Moreno Valley City Council
May 16, 2023

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10 [1] – IEEE 1547-5.1.1B
i. Paralleling Device Withstand Test
The di-electric voltage withstand test specified in Section J.1 shall be performed on the paralleling device to ensure compliance with those requirements specified in Section D.1.c (IEEE 1547-5.1.3.3).

4. Production Testing
As a minimum, each interconnection system shall be subjected to the Utility Voltage and Frequency Variation Test procedure described in UL1741 under Manufacturing and Production Tests, Section 68 and the Synchronization test specified in Section J.3.f Interconnection systems with adjustable set points shall be tested at a single set of set points as specified by the manufacturer. This test may be performed in the factory or as part of a Commissioning Test (Section J.5.).

5. Commissioning Testing
a. Commissioning Testing, where required, will be performed on-site to verify protective settings and functionality. Upon initial Parallel Operation of a Generating Facility, or any time interface hardware or software is changed A.16.c
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that may affect the functions listed below, a Commissioning Test must be performed. An individual qualified in testing protective equipment (professional engineer, factory–certified technician, or licensed electrician with experience in testing protective equipment) must perform Commissioning Testing in accordance with the manufacturer’s recommended test procedure to verify the settings and requirements per this Rule.

MVU may require written Commissioning test procedure be submitted to MVE at least 10 working days prior to the performance of the Commissioning Test. MVU has the right to witness Commissioning Test, MVU may also require written certification by the installer describing which tests were performed and their results. Protective Functions to be tested during commissioning, particularly with respect to non-Certified equipment, may consist of the following:
(1) Over and under voltage
(2) Over and under frequency
(3) Anti-Islanding function (if applicable)
(4) Non-Exporting function (if applicable)
(5) Inability to energize dead line
(6) Time delay on restart after utility source is stable (7) Utility system fault detection (if used)
(8) Synchronizing controls (if applicable)
(9) Other Interconnection Protective Functions that may be required as part of the Interconnection Agreement
Commissioning Test shall include visual inspections of the interconnection equipment and protective settings to confirm compliance with the interconnection requirements.
b. Other checks and tests that may need to be performed include:
(1) Verifying final Protective Function settings
(2) Trip test (J.5.f)
(3) In-service tests (J.5.g)
c. Certified Equipment
Generating Facilities qualifying for Simplified Interconnection incorporate Certified Equipment that have, at a minimum, passed the Type Tests and Production Tests described in this Rule and are judged to have little or no potential impact on MVU’s Distribution System. For such Generating Facilities,
it is necessary to perform only the following tests:

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(1) Protective Function settings that have been changed after Production Testing will require field verification. Tests shall be performed using injected secondary frequencies, voltages and currents, applied waveforms, at a test connection using a Generator to simulate abnormal utility voltage or frequency, or varying the set points to show that the device trips at the measured (actual) utility voltage or frequency.
(2) The Non-Islanding function shall be checked by operating a load break disconnect switch to verify the Interconnection equipment ceases to energize MVU’s Distribution System and does not reenergize it for the required time delay after the switch is closed. (3) The Non-Exporting function shall be checked using secondary injection techniques. This function may also be tested by adjusting the Generating Facility output and local loads to verify that the applicable Non-Exporting criteria (i.e., reverse power or underpower) are met.

