC&WCD.

DISCUSSION

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As a condition of approval for Tract 31592, located at the end of Covey Road east of Perris Boulevard (Attachment 1), the project developer was requir ed to construct storm drain improvements. On September 6 , 2017, a Cooperative Agreement between RCFC&WCD, the City of Moreno Valley, and KB Home California LLC was recorded for Tract 31592. Per the Cooperative Agreement, RCFC&WCD is to maintain the storm drain within the storm drain easement area within Tract 3 1592 and the detention basin designated as Lot D on Tract 31592. The storm drain easements were dedicated to the City on the recorded map and by separate instruments. Construction of the project h as been completed and RCFC&WCD is ready to take over maintenance of the storm drain facility.

The City has received a request from the RCFC&WCD to quitclaim the referenced storm drain easement and detention basin within Tract 31592, in accordance with the Cooperative Agreement (Attachment 2). The quitclaim deeds (Attachment 3) transfers the City’s title interest in the storm drain easements for Sunnymead MDP Vista Lane Storm Drain, Stage 1 to RCFC&WCD in order to allow the RCFC&WCD to operate and maintain the drainage facilities located within said storm drain easements.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report.

Staff recommends this alternative as this alternative will allow for proper maintenance of the storm drain facilities by the RCFC&WCD.

2. Do not approve and do not authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as this alternative would not allow for proper maintenance of the storm drain facilities by the RCFC&WCD.

FISCAL IMPACT

No fiscal impact is anticipated.

NOTIFICATION

Publication of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Clement Jimenez, P.E. Melissa Walker
Principal Engineer Public Works Director/City Engineer

CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

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CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Attachment 1 - Vicinity Map

2. Attachment 2 - Cooperative Agreement TM 31592

3. Attachment 3 - Quitclaim Deeds

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 11:48 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 11:51 AM A.17
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CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT
PA03-0086
(TM 31592)
Project Site
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Attachment: Attachment 2 - Cooperative Agreement TM 31592 (6102 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING A.17.b
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Report to City Council

ID#6081 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Work Director/City Engineer

AGENDA DATE: February 21, 2023

TITLE: PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT

IMPACT FEE (DIF) IMPROVEMENT CREDIT AGREEMENT
#D23-001 FOR AUBURN RESIDENTIAL DEVELOPM ENT

LOCATED AT THE NORTHWEST CORNER OF BAY
AVENUE AND MORENO BEACH DRIVE. DEVELOPER: KB
HOME COASTAL, INC.

RECOMMENDED ACTION
Recommendations:

1. Accept and approve the Development Impact Fees Improvement Credit Agreement #D23-001 (DIF Agreement) for PEN19-0168 improvements.

2. Authorize the City Manager to execute the DIF Agreement.

SUMMARY

This report recommends approval of a DIF Agreement for PEN19 -0168 (TR 32408) with KB Home Coastal Inc. The developer of Tract 32408 is required to construct the arterial streets, Moreno Beach Drive and Cottonwood Avenue, that are designated DIF streets in the City’s DIF Nexus Study as well as a traffic signal located at the intersection of Moreno Beach Drive and Bay Avenue. The developer’s maximum credit amount is based on the least of the DIF Nexus Study Costs, the Engineer’s Cost Estimate, and the DIF Fee Obligation.

DISCUSSION

The Developer is approved to construct 78 single -family residential units on approximately 29 acres located at the northwest corner of Bay Avenue and Moreno Beach Drive (See Attachment 1). The City’s Municipal Code, Chapter 3.38, “Residential Development Impact Fees” requires the Developer to pay DIF. The DIF covers the A.18
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Developer’s fair share of the costs to construct improvements that help mitigate the traffic impacts and burdens generated by the project on the City’s network of arterial streets and traffic signals.

As part of the project conditions of approval, the Developer will be constructing required DIF-related public improvements. Section 3.38.150 of the City’s Municipal Code allows the Developer to receive a credit for qualifying public improvements made to the designated arterial street(s) and traffic signal(s). Moreno Beach Drive and Cottonwood Avenue are designated streets in t he City’s DIF Nexus Study. A new traffic signal shall be installed at the intersection of Moreno Beach Drive and Bay Avenue. The developer of project PEN19-0168 is required to construct public improvements at these locations.

The Developer is eligible to receive DIF Credit for specific improvements identified in the DIF Nexus Study . Qualifying DIF improvement costs include roadway excavation, imported borrow, clearing and grubbing, water supply development, subgrade preparation, asphalt concrete, aggrega te base, curb and gutter, sidewalk, drainage and low impact development improvements, retaining wall, water quality and erosion control, environmental mitigation, street light, striping, pavement markings and markers, signage, concrete, construction mobili zation, construction traffic control, right of way, utility relocation, and traffic signal related improvements.

Per the DIF Agreement, the initial credit is the least of the DIF Nexus Study Costs, Engineer’s Cost Estimate, and DIF Fee Obligation. Refer to Exhibit “C” – DIF Credit Calculation Table of the DIF Agreement (See Attachment 2). The maximum DIF Credit for this project is $275,633 for the Arterial Street component and $58,344 for the Traffic Signal component of the DIF.

ALTERNATIVES

1. Approve and accept the recommended actions as presented in this staff report. Staff recommends this alternative to help achieve the construction goals as identified within the DIF Nexus Study.

2. Do not approve and do not accept the recommended actions as presented in this staff report. Staff does not recommend this alternative as it would result in not achieving the construction goals as identified within the DIF Nexus Study.

FISCAL IMPACT

There is no fiscal impact.

NOTIFICATION

Publication of agenda.

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PREPARATION OF STAFF REPORT

________________________________ __________________________________ Prepared By: Department Head Approval:

Hoang Nguyen, P.E. Melissa Walker, P.E.

Associate Engineer II Public Works Director/City Engineer

________________________
Concurred By:

Clement Jimenez, P.E.

Principal Engineer

CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Vicinity Map - PEN19-0168 (TR 32408)

2. DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408)

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 7:47 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 9:23 AM A.18
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CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT

PEN19-0168 (TR 32408)
Final Map

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Attachment: Vicinity Map - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE (DIF)

1 DEVELOPMENT IMPACT FEES

IMPROVEMENT CREDIT AGREEMENT
NUMBER D23-001
PEN19-0168 (TR32408)

This Development Impact Fees Improvement Credit Agreement is made and entered into as of the date the City signs this Agreement, by and between the City of Moreno Valley, a municipal corporation, hereinafter referred to as “City” and the undersigned Developer, hereinafter referred to as “Developer.”

RECITALS
WHEREAS, Developer and City have entered into a n Agreement for Public Improvements (attached hereto as Exhibit “A”), dated __________, which Agreement for Public Improvements sets forth all obligations of the Developer for Public Improvements that a re a condition of approval for the above -titled development (hereinafter referred to as the “Project”), some of which may be eligible for Development Impact Fees (hereinafter referred to as “DIF”) Credit under this Agreement; and

WHEREAS, the City of Moreno Valley Municipal Code Chapter 3.38 “ Residential Development Impact Fees” and Chapter 3.42 “Commercial and Industria l Development Impact Fees” requires Developer to pay the DIF for projects identified in the most recently adopted DIF study (hereinafter referred to as “DIF Obligation”) which covers the Project’s fair share of the costs to construct improvements that help mitigate the impacts A.18.b
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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE

2 and burdens on the City’s local systems generated by the Project and that are necessary to provide City services and protect the safety, health, and welfare of residential and non-residential users; and

WHEREAS, certain improvements set forth in the Agreement for Public Improvements are also identified in the City’s DIF Program as improvements that are to be funded from DIF, which identified improvements are set f orth in Exhibit B attached hereto and hereby incorporated by reference a nd are hereinafter referred to as the DIF Improvements; and

WHEREAS, if the City or some other third party constructs the DIF improvements set forth in the Agreement for Public Impro vements prior to Developer , then this Improvement Credit Agreement shall become null and void and the Developer shall be required to pay the full DIF Obligation of the Project; and

WHEREAS, the City and Developer now desire to enter into this Improvement Credit Agreement to provide a means by which the Developer may receive a Credit for required DIF improvements actually constructed by the Developer for the subject Project subject to the terms and limitations set forth in this Agreement.