The Supplemental Review or an Interconnection Study may impose additional components or additional testing.
d. Non-Certified Equipment
Non-certified Equipment shall be subjected to the appropriate tests described in Type Testing (Section J.3.) as well as those described in Certified Equipment Commissioning Tests (Section J.5.c.). With MVU’s approval, these tests may be performed in the factory, in the field as part of commissioning, or a combination of both. MVU, at its discretion, may also approve a reduced set of tests for a particular Generating Facility or, for example, if it determines it has sufficient experience with the equipment. f. Verification of Settings
At the completion of Commission testing, the Producer shall confirm all devices are set to MVU-approved settings. Verification shall be documented in the Commissioning Test Certification.
f. Trip Tests
Interconnection Protective Functions and devices (e.g. reverse power relays) that have not previously been tested as part of the Interconnection Facilities with their associated interrupting devices (e.g. contactor or circuit breaker) shall be trip tested during commissioning. The trip test shall be adequate to prove that the associated interrupting devices open when the protective devices operate. Interlocking circuits between Protective A.16.c
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Function devices or between interrupting devices shall be similarly tested unless they are part of a system that has been tested and approved during manufacturing.
g. In-service Tests
Interconnection Protective Functions and devices that have not previously been tested as part of the Interconnection Facilities with their associated instrument transformers or that are wired in the field shall be given an inservice test during commissioning. This test will verify proper wiring, polarity, CT/PT ratios, and proper operation of the measuring circuits. The in-service test shall be made with the power system energized and carrying a known level of current. A measurement shall be made of the magnitude and phase angle of each Alternating Current (AC) voltage and current connected to the protective device and the results compared to expected values. For protective devices with built-in Metering Functions that report current and voltage magnitudes and phase angles, or magnitudes of current, voltage, and real and reactive power, the
metered values may be used for in-service testing. Otherwise, portable ammeters, voltmeters, and phase-angle meters shall be used.

6. Periodic Testing
Periodic Testing of Interconnection-related Protective Functions shall be performed as specified by the manufacturer, or at least every four years. All Periodic Tests prescribed by the manufacturer shall be performed. The Producer shall maintain Periodic Test reports or a log for inspection by MVU. Periodic Testing conforming to MVU test intervals for the particular Line Section may be specified by MVU under special circumstances, such as high fire hazard areas. Batteries used to activate any Protective Function shall be checked and logged once per month for proper voltage.

Once every four years, the battery must be either replaced or a discharge test performed.

7. Type Testing Procedures Not Defined in Other Standards This Section describes the additional Type Tests necessary to qualify a device as Certified under this Rule. These Type Tests are not contained in Underwriters Laboratories UL 1741 Standard Inverters, Converters and Controllers for Use in Independent Power Systems, or other referenced standards.
a. Non-Exporting Test Procedures
The Non-Exporting test is intended to verify the operation of relays, controllers and inverters designed to limit the export of power and certify the equipment as meeting the requirements of Screen 2, Options 1 and 2, of the review process. Tests are provided for discrete relay packages and for controllers and inverters with the intended Functions integrated.

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(1) Discrete Reverse Power Relay Test
This version of the Non-Exporting test procedure is intended for discrete reverse power and underpower relay packages provided to meet the requirements of Options 1 and 2 of Screen 2. It should be understood that in the reverse power application, the relay will provide a trip output with power flowing in the export (toward MVU’s Distribution System) direction.

Step 1: Power Flow Test at Minimum, Midpoint and Maximum Pickup Level Settings
Determine the corresponding secondary pickup current for the desired export power flow of 0.5 secondary watts (the minimum pickup setting, assumes 5 amp and 120V CT/PT secondary). Apply nominal voltage with minimum current setting at zero (0) degrees phase angle in the trip direction. Increase the current to pickup level.

Observe the relay’s (LCD or computer display) indication of power values. Note the indicated power level at which the relay trips. The power indication should be within 2% of the expected power. For relays with adjustable settings, repeat this test at the midpoint, and maximum settings. Repeat at phase angles of 90, 180 and 270 degrees and verify that the relay does not operate (measured watts will be zero or negative).

Step 2: Leading Power Factor Test
Apply rated voltage with a minimum pickup current setting (calculated value for system application) and apply a leading power factor load current in the non-trip direction (current lagging voltage by 135 degrees). Increase the current to relay rated current and verify that the relay does not operate. For relays with adjustable settings, this test should be repeated at the minimum, midpoint, and maximum settings.

Step 3: Minimum Power Factor Test
At nominal voltage and with the minimum pickup (or ranges) determined in Step 1, adjust the current phase angle to 84 or 276 degrees. Increase the current level to pickup (about 10 times higher than at 0 degrees) and verify that the relay operates. Repeat for phase angles of 90, 180 and 270 degrees and verify that the relay does not operate.

Step 4: Negative Sequence Voltage Test
Using the pickup settings determined in Step 1, apply rated relay voltage and current at 180 degrees from tripping direction, to A.16.c
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simulate normal load conditions (for three-phase relays, use Ia at 180, Ib at 60 and Ic at 300 degrees). Remove phase-1 voltage and observe that the relay does not operate. Repeat for phases-2 and 3.

Step 5: Load Current Test
Using the pickup settings determined in Step 1, apply rated voltage and current at 180 degrees from the tripping direction, to simulate normal load conditions (use Ia at 180, Ib at 300 and Ic at 60 degrees).

Observe that the relay does not operate.

Step 6: Unbalanced Fault Test
Using the pickup settings determined in Step 1, apply rated voltage and 2 times rated current, to simulate an unbalanced fault in the nontrip direction (use Va at 0 degrees, Vb and Vc at 180 degrees, Ia at 180 degrees, Ib at 0 degrees, and Ic at 180 degrees). Observe that the relay, especially single phase, does operate properly.

Step 7: Time Delay Settings Test
Apply Step 1 settings and set time delay to minimum setting. Adjust the current source to the appropriate level to determine operating time, and compare against calculated values. Verify that the timer stops when the relay trips. Repeat at midpoint and maximum delay settings.

Step 8: Dielectric Test
Perform the test described in IMVU 414 using 2 kV RMS for 1 minute.

Step 9: Surge Withstand Test
Perform the surge withstand test described in IEEE C37.90.1.1989 or the surge withstand capability test described in J.3.e. (2) Discrete Underpower Relay Test
This version of the Non-Exporting test procedure is intended for discrete underpower relay packages and meets the requirements of Option 2 of Screen 2. A trip output will be provided when import power (toward the Producer’s load) drops below the specified level.

Note: For an underpower relay, pickup is defined as the highest power level at which the relay indicates that the power is less than the set level.

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Step 1: Power Flow Test at Minimum, Midpoint and Maximum Pickup Level Settings
Determine the corresponding secondary pickup current for the desired power flow pickup level of 5% of peak load minimum pickup setting. Apply rated voltage and current at 0 (zero) degrees phase angle in the direction of normal load current. Decrease the current to pickup level. Observe the relay’s (LCD or computer display) indication of power values. Note the indicated power level at which the relay trips. The power indication should be within 2% of the expected power. For relays with adjustable settings, repeat the test at the midpoint, and maximum settings. Repeat at phase angles of 90, 180 and 270 degrees and verify that the relay operates (measured watts will be zero or negative).

Step 2: Leading Power Factor Test
Using the pickup current setting determined in Step 1, apply rated voltage and rated leading power factor load current in the normal load direction (current leading voltage by 45 degrees). Decrease the current to 145% of the pickup level determined in Step 1 and verify that the relay does not operate. For relays with adjustable settings, repeat the test at the minimum, midpoint, and maximum settings.

Step 3: Minimum Power Factor Test
At nominal voltage and with the minimum pickup (or ranges) determined in Step 1, adjust the current phase angle to 84 or 276 degrees. Decrease the current level to pickup (about 10% of the value at 0 degrees) and verify that the relay operates. Repeat for phase angles 90, 180 and 270 degrees and verify that the relay operates for any current less than rated current.

Step 4: Negative Sequence Voltage Test
Using the pickup settings determined in Step 1, apply rated relay voltage and 25% of rated current in the normal load direction, to simulate light load conditions. Remove phase 1 voltage and observe that the relay does not operate. Repeat for Phases-2 and 3.

Step 5: Unbalanced Fault Test
Using the pickup settings determined in Step 1, apply rated voltage and two times rated current, to simulate an unbalanced fault in the normal load direction (use Va at 0 degrees, Vb and Vc at 180 A.16.c
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degrees, Ia at 0 degrees, Ib at 180 degrees, and Ic at 0 degrees).