NOW, THEREFORE, f or the purpose s set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and City hereby agree as follows:

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3 1.0 General Provisions.

1.1 Incorporation of Recitals. The Parties hereby affirm the facts and provisions set forth in the above Recitals and agree to their inco rporation herein as though set forth in full.

1.2 Incorporation of the Agreement for Public Improvements. The Parties hereby affirm the terms, conditions and requirements set forth i n the Agreement for Public Improvements (Exhibit “A”) and agree to their incorporation herein as though set forth in full.

2.0 DIF Obligation.

2.1 Developer’s DIF Obligation. Developer hereby agrees and accepts that , as of ______________, the Developer is ob ligated to pay DIF for the Project to City in the amount of One Million One Hundred Ninety One and Twenty One Dollars ($1,191,021.00) of w hich ($ 275,633) is for the DIF Arterial Component and ($58,344) is for the DIF Traffic Signal Component. (hereinbefore and hereinafter referred to as the “DIF Obligation”).

2.2 Effect of Agreement. Notwithstanding anything in this Agreement, Developer acknowledges that the DIF Obligation is established by the provisions of the City of Moreno Valley Municipal Code Chapter 3.38 “Residential Development Impact Fees,” or Chapter 3.42 “Commercial and Industrial Development Impact Fees,” and that A.18.b
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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE

4 this Agreement does not alter, limit, increase or reduce the obligations under those code sections nor prevent City from adjusting or correcting the DIF Obligation amount to conform to the requirements of the Municipal Code.

3.0 DIF Credit Limitations.

3.1 Calculation of DIF Credit. Pursuant to City of Moreno Valley Municipal Code Section s 3.38.150 “Credit for Improvements Provided by Developers” (residential), or 3.42. 110 “Credit for Improvements Provid ed by Developers” (commercial and industrial), and in accordance with the City’s Development Impact Fee Credit and Reimbursement Policy, as adopted by the City Council on August 26, 2008, (the “Credit and Reimbursement Policy”) and in consideration of Developer’s obligations under the Conditions of Approval for the Project and the Agreement for Public Improvements to construct the DIF improvements, the maximum amount of DIF Credit that shall be applied by City to offset the DIF Obligation shall be as defined in Sections

4.0 of this Agreement and the Credit and Reimbursement Policy.

3.2 Effect of Agreement. Notwithstanding the foregoing, Developer acknowledges that the amounts of DIF Credits are established by the provisions of the City of Moreno Valley Muni cipal Code and the DIF Credit and Reimbursement Policy and this Agreement shall not prevent City from adjusting or correcting the DIF Credit amounts set forth in this Agreement to conform to the requirements of the Municipal Code and the Credit and Reimbursement policy.

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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE

5 4.0 DIF Credit

4.1 Maximum DIF Credit. City shall apply DIF C redit to offset , in whole or in part, the Project’s DIF Obligation. The maximum amount of DIF Credit that shall be applied by City to offset the DIF Obligation shall be equal to the least of: (A) the City Engineer’s Estimate of the actual cost of the DIF Improvements (hereinafter collectively referred to as “ Engineer’s Estimate”), or (B) project costs as identified in the DIF study in effect at the time of the issuance of a bu ilding permit, or (C) the actual DIF Obligation. In no event shall a DIF Credit exceed the actual DIF Obligation.

4.2 DIF Credit Offset to DIF Obligation . The DIF Credit shall be applied at the time DIF obligation is due and payable . If the project is to be developed by phases, by specific units, or by specific b uildings, DIF Credit shall be applied according to a Public Improvements Phasing Schedule approved by the City and attached and incorporated to this agreement.

4.3 Submittal Timeframe . The Dev eloper shall submit to the City Engineer any and all documentation the Developer deems relevant in substantiating the claim for DIF Credit for the DIF Qualifying Improvements to be constructed by the Developer. Such documentation may include contracts , bids, estimates, or any other relevant documents pertaining to t he actual cost of the Qualifying Improvements. The City Engineer shall take into consideration , but shall not be bound by, any such documentation submitted by the Developer in formulating the E ngineer’s Estimate. All such documentation shall be submitted by the Developer to the City Engineer no later A.18.b
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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE

6 than ninety (90) calendar days prior to the date for payment of DIF for the project. The City Engineer will use his or her best efforts and professional judgment in formulating an Engineer’s Estimate and shall endeavor to provide said estimate to the Developer in writing within sixty (60) calendar days after submittal of the last document submitted by the Developer.

4.4 DIF Credit Calculation (completed by City).

As of the date hereof, the amount of DIF Cr edit for which Developer is potentially eligible is set forth in Exhibit C “DIF Credit Calculation Table ” attached hereto and hereby incorporated by reference.

4.5 Reconciliation - Final DIF Cr edit. If the dollar amount of the actual DIF Credit is less t han the amount of the actual unpaid DIF Obligation (hereinafter referred to as “DIF Balance”), the City shall notify the Developer in writing of the amount of the DIF Balance and Developer shall pay the DIF Balance to fully satisfy the DIF Obligation at the time DIF payments are due . If the dollar amount of the actual DIF Credit exceeds the amount of the actual DIF Obligation, Developer will be deemed to have fully satisfied the DIF Obligation . If the Developer has actually paid DIF and completed DIF Impr ovements, but has not received full DIF Credit for which the Developer would have been otherwise eligible under the DIF Credit and Reimbursement Policy, t he Developer may be eligible for a Reimb ursement Agreement, to the extent applicable, as provided in a separate Development Impact Fees Improvement Reimbursement Agreement.

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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE

7 4.6 Credit Transfer for Unfunded DIF Reimbursement Eligibility.

To the extent that Developer has Reimbursement Eligibility Amounts which are both unpaid and unfunded by the City and wh ich have not expired under the ten (10) year limitation set forth in the Development Impact Fee Credit and Reimbursement Policy No. 3.24, Section F – Time Limitation, Developer may apply to receive partial or full DIF Credits for the same component of DI F on another development project within the City owned or controlled by that Developer and which has received all necessary approvals, on a dollar for dollar basis. Written application shall be made to the City and Developer shall provide any and all docu mentation and other information the City may reasonably request. The City shall not unreasonably withhold approval of such a Credit Transfer.

5.0 No Interest. Developer shall not be entitled to any interest, or any other cost or time value adjustment, for DIF paid to the City whether or not subsequently credited under Section 4.6 or reimbursed.

6.0 Term of Agreement. For purposes of Reimbursement Eligibility and Credit Transfer, this Agreement shall remain in effect for a period not to exceed ten (10) years from the date of execution by the City.

7.0 General.

7.1 Assignment. Except as specifically set forth in this Agreement, this Agreement shall not be assigned by any Party without the prior written consent of the non -assigning Party, which conse nt shall not be unreasonably withheld. All A.18.b
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8 assignees and successors in interest shall assume and become obligated to perform all obligations and be entitled to all benefits of the original Party.

7.2 Amendment. This Agreement may only be amended in wr iting signed by the Parties.

7.3 Law, Venue and Jurisdiction. This Agreement shall be governed by the laws of the State of California. Venue and Jurisdiction of all matters arising out, pertaining to, or in any way related to this Agreement shall be v ested in the Superior Court of the State of California, in and for the County of Riverside, California.

7.4 Notices. Any notices to be given pursuant to this Agreement shall be in writing and delivered by First Class Mail addressed to the Parties as follows:

City: City Engineer
City of Moreno Valley
Post Office Box 88005
Moreno Valley, California 92552-0805
Developer: KB Coastal, Inc.
36310 Inland Valley Drive, Suite 300
Wildomar, Ca 92595

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9 7.5 Entire Agreement. This Agreement is the final, complete and exclusive statement of the Agreement of the Parties with respect to the subject matter hereof and supersedes and replaces any prior oral or wri tten agreements between the Parties addressing the same subject matter.