Observe that the relay (especially single-phase types) operates properly.

Step 6: Time Delay Settings Test
Apply Step 1 settings and set time delay to minimum setting. Adjust the current source to the appropriate level to determine operating time, and compare against calculated values. Verify that the timer stops when the relay trips. Repeat at midpoint and maximum delay settings.

Step 7: Dielectric Test
Perform the test described in IEC 414 using 2 kV RMS for 1 minute.

Step 8: Surge Withstand Test
Perform the surge withstand test described in IEEE C37.90.1.1989 or the surge withstand test described in Section J.3.e. (3) Tests for Inverters and Controllers with Integrated Functions Inverters and controllers designed to provide reverse or underpower functions shall be tested to certify the intended operation of this function.

Two methods are acceptable:

Method 1: If the inverter or controller utilizes external current/voltage measurement to determine the reverse or underpower condition, then the inverter or controller shall be functionally tested by application of appropriate secondary currents and potentials as described in the Discrete Reverse Power Relay Test, Section J.7.a.(1) of this Rule.

Method 2: If external secondary current or voltage signals are not used, then unit-specific tests must be conducted to verify that power cannot be exported across the PCC for a period exceeding two seconds. These may be factory tests, if the measurement and control points are integral to the unit, or they may be performed in the field.
b. In-rush Current Test Procedures
This test will determine the maximum In-rush Current drawn by the Generator. (1) Locked-Rotor Method
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Use the test procedure defined in NEMA MG-1 (manufacturer’s data is acceptable if available).
(3) Start-up Method
Install and setup the Generating Facility equipment as specified by the manufacturer. Using a calibrated oscilloscope or data acquisition equipment with appropriate speed and accuracy, measure the current draw at the Point of Interconnection as the Generating Facility starts up and parallels with MVU’s Distribution System. Startup shall follow the normal, manufacturerspecified procedure. Sufficient time and current resolution and accuracy shall be used to capture the maximum current draw within 5%. In-rush Current is defined as the maximum current draw from MVU during the startup process, using a 10-cycle moving average. During the test, the utility source, real or simulated, must be capable of maintaining voltage within +/- 5% of rated at the connection to the unit under test. Repeat this test five times. Report the highest 10-cycle current as the In-rush Current. A graphical representation of the time-current characteristic along with the certified In-rush Current must be included in the test report and made available to MVU.

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ELECTRIC RULE 21A–GENERATION INTERCONNECTION RULES, TERMS AND

CONDITIONS(OBSOLETE)
Applicability
The former MVU Net Energy Metering 2.0/Interconnection Agreement has been replaced by Rule 21A. This rule applies to all interconnections between MVU and the generation Producer providing for the Interconnection of a Generating Facility that gives certain rights and obligations to effect or end Interconnection.

Applicable to Customer-Generators, as defined in Section 2827 of the California Public Utilities Code, operating a renewable electrical generation facility, as therein defined, located on the customer’s owned, leased, or rented premises, is a vendor/contractor owned PV system that is leased or rented (includes a purchase power agreement) to an MVU electric customer or a customer owned system that is intended primarily to offset part or all of the customer’s own electrical requirements and which is interconnected and operates in parallel with MVU’s power system as authorized by MVU.

Territory
Within the entire territory served by Moreno Valley Utility.

Net Surplus Compensation Rate
The net surplus compensation rate per kWh applied to any net surplus energy remaining at the end of the customer’s relevant period based on the MVU rate under which the customer is billed and all the conditions thereof.

Special Conditions

1. As determined in each billing period, when a customer is a net consumer of energy, the resulting net consumed energy will be used in the calculation of all applicable energy charges.

2. As determined in each billing period, when a customer is a net producer of energy, the resulting net produced energy will be used in the calculation of a monetary value that shall only be applied to the customer’s monthly bill, including any minimum charges and applicable taxes. The customer acknowledges that no incentive is available for the installed PV system.

3. A customer is a net producer of energy when the amount of generated kilowatt-hours (kWh) of energy that is exported to MVU’s system exceeds the amount that the customer receives from MVU.

4. The monetary value calculated is the product of the net kWh produced multiplied by the Net Surplus Compensation Rate (NSCR).

5. The NSCR value is established by MVU to reflect the costs MVU avoids in procuring power during the time period net surplus generators are likely to produce excess power.

6. MVU shall retain any net surplus energy generated by the NEM customer, including any associated environmental attributes or renewable energy credits (“REC”).

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7. To be eligible for service under this Schedule, generating facilities must meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules regarding safety and reliability (i.e., MVU’s Electric Rule 21). All generating facilities must have a warranty of at least 10 years for all equipment and the associated installation from the system provider (not from MVU). All major solar system components (including PV panels and other generation equipment, inverters and meters) must be on the verified equipment list maintained by the CEC. Any other equipment, as determined by MVU, must be verified as having safety certification from a Nationally Recognized Testing Laboratory.

8. To be eligible for service under this Schedule, the customer’s generating facilities must be sized to offset part or all of the customer’s own electrical requirements and cannot be oversized. This means that the estimated output of the generating facility, using the CEC-AC nameplate rating for inverter-based generating facilities must not exceed the customer’s previous annual usage in kWh.

In the event that there is less than 12 months of previous recorded usage data, the standard of 2 watts per square foot of the premises will apply.

9. Customers seeking to interconnect their generating facilities for the purpose of receiving service under this Schedule are subject to the interconnection requirements and interconnection cost responsibility provisions as established in MVU’s Electric Rule 21.

10. A new customer of record who owns, rents, or leases a premise that includes a generating facility that was approved by MVU for parallel operation prior to the new customer moving in and/or taking electric service with MVU will take service under this Schedule as long as the requirements of this Schedule are met. This provision also applies to premises where the developer/contractor establishes the interconnection.

11. Existing generating facilities currently under Schedule NEM that are modified such that: (1) the generating capacity or output increases by 10% or more; or (2) adding battery storage will be placed under Schedule NEM 2.0.

12. Existing customers under Schedule NEM will remain under Schedule NEM for a period of fifteen (15) years from the original year in which their generating facility was interconnected to MVU’s grid as determined from the date the customer received the permission to operate (PTO), and then will be switched to Schedule NEM 2.0 or any otherwise applicable rate schedule. Existing customers under Schedule NEM can request to be placed under Schedule NEM 2.0 at any time; the customer’s account will be trued up at the time of the request. This means that any outstanding balance due or credit due will be applied to the next regular billing.

Solar or Wind Generating Facility

1. Operating Option

1. Customer has elected to construct, design, install, operate, and maintain the Facility in a manner consistent with the normal and safe operation of the electrical distribution system owned and operated by MVU. The Facility is intended primarily to provide part or all of the Customer’s own electrical energy A.16.c
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requirements. If the facility is within the service territory of MVU, then by that fact the Customer understands, accepts, and agrees that connection and operation of the Customer’s Facility shall be subject to the terms and conditions set forth in in MVU’s Electric Service Rules (the “Rules”).

2. Pursuant to Electric Service Rule No. 21 and Rule 21A, based on facility type and size, an Interconnection Fee may be required.

2. Credits for Net Energy

1. Customer is eligible to receive credits for energy if Customer’s monthly energy generated by the Facility exceeds Customer’s monthly energy requirements, calculated by the “Net Metering.” Net Metering uses a non-demand, time differentiated meter or meters to measure the difference between the energy supplied by MVU and the energy generated by the Facility and supplied to MVU.

Net metering account billing options, net energy carryover rules and restrictions, and energy costs are controlled by MVU’s Net Metering Schedule in effect at the time of Customer’s start of service.

3. Interruption or Reduction of Deliveries

1. MVU shall not be obligated to accept, and MVU may require Customer to interrupt or reduce, deliveries of energy to MVU: (a) when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of MVU’s equipment or part of the MVU system; or (b) if MVU determines that curtailment, interruption, or reduction of receipt of energy from Customer’s Facility is necessary because of emergencies, forced outages, force majeure, or compliance with prudent electrical practices.