(SIGNATURE PAGE TO FOLLOW)
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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE IN WITNESS WHEREOF, the Parties hereto have caused their authorized representatives to execute this Agreement.

CITY OF MORENO VALLEY,
a California municipal corporation

By: _________________________________
Mike Lee, City Manager
Its: __________________________________

Date: ________________________________

APPROVED AS TO FORM:

City Attorney

Date: _____________________________

(Name of Developer)
a _______________________________
(legal capacity of Developer)

By: _______________________________

Its: _______________________________

Date: ____________________________

By: _______________________________

Its: _______________________________

Date: _____________________________

SIGNING INSTRUCTION TO THE DEVELOPER:

All signatures on the Contract Agreement on behalf of the Developer must be acknowledged before a notary public. In the event that the Developer is a corporation, the president or vice- president plus the secretary of/or an assistant secretary of the corporation must sign. Corporate seal may be affixed hereto.

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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE

DEVELOPMENT IMPACT FEES
IMPROVEMENT CREDIT AGREEMENT, NO. D23-001
PEN19-0168 (TR 32408)
Revised 092508

EXHIBIT “A”

PUBLIC IMPROVEMENT AGREEMENT

WITH BONDS

(ATTACHED BEHIND THIS PAGE)

EXHIBIT “A”
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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE EXHIBIT “B”

ENGINEER'S ESTIMATE OF DIF IMPROVEMENTS

MORENO BEACH DRIVE

CONSTRUCTION ITEM QUANTITY UNIT
UNIT

PRICE TOTAL

Roadway Excavation 1,765 C.Y. 30.20 53,303

Aggregate Base Class II
Thickness (ft.) 1
Area (sf) 17,337 642 C.Y. 47.23 30,322

Asphalt Concrete
Thickness (ft.) 0.5
Area (sf) 17,337 628 Ton 91.53 57,481

Curb and Gutter - 8" 139 L.F. 459.40 63,857
Median Curb Type
8A 47 C.Y. 459.40 21,592
Sidewalk-6’ 73 C.Y. 696.55 50,848
Striping 2,326 L.F. 8.90 20,701
Signs 1 L.S. 3,300 3,300
Street Light 5 EA. 8,500 42,500
Traffic Control 1 L.S. 28,000 28,000
TOTAL $ 371,903

EXHIBIT “B”

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EXHIBIT “B”

ENGINEER'S ESTIMATE OF DIF IMPROVEMENTS

COTTONWOOD AVENUE

CONSTRUCTION ITEM QUANTITY UNIT
UNIT

PRICE TOTAL

Roadway Excavation 972 C.Y. 30.20 29,354

Aggregate Base Class II
Thickness (ft.) 1
Area (sf) 20,230 562 C.Y. 47.23 26,543

Asphalt Concrete
Thickness (ft.) 0.45
Area (sf) 20,230 660 Ton 91.53 60,410

Curb and Gutter - 8" 50 L.F. 459.40 22,970
Sidewalk-6’ 61 C.Y. 696.55 42,141
Striping 1,200 L.F. 8.90 10,680
Signs 1 L.S. 2,100 2,100
Street Light 4 EA. 8,500 34,000
Traffic Control 1 L.S. 5,000 5,000
TOTAL $ 233,199

EXHIBIT “B”

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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE

EXHIBIT “B”

ENGINEER'S ESTIMATE OF DIF IMPROVEMENTS

MORENO BEACH DR/BAY AVENUE

CONSTRUCTION ITEM QUANTITY UNIT
UNIT

PRICE TOTAL

Traffic Signal 1 L.S. $274,100 $274,100

TOTAL $ 274,100

EXHIBIT “B”

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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) – ACCEPT DEVELOPMENT IMPACT FEE EXHIBIT “C” – DIF Credit Calculation Table

*may include, but not be limited to, City Hall, Corporate Yard, Animal Shelter, and/or maintenance equipment.

**credit amount shall not exceed obligation.

EXHIBIT “C”
Item Process for
DIF Credit
Calculation
Streets Traffic
Signals
Police Fire Libraries Parks Community/
Rec Centers
Public
Facilities*
Interchange
Improvements
Electric
Utility
1 Engineer’s
Estimate
$605,102 $274,100 $ $ $ $ $ $ $ $
2 Project costs as
identified in DIF
study
$1,363,059 $274,100 $ $ $ $ $ $ $ $
3 Actual DIF
Obligation
$275,633 $58,344 $ $ $ $ $ $ $ $
4 Developer’s
Credit
Amount** -
Least of Lines 1
2 & 3
$275,633 $58,344 $ $ $ $ $ $ $ $
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Attachment: DIF Credit Agreement #D23-001 - PEN19-0168 (TR 32408) (6081 : PEN19-0168 (TR 32408) –

Report to City Council

ID#5916 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Work Director/City Engineer

AGENDA DATE: February 21, 2023

TITLE: APPROVE AND EXECUTE THE AGREEMENT WITH
ACCO ENGINEERED SYSTEMS, INC., FOURTH

AMENDMENT WITH IMEG CORPORATION FOR THE

PUBLIC SAFET Y BUILDING HVAC REPLACEMENT
PROJECT 803 0053 AND BUDGET APPROPRIATION

RECOMMENDED ACTION
Recommendations:

1. Approve the Agreement for the Public Safety Building HVAC Replacement Project No. 803 0053 with Acco Engineered Systems, Inc, the lowest resp onsible bidder, and the Fourth Amendment with IMEG Corporation for Design and Construction Support Services, funded through Facility Construction (Fund 3000), Facilities Replacement Reserve (Fund 7330), and Equipment Replacement Reserve (Fund 7510);

2. Authorize the City Manager to execute the Agreement for the Public Safety Building HVAC Replacement with Acco Engineered Systems, Inc. and Fourth Amendment for Design and Construction Support Services with IMEG Corp; and issuance of the Purchase Orders for completion after the Agreement and Amendment have been fully executed;

3. Authorize the City Manager to execute any subsequent related Extensions or Amendments to the Agreements within the authorized funding, subject to the approval of the City Attorney; and

4. Approve Budget Adjustments as contained in the Fiscal Impact section of this report.

SUMMARY

This report recommends approval of the Agreement with Acco Engineered Systems, Inc .

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and the Fourth Amendment with IMEG Corp oration for The HVAC Repl acement Project at the Public Safety Building. The project is funded through the Facility Construction (Fund 3000), Facilities Replacement Reserve (Fund 7330), and Equipment Replacement Reserve (Fund 7510) as recommended in the Fiscal Impact.

DISCUSSION

The HVAC Replacement Project No. 803 0053 as proposed in this report consists of replacement of (2) 70 -ton HVAC (heating, ventilation, and air conditioning) units, 45 VAVs (variable air volume boxes), and upgrading of the building EMS controls (energy management system). The existing systems have exceeded its useful life.

The HVAC Replacement Project was advertised for proposals on October 4, 2022, and formal bidding procedures were followed in conformance with the Public Contract Code.

Proposals were re ceived via our electronic bid management system, Planet Bids, on December 7, 2022.

Staff reviewed the bid proposals and found Acco Engineered Systems, Inc. to be the most qualified responsible bidder in possession of valid licenses, certifications, and am ple knowledge with cost within the expected amount. No outstanding issues were identified through review of the references submitted by the bidder. All bidders have been notified by a Notice of Intent to Award letter.

Staff is recommending awarding the pr oject in the amount of $1,788,435.00 and authorization of a 20% contingency in the amount of $357,687 to account for any latent or unforeseen circumstances encountered during the HVAC replacement project.