2. Notwithstanding any other provision of this Rule, if at any time MVU, in its sole discretion, determines that either (a)the Facility may endanger MVU personnel or members of the general public, or (b) the continued operation of Customer’s Facility may impair the integrity of MVU’s electric distribution system, MVU shall have the right to disconnect Customer’s Facility from MVU’s electric distribution system. Customer’s Facility shall remain disconnected until such time as MVU is satisfied that the condition(s) referenced in (a) or (b) of this paragraph have been corrected, and MVU shall not be obligated to compensate Customer for any loss of use of generation or energy during any and all periods of such disconnection.

4. Interconnection

1. Customer shall deliver energy from the Facility to MVU at MVU’s meter.

2. Customer, and not MVU, shall be solely responsible for all legal and financial obligations arising from the construction, installation, design, operation, and maintenance of the Facility in accordance with all applicable laws and regulations.

3. Customer, at Customer’s sole expense, shall obtain and possess all permits and authorizations in accordance with all applicable laws and regulations for the construction, installation, design operation and maintenance of the Facility.

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4. MVU shall furnish and install one or more standard watt-hour meters to read energy generated by Customer’s Facility. Customer shall provide and install a meter socket and connections in accordance with MVU’s metering standards. If the Customer desires more detailed metering equipment, all associated costs will be incurred by the Customer.

5. MVU shall have the right to have its representatives present at the final inspection made by the governmental authority having jurisdiction to inspect and approve the installation of the Generating Facility or battery storage. For interconnections involving battery storage, Customer shall be responsible for all inspection and commissioning fees. Customer shall notify MVU in accordance with the terms of Section 12, herein, at least five (5) days prior to such inspection.

6. Customer shall not connect the Facility, or any portion of it, to MVU's distribution system, until written approval of Facility has been given to Customer by MVU.

Such approval shall not be unreasonably withheld.

7. Customer may reconnect its Facility to the MVU system following normal operational outages and interruptions without notifying MVU unless MVU has disconnected service, or MVU notifies Customer that a reasonable possibility exists that reconnection would pose a safety hazard.

8. If MVU has disconnected Service to the Facility, or MVU has notified Customer that a reasonable possibility exists that reconnection would pose a safety hazard, Customer may call MVU's Customer Service Center to request authorization to reconnect the Facility.

5. Design Requirements

1. Customer’s Facility, and all portions of it used to provide or distribute electrical power and parallel interconnection with MVU’s distribution equipment shall be designed, installed, constructed, operated, and maintained in compliance with this Rule. Compliance with this section is mandatory.

2. Customer shall conform to all applicable solar or wind electrical generating system safety and performance standards established by MVU’s Electric Service Rule No. 21, the National Electrical Code (NEC), the Institute of Electrical and Electronics Engineers (IEEE), and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission regarding safety and reliability, and applicable building codes.

6. Maintenance and Permits

1. Customer shall: (a) maintain the Facility and interconnection facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, requirements of Section 5 above, and (b) to the extent A.16.c
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that future requirements may require, obtain any governmental authorizations or permits required for the operation of the Facility. Customer shall reimburse MVU for any and all losses, damages, claims, penalties, or liability MVU incurs as a result of Customer’s failure to obtain or maintain any governmental authorizations and permits required for construction and operation of the Customer’s Facility.

7. Access to Premises

1. MVU may enter Customer’s premises without prior notice (a) to inspect, at all reasonable hours, Customer’s protective devices and read or test any meter for the Facility and (b) to disconnect, at any time, without notice, the Facility if, in MVU’s sole opinion, a hazardous condition exists and that immediate action is necessary to protect persons, or MVU’s facilities, or property of others from damage or interference caused by (1) Customer’s Facility, or (2) Customer’s failure to comply with the requirements of this Rule.

8. Indemnity and Liability by Customer

1. Customer shall indemnify and hold MVU, its directors, officers, agents and employees harmless against all loss, damages expense and liability to third persons for injury to or death of persons or injury to property caused by the Customer’s engineering design, construction, installation, ownership, maintenance or operations of the Facility in connection with this Agreement by reason of omission or negligence, whether active or passive. Customer shall, on MVU’s request, defend any suit asserting a claim covered by this indemnity. Customer shall pay all costs that may be incurred by MVU in enforcing this indemnity.

2. Neither MVU, its officers, agents nor employees shall be liable for any claims, demands, costs, losses, causes of action, or any other construction, ownership, maintenance or operation of, or making of replacements, additions or betterment to, Customer’s Facility except to the extent actually caused by the sole and gross negligence of the MVU.

3. Neither MVU, its officers, agents nor employees shall be liable for damages of any kind to the Facility caused by any electrical disturbance of the MVU system or on the system of another, whether or not the electrical disturbance results from the negligence of MVU.

9. Insurance

1. Customer is required to maintain insurance in force for the duration of this life of the Facilities in the amount of $xxx per install kW capacity of the Facilities. MVU shall have the right to inspect or obtain a copy of the original policy or policies of insurance prior to commencing operation. Such insurance shall, by endorsement to the policy or policies, provide for thirty (30) calendar days written notice to MVU prior to cancellation, termination, alteration, or material change of such insurance.

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CHART OF CHARGES AND FEES
Item Charge
Service Initiation Charge
Next Day, Normal Business Hours
Identity Verification Fee
$15.00
$5.00
Additional Charge for Same Day Turn On of Service $30.00 Additional Charge for Weekends and After Hours Turn On of Service $50.00 Deposits
Residential Service – Single Family Twice Average Monthly Bill, minimum $235
Residential Service – Mulit-Family Twice Average Monthly Bill, minimum $105
Non Residential Service Twice Maximum Monthly Bill
Reestablishment of Credit Twice Maximum Monthly Bill
Interest on Deposits 1/12th of the Interest Rate on
Commercial Paper
(Prime, 3 Months)
Interest on Unauthorized Use Billings 10% Per Annum
Interest on Amortized Repayment Agreements 10% Per Annum Return Check Charge $31.00
Field Notification Charge
Collection Processing Fee
$10.00
$30.00
Meter Test Deposit – (Refunded if Meter Registers within Parameters) Meter Installed without Current or Potential Transformer $20.00 Meter Installed with Current or Potential Transformer $100.00 Late Charge 0.9% per Month of Unpaid
Balance
Utility Users Tax 5.75%
Reconnection Charge
Meter Panel – Next Day $20.00
Meter Panel – Same Day During Working Hours $30.00
Meter Panel – Weekends and After Hours $50.00
Pole / Service Structure – Next Day $60.00
Pole / Service Structure – Same Day During Working Hours $75.00 Pole / Service Structure – Weekends and After Hours
Transformer/Structure Due to Energy Theft
$90.00
$150.00
Damaged Steel Lock-ring $15.00
Damaged Aluminum Lock-ring $5.00
Replaced Damaged Meter Actual cost
(time and material)
$2,000
A.16.c
Packet Pg. 1088 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit
B
Resolution No. 2023-XX Date Adopted: May 16, 2023
149
Rule 21 Application Fee
Rule 21 Supplemental Review Fee
$75.00
$800.00
A.16.c
Packet Pg. 1089 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
150
PLAN CHECKINGand INSPECTION/TESTING FEES
Upon submittal of improvement plan(s) for a project’s electrical distribution system, line extension facilities and/or structures for plan review, the submittal shall be accompanied with a deposit of an amount equal to

3.25% of the engineer’s estimated construction costs for improvements. Prior to second submittal of improvement plans, the City Engineer will approve a final cost for improvements and a plan review fee will be established. From this final fee, the deposit will be deducted. This fee shall be paid prior to the second submittal of the improvement plan(s).