On October 10, 2019, staff issued a Request for Proposals for engineering design and construction support services for the Public Safety Building HVAC Replacement project.

Proposals were received via our electronic bid management system, Planet Bids, on November 4, 2019. Staff reviewed the proposals and selected IMEG Corporation as the highest rated bidder.

The City entered into an agreement with IMEG Corporation on April 7, 2020 for engineering design and construction support services. Approval of the Fourth Amendment to the Agreement will allow for an increase of $27,895 for additional construction support services to the existing contract for a total amount of $100,000 to complete the above -mentioned project.

Approval with this project as presented will provide the necessary HVAC replacement and upgrade to the Public Safety Building.

ALTERNATIVES

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1. Approve and authorize the recommended actions as presented in this staff report.

Staff recommends this alternative as it will allow for timely completion of the Public Safety Building HVAC Replacement.

2. Elect not to approve and authorize the recommended actions as presented in this staff report, and provide further direction to staff. Staff does not recommend this alternative as it will delay completion of the Public Safety Building HVAC Replacement.

FISCAL IMPACT

There is no impact to the General Fund. The total cost of the Public Safety Building HVAC Replacement project is $2,247,322 of which, $1,500,000 has already been appropriated ($1,000,000 from Fund 7510 and $500,000 from Fund 7330). The remain ing project balance of $747,322 is available in Facilities Replacement Reserve (Fund 7330).

Description Fund GL Account
No.

Type
(Rev/Exp)
FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended
Budget
Transfer To Facilities
Replacement
Reserve
7330-99-99-
97330-903000
Exp $808,705 $747,322 $1,556,027
Transfer In Facility
Construction
3000-99-99-
93000-807330
Rev $808,705 $747,322 $1,556,207
CIP Facility
Construction
3000-70-40-
80003-720199
803 0053-3000-
99 Exp $1,499,495 $747,322 $2,246,817

NOTIFICATION

Posting of the Agenda

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Tyler Smith Melissa Walker
Management Analyst Public Works Director / City Engineer

Concurred By:

Joseph Mattox
Maintenance & Operations Division Manager

CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Positive Environment. Create a posit ive environment for the development of Moreno Valley's future.

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Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in q uality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Fourth Amendment to Agreement - IMEG CORP

2. Project 803 0053 Public Safety Building HVAC Replacement

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 7:31 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 9:22 AM A.19
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FOURTH AMENDMENT TO AGREEMENT

FOR PROFESSIONAL CONSULTANT SERVICES

The Fourth Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “City,” and IMEG Corp, a Delaware Corporation, hereinafter referred to as “Consultant.” This Forth Amendment to Agreement is made and entered into effective on the date the City signs this Amendment.

RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled “AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES WITH IMEG CORP FOR THE HVAC SYSTEM REPLACEMENT FOR THE CITY OF MORENO VALLEY PUBLIC SAFETY BUILDING (PSB) ”, hereinafter referred to as “Agreement,” dated April 7, 2020.

Whereas, the City and Consultant entered into the First Amendment to expand the scope of work to be performed.

Whereas, the First Amendment did not expand the Agreement termination date of June 30, 2021.

Whereas, the Second Amendment extended the Agreement termination date of June 30, 2021 to June 30, 2022.

Whereas, the Third Amendment extended the Agreement termination date of June 30, 2021 to June 30, 2024.

Whereas, the City and Consultant desire to increase the Consultant’s “Not-to-Exceed” fee as is more particularly described in Section 1 of this Fourth Amendment.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The City agrees to pay the Consultant and the Consultant agrees to receive a “Not- to-Exceed” fee of $100,000, as set forth in this Fourth Amendment.

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Attachment: Fourth Amendment to Agreement - IMEG CORP (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET

FOURTH AMENDMENT TO AGREEMENT FOR

ON-SITE AND/OR PROFESSIONAL SERVICES

2 SECTION 2
2 .1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement, First Amendment, Second Amendment, and Third Amendment shall remain in full force and effect.

SIGNATURE PAGE TO FOLLOW

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Attachment: Fourth Amendment to Agreement - IMEG CORP (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET

FOURTH AMENDMENT TO AGREEMENT FOR

ON-SITE AND/OR PROFESSIONAL SERVICES

3 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley IMEG Corp, a Delaware Corporation

By: ____________________________ By: __________________________ Mike Lee Kerry Parker
City Manager
Title: Managing Principal/Client Executive
Date: ______________________
Date: _________________________

By: __________________________
Karen J. Guest
Title: Secretary

Date: ________________________

INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
City Attorney

___________________________
Date

RECOMMENDED FOR APPROVAL:
___________________________
Department Head

___________________________
Date

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Attachment: Fourth Amendment to Agreement - IMEG CORP (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET City of Moreno Valley
Project No. 803 0053

Agreement No.

AGREEMENT

Project No. 803 0053
Public Safety Building HVAC Replacement
22850 Calle San Juan De Los Lagos, Moreno Valley, CA 92553

THIS Agreement, effective as of the date signed by the City of Moreno Valley by and between the City of Moreno Valley, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and ACCO Engineered Systems , Inc., herei nafter called the "Contractor."

That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. CONTRACT DOCUMENTS. The Contract Documents consist of the following, which are incorporated herein by this reference:

A. This Agreement
B. Any and all Contract Change Orders and Construction Change Directives issued after execution of this Agreement
C. The bound Contract Documents that include City Special Provisions, General Provisions, and Technical Provisions
D. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions E. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
F. Vendor Specifications
G. Governmental approvals, including, but not limited to, permits required for the Work H. Contractor’s Labor and Materials Payment Bond (for reference only) I. Contractor’s Faithful Performance Bond (for reference only) J. Contractor’s Certificates of Insurance and Additional Insured Endorsements

In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.

In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.

2. REFERENCE DOCUMENTS. The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes: N/A

3. SCOPE OF WORK. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work described in the Contract Documents, except as otherwise provided in the Plans, Standard Specifications, or City Special Provisions to be the responsibility of others.

4. PAYMENT.

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Attachment: Project 803 0053 Public Safety Building HVAC Replacement (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET City of Moreno Valley
Project No. 803 0053

4.1. Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, the City shall pay Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, if any, set forth the Bid Schedule submitted with the Bid. The sum of the unit prices and lump sum prices for the Base Bid Items, if any, awarded by the City is One Million Seven Hundred and Eighty- Eight Thousand Four Hundred and Thirty-Five Dollars ($1,788,435.00) (“Contract Price”).

It is understood and agreed that the quantities set forth in the Bid Schedule for which unit prices are fixed are estimates only and that City will pay and Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bid Schedule multiplied by the actual number of units performed, constructed, or completed as directed and measured by the City Engineer.

4.2. Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Exhibit B of the Standard Specifications, as modified by Attachment B of the City Special Provisions.

5. CONTRACT TIME.

A. Contract Time. The contract time shall be determined in accordance with the following:

Base Bid 550 Working Days

B. Initial Notice to Proceed. After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements constitutes the date of commencement of the Contract Time of Forty (45) Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders).

The Notice to Proceed to Fulfill Preconstruction Requirements shall further specify that Contractor must complete the preconstruction requirements within ten (10) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.

Critical preconstruction requirements may include, but are not limited to, the following:

• Submitting and obtaining approval of any Traffic Control Plans • Submitting and obtaining approval of the Pollution Prevention Plan (PPP) • Submitting and obtaining approval of critical required submittals • Obtaining an approved no fee Encroachment Permit
• Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents

If the City’s issuance of a Notice to Proceed to Fulfill Preconstruction Requirements is delayed due to Contractor’s failure to return the fully executed Agreement and insurance and bond documents within ten (10) Working Days after Contract award, then Contractor agrees to the deduction of one (1) Working Day from the number of days to complete the Project for every Working Day of delay in the City’s receipt of said documents. This right is in addition to and does not affect the City’s right to demand forfeiture of Contractor’s Bid Security if Contractor persistently delays in providing the required documentation.

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Attachment: Project 803 0053 Public Safety Building HVAC Replacement (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET City of Moreno Valley
Project No. 803 0053

C. Notice to Proceed with Construction. After all preconstruction requirements are met in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

6. LIQUIDATED DAMAGES AND CONTROL OF WORK.

6.1. Liquidated Damages. The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to complete the Work within the Contract Time, which includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders) in accordance with Article 5 above. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85 and in Public Contract Code Section 7203. Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadlines for completion of the Work and will not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.

In the event that Contractor fails to complete the Work within the Contract Time, Contractor agrees to pay the City $500 per Calendar Day that completion of the each such portion of t he Work is delayed beyond the Contract Time. The Contractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of portions of the Work. The Contractor and City acknowledge and agree that the amount of such damages is impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.

It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the City.

Liquidated damages are owed automatically and without notice of any kind upon the accrual of each day of delay. City may at any time deduct liquidated damages as are payable hereunder from money due or to become due to Contractor, or pursue any other legal remedy to collect such liquidated damages from Contractor and/or its Surety. Neither the City's failure or delay in deducting liquidated damages from payments otherwise due Contractor, nor City's failure or delay in notifying Contractor of the accrual of liquidated damages, shall be deemed a waiver of City's right to liquidated damages.

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Attachment: Project 803 0053 Public Safety Building HVAC Replacement (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET City of Moreno Valley
Project No. 803 0053

City's rights under this Section shall not be interpreted as precluding or limiting: (1) any right or remedy of City arising from an event of Contractor default other than a failure to complete the Work within the Contract Time; or (2) City's right to order an acceleration, at Contractor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue liquidated damages. The availability of liquidated damages shall not limit City's right to terminate the Contractor’s performance and accrual and/or assessment of liquidated damages does not constitute a waiver of such rights.

6.2. Owner is Exempt from Liability for Early Completion Delay Damages. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay. See Section 6 -4 of the Standard Specif ications and City Special Provisions regarding compensation for delays.

6.3. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in Section 3-5 of the City Special Provisions.

7. INSURANCE.

7.1. General. The Contractor shall procure and maintain at its sole expense and throughout the term of this Agreement, any extension thereof, Commercial General Liability, Automobile Liability, and Workers’ Compensation Insuranc e with such coverage limits as described herein.

7.2. Additional Insured Endorsements . The Contractor shall cause the insurance required by the Contract Document to include the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority ( MVHA), and the Moreno Valley Community Services District (CSD) and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers and representatives as an additional insureds. For the Commercial General Liability coverage, said parties shall be named as additional insureds utilizing either:

1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or

2. ISO Additional Insured endorsement CG 20 10 (10/01) and Additional Insured Completed Operations endorsement CG 20 37 (10/01); or

3. Substitute endorsements providing equivalent coverage, approved by the City.

The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. Coverage for such additional insureds does not extend to liability to the extent prohibited by Insurance Code Section 11580.4.

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Attachment: Project 803 0053 Public Safety Building HVAC Replacement (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET City of Moreno Valley
Project No. 803 0053

7.3. Waivers of Subrogation. All policies of insurance required by the Contract Documents shall include or be endorsed to provide a waiver by the insurers of any rights of recovery or subrogation that the insurers may have at any time against the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD) and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives.

7.4. Primary Coverage . All policies and endorsements shall stipulate that the Contractor’s (and the Subcontractors’) insurance coverage shall be primary insurance as respects the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD) and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers , and representatives, and shall be excess of the Contractor’s (and its Subcontractors’) insurance and shall not contribute with it.

7.5. Coverage Applies Separately to Each Insured and Additional Insured.

Coverage shall state that the Contractor’s (and its Subcontractors’) insurance shall apply separately to each insured or additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall apply to any claim or suit brought by an additional insured against a named insured or other insured.

7.6. Self-Insurance. Any self -insurance (including deductibles or self -insured retention in excess of $50,000) in lieu of liability insurance must be declared by Contractor and approved by the City in writing prior to execution of the Agreement. The City’s approval of self- insurance, if any, is within the City’s sole discretion and is subject to the following conditions:

1. Contractor must, at all times during the term of the Agreement and for a period of at least one (1) year after completion of the Project and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions, maintain and upon Owner’s reasonable request provide evidence of:

(a) Contractor’s “net worth” (defined as “total assets” [defined as all items of value owned by the Contractor including tangible items such as cash, land, personal property , and equipment , and intangible items such as copyrights and business goodwill]) minus total outside liabilities must be reflected in a financial statement for the prior fiscal year reflecting sufficient income and budget for Contractor to afford at least one loss in an amount equal to the amount of self-insurance;

(b) Financial statements showing that Contractor has funds set aside/budgeted to finance the self-insured fund (i.e., Contractor has a program that fulfills functions that a primary insurer would fill); and

(c) A claims procedure that identifies how a claim is supposed to be tendered to reach the financing provided by the self-insured fund.

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Attachment: Project 803 0053 Public Safety Building HVAC Replacement (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET City of Moreno Valley
Project No. 803 0053

2. If at any time after such self-insurance has been approved, the Contractor fails to meet the financial thresholds or otherwise fails to comply with the provisions set forth in this Paragraph 7, at the option of the City:

(a) The Contractor shall immediately obtain and thereafter maintain the third party insurance required under this Paragraph 7 and otherwise on the terms required above; or

(b) The insurer shall reduce or eliminate such deductibles or self - insured retention as respects the City, its officers, officials, employees, and volunteers; or

(c) The Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses.

7.7. Insurer Financial Rating. Insurance companies providing insurance hereunder shall be rated A-VII or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.

7.8. Notices to City of Cancellation or Changes . Each insurance policy described in this Paragraph 7 shall contain a provision or be endorsed to state that coverage will not be cancelled without thirty (30) days’ prior written notice by certified or registered mail to the City (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to the City), except that cancellation for non- payment of premium shall require (10) days prior written notice by certified or registered mail. If an insurance carrier cancels any policy or elects not to renew any policy required to be maintained by Contractor pursuant to the Contract Documents, Contractor agrees to give written notice to the City at the address indicated on the first page of the Agreement. Contractor agrees to provide the same notice of cancellation and non-renewal to the City that is required by such policy(ies) to be provided to the First Named Insured under such policy(ies). Contractor shall provide confirmation that the required policies have been renewed not less than seven (7) days prior to the expiration of existing coverages and shall deliver renewal or replacement policies, certificates and endorsements to the City Clerk within fourteen (14) days of the expiration of existing coverages. Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City Clerk copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.

7.9. Commercial General Liability. Coverage shall be written on an ISO Commercial General Liability “occurrence” form CG 00 01 (10/01 or later edition) or equivalent form approved by the City for coverage on an occurrence basis. The insurance shall cover liability, including, but not li mited to, that arising from premises operations, stop gap liability, independent contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The policy shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 (11/85). Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground (x, c, u) property damage. Contractor shall provide Products/Completed Operations coverage to be maintained continuously for a minimum of one (1) year after Final A.19.b
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Attachment: Project 803 0053 Public Safety Building HVAC Replacement (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET City of Moreno Valley
Project No. 803 0053

Acceptance of the Work , and any extension of the one- year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions.

Contractor shall maintain Commercial General Liability insurance with the following minimum limits: $1,000,000 per occurrence / $2,000,000 aggregate / $2,000,000 products -completed operations.

7.10. Business Automobile Liability. Coverage shall be written on ISO form CA 00 01 (12/93 or later edition) or a substitute form providing equivalent coverage for owned, hired, leased and non-owned vehicles, whether scheduled or not, with $1,000,000 combined single limit per accident for bodily injury and property damage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

7.11. Workers’ Compensation. Contractor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the job. Compliance is accomplished in one of the following manners:

1. Provide copy of permissive self-insurance certificate approved by the State of California; or

2. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimal limit of $1,000,000 per accident; or

3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be us ed in performance of this Contract.

7.12. Subcontractors’ Insurance. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

8. BONDS. The Contractor shall provide two surety bonds. The Contractor shall furnish a satisfactory Performance Bond meeting all statutory requirements of the State of California on the form provided by the City. The bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents as may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations, in an amount that shall remain equal to one hundred percent (100%) of the Contract Price.

The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California on the form provided by the City in an amount that shall remain equal to one hundred percent (100%) of the C ontract Price to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.

All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a California- admitted surety insurer listed on the latest version of the U.S Department of Treasury Circular A.19.b
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570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public.

Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.

Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; othe rwise, the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.

Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.

9. RECORDS. The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project reco rds current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California , the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5 ) years after Final Acceptance.

10. INDEMNIFICATION.

10.1. General. To the fullest extent permitted by law, the Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, protect, hold harmless and defend (even if the allegations are false, fraudulent, or groundless), the City of Moreno Valley, its City Council, the Moreno Valley Housing Authority ( MVHA), and the Moreno Valley Community Services District (CSD), and all of their respective officials, officers, directors, employees, commission members, representatives and agents (“Indemnitees”), from and against A.19.b
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any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceeds, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenues, and expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from, or in any way (either directly or indirectly), related to the Work, the Project or any breach of the Contract by Contractor or any of its officers, agents, employees, Subcontractors, Sub- subcontractors, or any person performing any of the Work, pursuant to a direct or indirect contract with the Contractor (“Indemnity Claims”).

Such Indemnity Claims include, but are not limited to, claims for:

A. Any activity on or use of the City’s premises or facilities; B. Any liability incurred due to Contractor acting outside the scope of its authority pursuant to the Contract, whether or not caused in part by an Indemnified Party;
C. The failure of C ontractor or the Work to comply with any Applicable Law, permit or orders;
D. Any misrepresentation, misstatement or omission with respect to any statement made in the Contract Documents or any document furnished by the Contractor in connection therewith;
E. Any breach of any duty, obligation or requirement under the Contract Documents, including, but not limited to any breach of Contractor’s warranties, representations or agreements set forth in the Contract Documents;
F. Any failure to coordinate the Work with City’s Separate Contractors; G. Any failure to provide notice to any party as required under the Contract Documents;
H. Any failure to act in such a manner as to protect the Project from loss, cost, expense or liability;
I. Bodily or personal injury, emotional injury, sickness or disease, or death at any time to any persons including without limitation employees of Contractor;
J. Damage or injury to real property or personal property, equipment and materials (including, but without limitation, property under the care and custody of the Contractor or the City) sustained by any person or persons (including, but not limited to, companies, corporations, utility company or property owner, Contractor and its employees or agents, and members of the general public);
K. Any liability imposed by Applicable Law including, but not limited to criminal or civil fines or penalties;
L. Any dangerous, hazardous, unsafe or defective condition of, in or on the Site, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Site by Contractor, its officers, agents, employees, or Subcontractors;
M. Any operation conducted upon or any use or occupation of the Site by the Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise; N. Any acts, errors, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;
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Project No. 803 0053

O. Infringement of any patent rights, licenses, copyrights , or intelle ctual property which may be brought against the Contractor or Owner arising out of Contractor’s Work, for which the Contractor is responsible; and P. Any and all claims against the City seeking compensation for labor performed or materials used or furnished to be used in the Work or alleged to have been furnished on the Project, including all incidental or consequential damages resulting to the City from such claims.

10.2. Effect of Indemnitees’ Active Negligence. Contractor’s obligations to indemnify and hold the Indemnitees harmless exclude only such portion of any Indemnity Claim which is attributable to the active negligence or willful misconduct of the Indemnitee, provided such active negligence or willful misconduct is determined by agreement of the parties or by findings of a court of competent jurisdiction. In instances where an Indemnitee’s active negligence accounts for only a percentage of the liability for the Indemnity Claim involved, the obligation of Contractor will be for that entire percentage of liability for the Indemnity Claim not attributable to the active negligence or willful misconduct of the Indemnitee(s). Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10. Subject to the limits set forth herein, the Contractor, at its own expense, shall satisfy any resulting judgment that may be rendered against any Indemnitee resulting from an Indemnity Claim. The Indemnitees shall be consulted with regard to any proposed settlement.

10.3. Independent Defense Obligation. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Contractor’s obligation to defend the Indemnitee(s) shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. The Contractor shall respond within thirty (30) Calendar Days to the tender of any Indemnity Claim for defense and/or indemnity by an Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured and experienced legal counsel acceptable to the City.

10.4. Intent of Parties Regarding Scope of Indemnity. It is the intent of the parties that the Contractor and its Subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by Applicable Law. In the event that any of the defense, indemnity , or hold harmless provisions in the Contract Docu ments are found to be ambiguous or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.

10.5. Waiver of Indemnity Rights Against Indemnitees. With respect to third party claims against the Contractor, to the fullest extent permitted by law, the Contractor waives any and all rights to any type of express or implied indemnity against the Indemnitees.

10.6. Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s A.19.b
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Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Paragraph 10.

10.7. No Limitation or Waiver of Rights. Contractor’s obligations under this Paragraph 10 are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Paragraph 10 are separate and independent from the insurance provisions set forth in the Contract Documents, and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Paragraph 10 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

10.8. Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolving such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.

10.9. Survival of Indemnity Obligations. Contractor’s obligations under this Paragraph 10 are binding on Contractor’s and its Subcontractors’ successors, heirs, and assigns and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.

11. SUCCESSORS AND ASSIGNS . The Parties bind themselves, their heirs, executors, administrators, successors and assigns the covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not, either voluntarily or by action of law, assign any right or obligation of the Contractor under the Contract Documents without prior written consent of the City.

(SIGNATURE PAGE FOLLOWS)
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Attachment: Project 803 0053 Public Safety Building HVAC Replacement (5916 : APPROVE THE AGREEMENT, AMENDMENT, AND BUDGET

CITY OF MORENO VALLEY, a Municipal Corporation ACCO Engineered Systems, Inc.

BY: License No./
Mike Lee, City Manager Classification:

DATE: Expiration Date:

Federal I.D. No.:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

SIGNING INSTRUCTIONS TO THE CONTRACTOR:

Signature(s) must be accompanied by a completed notary certificate of acknowledgement attached hereto.

A general partner must sign on behalf of a partnership. Two (2) corporate officers must sign on behalf of a corporation unless the corporation has a corporate resolution that allows one person to sign on behalf of the corporation; if applicable, said resolution must be attached hereto. The corporate seal may be affixed hereto.

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

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Report to City Council

ID#6094 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: February 21, 2023

TITLE: PURSUANT TO LAN DOWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 59, 62, 63, 69, 72 AND 74 (RESO.

NOS. CSD 2023- __ TO CSD 2023-__)

RECOMMENDED ACTION
Recommendation:

1. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and ap proving the amended map for said District (Amendment No. 59) (D.R. Horton Los Angeles Holding Company, Inc., located near the northeast corner of Alessandro Blvd. and Lasselle St.).

2. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the More no Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Ame ndment No. 62) (Hakan Buvan , located near the northeast corner of Moreno Beach Dr. and Cactus Ave., on Bradshaw Cir.).

3. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Vall ey, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 63) (SPSSN Inv II, 22402 Bay Ave.).

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4. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 69) (David Santibanez de la Torre , 28778 McAbee Ave.).

5. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno V alley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 72) (Marta and Luis Ernesto Interiano , 24649 La Barca Way).

6. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 74) ( Denesse Duran and Jaime Eduardo Pulido , 23433 Dome St.).

SUMMARY

Adoption of the resolution s (Attachments 1-6) will certify the annexation of 10 parcels into Community Facilities District (CFD) No. 2021-01 ( Parks Maintenance) (“District”).

This action impacts only the property owners identified below, not the general citizens or taxpayers of the City.

DISCUSSION

As a condition of approval for the development projects identified below, the applicants are required to provide an ongoing funding source for maintenance of certain public facilities (e.g., parks). The funding is used to mitigate the cost of the impacts creat ed by the proposed development.

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On June 1, 2021, the CSD Board formed CFD No. 2021 -01, pursuant to the Mello-Roos Community Facilities Act of 1982. The District was create d to provide the development community with an alternative funding tool to mitigate the impacts of their proposed development. If a property owner elects to annex the parcels of their development into the District, they also authorize the CSD to annually l evy a special tax, collected on the annual property tax bill, against property in the development project. Thus, satisfying the condition of approval.

On December 21, 2021 , the CSD Board adopted Ordinance No. 56, which designated the entire territory of the City as a future annexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner provides unanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.

An applicant has two options to satisfy the condition(s) of approval:

1. The property owner s ubmits a Landowner Petition unanimously approving annexation of the property into the District. Appr oval of the petition and special tax rate allows the City to annually levy the special tax on the property tax bill of the property. This option is only available if there are fewer than 12 registered voters living within the proposed annexation area; or

2. The applicant funds an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation and provides for the ongoing operation and maintenance of parks facilities.

Property Owner
Project
ACP Record #s
Amendment
No. APNs Location
D.R. Horton Los Angeles
Holding Company, Inc.

TTM 38123, 177 SF Homes
PEN21-0136/SCP22-0097
59 487-470-028
487-470-036
487-574-001
487-574-002
Northeast corner of
Alessandro Blvd. and
Lasselle St.

Hakan Buvan
TTM 37462, 8 SF Homes
PEN18-0080/SCP22-0101
62 478-090-030
478-090-031

Northeast corner of Moreno
Beach Dr. and Cactus
Ave., on Bradshaw Cir.

SPSSN Inv II
Accessory Dwelling Unit (ADU)
BFR22-0162/SCP22-0104
63 291-163-015

22402 Bay Ave.

David Santibanez de la Torre
Accessory Dwelling Unit (ADU)
BFR22-0214/SCP22-0117
69 478-280-006

28778 McAbee Ave.

Marta and Luis Ernesto Interiano
Accessory Dwelling Unit (ADU)
BFR22-0186/SCP22-0087
72 485-123-026

24649 La Barca Way
Denesse Duran and Jaime Eduardo Pulido
Accessory Dwelling Unit (ADU)
BFR22-0230/SCP22-0121
74 296-185-011 23433 Dome St.

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The Property Owners listed above elected to annex their property into CFD No. 2021-01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed the number of registered voters residing at each property, allowing a special election of the landowner. Adoption of the resolutions (Attachments 1-6) amends the District and adds the property to the tax rate area identified in the Fiscal Impact section of this report . The resolutions also direct the recordation of the boundary map s (Attachments 7-12) and amended notice of special tax lien s for the amendments. The Election Official confirmed the Property Owner s unanimously approved the annexation of their property into the District (Attachments 13- 18).

ALTERNATIVES

1. Adopt the resolutions. Staff recommends this alternative since it will annex the propert ies into CFD No. 2021-01 at the request of the Property Owners and satisfy the condition of approval for the proposed developments.

2. Do not adopt the resolution s. Staff does not recommend this alt ernative because it is contrary to the request of the Property Owner s, will not satisfy the condition of approval, and may delay development of the projects.

3. Do not adopt the resolution s but rather continue the item to a future regularly scheduled City Co uncil meeting. Staff does not recommend this alternative as it will delay the Property Owner s from satisfying the condition of approval and may delay development of the projects.

FISCAL IMPACT

Revenue received from the special tax is restricted and can o nly be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or registered voters, depending upon the number of register ed voters) have previously provided approval. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all of the properties w ithin the affected tax rate area. The maximum special tax rates are detailed below.

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The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater.

However, the annual adjust ment cannot be applied unless the CSD Board annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate area.

NOTIFICATION

The Landowner Petitions were emailed to the Property Owner s on December 15th through the 20th.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager

Concurred by:

Jeremy Bubnick
Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal po licies to support essential City services, regardless of economic climate.

Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
D.R. Horton Los Angeles
Holding Company, Inc.

TTM 38123, 177 SF Homes
PEN21-0136/SCP22-0097
59 Single Family $308.39
Hakan Buvan
TTM 37462, 8 SF Homes
PEN18-0080/SCP22-0101
62 Single Family $308.39
SPSSN Inv II
Accessory Dwelling Unit (ADU)
BFR22-0162/SCP22-0104
63 Single Family $308.39
David Santibanez de la Torre
Accessory Dwelling Unit (ADU)
BFR22-0214/SCP22-0117
69 Single Family $308.39
Marta and Luis Ernesto Interiano
Accessory Dwelling Unit (ADU)
BFR22-0186/SCP22-0087
72 Single Family $308.39
Denesse Duran and Jaime Eduardo Pulido
Accessory Dwelling Unit (ADU)
BFR22-0230/SCP22-0121
74 Single Family $308.39
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Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution Ordering Annexation - Amendment No. 59

2. Resolution Ordering Annexation - Amendment No. 62

3. Resolution Ordering Annexation - Amendment No. 63

4. Resolution Ordering Annexation - Amendment No. 69

5. Resolution Ordering Annexation - Amendment No. 72

6. Resolution Ordering Annexation - Amendment No. 74

7. Boundary Map - Amendment No. 59

8. Boundary Map - Amendment No. 62

9. Boundary Map - Amendment No. 63

10. Boundary Map - Amendment No. 69

11. Boundary Map - Amendment No. 72

12. Boundary Map - Amendment No. 74

13. Certificate of Election Official - Amendment No. 59

14. Certificate of Election Official - Amendment No. 62

15. Certificate of Election Official - Amendment No. 63 B.4
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16. Certificate of Election Official - Amendment No. 69

17. Certificate of Election Official - Amendment No. 72

18. Certificate of Election Official - Amendment No. 74

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 11:48 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 11:50 AM B.4
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1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2022-23, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcels (the “Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on th e boundary map (the “Boundary Map”) entitled “Amendment No. 59 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcels to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

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Attachment: Resolution Ordering Annexation - Amendment No. 59 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcels associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.a
Packet Pg. 405
Attachment: Resolution Ordering Annexation - Amendment No. 59 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

APPROVED AND ADOPTED this 21st day of February 2023.

_______________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

_______________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.a
Packet Pg. 406
Attachment: Resolution Ordering Annexation - Amendment No. 59 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21stt day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.a
Packet Pg. 407
Attachment: Resolution Ordering Annexation - Amendment No. 59 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Numbers
59 487-470-028
487-470-036
487-574-001
487-574-002

B.4.a
Packet Pg. 408
Attachment: Resolution Ordering Annexation - Amendment No. 59 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT B

B.4.a
Packet Pg. 409
Attachment: Resolution Ordering Annexation - Amendment No. 59 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2022-23, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcels (the “Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on th e boundary map (the “Boundary Map”) entitled “Amendment No. 62 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcels to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.b
Packet Pg. 410
Attachment: Resolution Ordering Annexation - Amendment No. 62 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcels associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provision s, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.b
Packet Pg. 411
Attachment: Resolution Ordering Annexation - Amendment No. 62 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

APPROVED AND ADOPTED this 21st day of February 2023.

_______________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

_______________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.b
Packet Pg. 412
Attachment: Resolution Ordering Annexation - Amendment No. 62 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.b
Packet Pg. 413
Attachment: Resolution Ordering Annexation - Amendment No. 62 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
62 478-090-030
478-090-031

B.4.b
Packet Pg. 414
Attachment: Resolution Ordering Annexation - Amendment No. 62 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT B

B.4.b
Packet Pg. 415
Attachment: Resolution Ordering Annexation - Amendment No. 62 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2022-23, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 63 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and is subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.c
Packet Pg. 416
Attachment: Resolution Ordering Annexation - Amendment No. 63 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) sa laries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.c
Packet Pg. 417
Attachment: Resolution Ordering Annexation - Amendment No. 63 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

APPROVED AND ADOPTED this 21st day of February 2023.

_______________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

_______________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.c
Packet Pg. 418
Attachment: Resolution Ordering Annexation - Amendment No. 63 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.c
Packet Pg. 419
Attachment: Resolution Ordering Annexation - Amendment No. 63 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Numbers
63 291-163-015
B.4.c
Packet Pg. 420
Attachment: Resolution Ordering Annexation - Amendment No. 63 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT B

B.4.c
Packet Pg. 421
Attachment: Resolution Ordering Annexation - Amendment No. 63 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2022-23, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 69 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and is subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.d
Packet Pg. 422
Attachment: Resolution Ordering Annexation - Amendment No. 69 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) sa laries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.d
Packet Pg. 423
Attachment: Resolution Ordering Annexation - Amendment No. 69 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

APPROVED AND ADOPTED this 21st day of February 2023.

_______________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

_______________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.d
Packet Pg. 424
Attachment: Resolution Ordering Annexation - Amendment No. 69 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.d
Packet Pg. 425
Attachment: Resolution Ordering Annexation - Amendment No. 69 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
69 478-280-006

B.4.d
Packet Pg. 426
Attachment: Resolution Ordering Annexation - Amendment No. 69 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT B

B.4.d
Packet Pg. 427
Attachment: Resolution Ordering Annexation - Amendment No. 69 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2022-23, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 72 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and is subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.e
Packet Pg. 428
Attachment: Resolution Ordering Annexation - Amendment No. 72 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) sa laries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.e
Packet Pg. 429
Attachment: Resolution Ordering Annexation - Amendment No. 72 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

APPROVED AND ADOPTED this 21st day of February 2023.

_______________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

_______________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.e
Packet Pg. 430
Attachment: Resolution Ordering Annexation - Amendment No. 72 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

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Attachment: Resolution Ordering Annexation - Amendment No. 72 (6094 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
72 485-123-026

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Date Adopted: February 21, 2023

EXHIBIT B

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1 Resolution No. 2023-___
Date Adopted: February 21, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2022-23, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 74 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and is subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

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2 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) sa laries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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3 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

APPROVED AND ADOPTED this 21st day of February 2023.

_______________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

_______________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

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4 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

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5 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
74 296-185-011

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6 Resolution No. CSD 2023-___
Date Adopted: February 21, 2023

EXHIBIT B

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LASSELLE ST

DARWIN DR

CUMIN STPAPRIKA CT

REGIS DR

REGIS DRDARWIN DR
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Attachment: Boundary Map - Amendment No. 59 (6094 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 62 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MORENO VALLEY THIS __________ DAY OF__________________, 20____.______________________________________________________________________________________________CITY CLERK OF THE CITY OF MORENO VALLEY, ACTING IN THE CAPACITY OF THE SECRETARY OF THEMORENO VALLEY COMMUNITY SERVICES DISTRICTI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF COMMUNITY FACILITIESDISTRICT NO. 2021-01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT,CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WAS APPROVED BY THE BOARDOF DIRECTORS OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT AT A REGULAR MEETINGTHEREOF, HELD ON THE _______ DAY OF ___________, 20____, BY ITS RESOLUTION NO.________________________.______________________________________________________________________________________________CITY CLERK OF THE CITY OF MORENO VALLEY, ACTING IN THE CAPACITY OF THE SECRETARY OF THEMORENO VALLEY COMMUNITY SERVICES DISTRICTFILED THIS ___________ DAY OF _____________, 20_____, AT THE HOUR OF _________ O’CLOCK _____M, INTHE BOOK ___________ PAGE(S) _________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIESDISTRICTS AS INSTRUMENT NO. ___________________________ IN THE OFFICE OF THE COUNTY RECORDEROF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.______________________________________________________________________________________________COUNTY RECORDERCOUNTY OF RIVERSIDESTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, RECORDED WITH THERIVERSIDE COUNTY RECORDER’S OFFICE ON MAY 4, 2021 IN BOOK 86 OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICTS, PAGE 95 AS INSTRUMENT NO. 2021-0280004.REFERENCE IS FURTHER MADE TO ANNEXATION MAP NO. 4 OF COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, CITY OF MORENOVALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (TERRITORY PROPOSED FOR ANNEXATION IN THEFUTURE, WITH THE CONDITION THAT PARCELS WITHIN THAT TERRITORY MAY BE ANNEXED ONLY WITH THEUNANIMOUS APPROVAL OF THE OWNER OR OWNERS OF EACH PARCEL OR PARCELS AT THE TIME THATPARCEL OR THOSE PARCELS ARE ANNEXED) RECORDED WITH THE RIVERSIDE COUNTY RECORDER’SOFFICE ON OCTOBER 27, 2021 IN BOOK 87, PAGE 81 OF MAPS OF ASSESSMENTS AND COMMUNITYFACILITIES DISTRICTS AS INSTRUMENT NO. 2021-0635742, WHICH DESIGNATED THE TERRITORY SHOWNHEREIN AS TERRITORY FOR FUTURE ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT REFERENCETHEREON.FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THEMAPS OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.THE RIVERSIDE COUNTY ASSESSOR’S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINESAND DIMENSIONS OF SUCH LOTS OR PARCELS.

MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIA

CACTUS AVEBRODIAEA AVE

BELLETERRE AVEARBORGLENN DRBRADSHAW CIR
Sheet 1 of 1
Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet (THIS MAP AMENDS, BY ADDING THE ADDITIONAL TERRITORY SHOWN HEREON, THEBOUNDARY MAP FOR CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO2021-01 (PARKS MAINTENANCE), CITY OF MORENO VALLEY, RIVERSIDE COUNTY , STATE OFCALIFORNIA, PRIOR RECORDED AT BOOK 86 OF MAPS OF ASSESSMENT AND COMMUNITYFACILITIES DISTRICTS AT PAGE 95, IN THE OFFICE OF THE COUNTY RECORDER FOR THECOUNTY OF RIVERSIDE, STATE OF CALIFORNIA.) BRODIAEA AVECACTUS AVECACTUS AVEBRODIAEA AVEBELLETERRE AVEDOVER DRLAFAYETTE WAYARBORGLENN DRYAROW WAYSAND DOLLAR WAYBRADSHAW CIRBAHAMA BAY STLARKSONG WAYLegendAnnexation BoundaryAnnexation ParcelsSurrounding Area ParcelsS I T ES I T EV I C I N I T Y V I C I N I T Y M A PM A P 0 150 30075 Feet
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Attachment: Boundary Map - Amendment No. 62 (6094 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 63 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIASheet 1 of 1 Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetBAY AVECOTTONWOOD AVEALESSANDRO BLVDVOUGHT STSHERMAN AVEELLA AVEALLIES PLBERTIE AVEFARRAGUT AVES I T ES I T E OLegend
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Report to City Council

ID#6119 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director

AGENDA DATE: February 21, 2023

TITLE: APPEALS OF PLANNING COMMISSION APPROVAL OF

PLOT PLAN FOR AN AUTOMOBILE PARKING LOT

RECOMMENDED ACTION
Recommendations: That the City Council:

A. ADOPT Resolution No. 202 3-XX, attached hereto, DENYING Appeals PAA22-0005 and PAA2 3-0003, upholding the Planning Commission’s decision approving the Plot Plan for the Automobile Parking Lot

AND:

1. CERTIFYING the Initial Study/Mitigated Negative Declaration prepared for Plot Plan PEN2 1-0102 on file with the Community Development Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the proposed Project’s potential environmental impacts; and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Project, which consists of Plot Plan PEN2 1-0102 pursuant to CEQA and the CEQA Guidelines; and.

B. ADOPT Resolution No. 2023-XX attached hereto,

F.1
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