Improvement Plans
(Total cost of construction)
Off-Site & On-Site 1-3 submittals

First $20,000.00 4.0%

Next $80,000.00 3.5%

Over $100,000.00 3.25%

4th and subsequent submittals per sheet $248.00/sheet
or as directed by
City Engineer
Revisions (Improvement Plans)

Minor per sheet $261.00

Major per sheet (minimum fee) $269.00
Inspection and Testing

(Total cost of construction)
Off-Site & On- Site

First $20,000.00 4.0%
Next $80,000.00 3.5%

Over $100,000.00 3.25%

A.16.c
Packet Pg. 1090 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Report to City Council
ID#6162 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 16, 2023
TITLE: APPROVE AN AGREEMENT BETWEEN WRCOG AND

THE CITY OF MORENO VALLEY FOR TUMF FUND

REIMBURSEMENT BY WRCOG AND APPROVE AN

AGREEMENT WITH MICHAEL BAKER INTERNATIONAL
INC. FOR THE SR-60 / WORLD LOGISTIC CENTER

PARKWAY INTERCHANGE IMPROVEMENTS, PROJECT
NO. 801 0052

RECOMMENDED ACTION
Recommendations:

1. Accept and approve the Transportation Uniform Mitigation Fee (TUMF) Program Reimbursement Agreement between the Western Riverside Council of Governments (WRCOG) and the City of Moreno Valley (City) in the amount of up to $3,500,000 for the Plans, Specifications & Estimates (PS&E, up to 65% design) Phase for the SR-60/World Logistic Center Parkway Interchange Improvements Project;

2. Authorize the City Manager to execute the TUMF Program Reimbursement Agreement, in substantial conformance with the attached template, upon concurrence by WRCOG, and subject to the approval of the City Attorney;

3. Authorize the Public Works Director/City Engineer to execute any subsequent amendments to the TUMF Program reimbursement agreement, subject to the approval of the City Attorney;

4. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report;

5. Approve the Agreement for Professional Consultant Services with Michael Baker International Inc. to provide design services (up to 65% design) for the Plans, A.17
Packet Pg. 1091

Specifications, and Estimates (PS&E) Phase for the SR-60/World Logistic Center Parkway Interchange Improvements Project;

6. Authorize the City Manager to execute the Agreement for Professional Consultant Services with Michael Baker International Inc.;

7. Authorize the issuance of a Purchase Order to Michael Baker International Inc. in the amount of $3,399,990.23 once the Agreement has been signed by all parties; and

8. Authorize the City Manager to execute any subsequent amendments to Michael Baker International Inc. agreement within Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.

SUMMARY
This staff report recommends approval of the TUMF Program Reimbursement Agreement between WRCOG and the City in the amount of up to $3,500,000 in TUMF funding to fund the Plans, Specifications & Estimates (PS&E, up to 65% design) Phase of the SR-60/World Logistic Center Parkway Interchange Improvements project. This Agreement is similar to the Agreement for work that has started on the SR-60/Redlands Boulevard Interchange project. Approval of the standard inter-agency reimbursement agreement between WRCOG and the City would allow the City to complete a portion of the PS&E phase and seek reimbursement of TUMF funds from WRCOG. This staff report also recommends approval of an Agreement for Professional Consultant Services with Michael Baker International Inc in the amount of $3,399,990.23 to provide design services (up to 65% design) for PS&E Phase of the project.

DISCUSSION
WRCOG has developed and been administering the TUMF program that ensures new developments within the western Riverside County region pay their fair share for the increased traffic that they create. Developers pay the fee directly to WRCOG that in turn covers various costs for regional transportation improvement projects identified in WRCOG’s Nexus Study. The Nexus Study includes interchange projects at SR60/Redlands Boulevard, SR-60/World Logistic Center Parkway, and SR-60/Gilman Springs Road among other street improvements within the City of Moreno Valley.

Similar to the SR-60/Redlands Boulevard Project Approval/Environmental Document funding from WRCOG that is currently underway, the SR-60/World Logistic Center Parkway Interchange project has received TUMF funding for needed improvements.

The WRCOG Executive Committee approved the standard agreement to reimburse TUMF funds between WRCOG and the City of Moreno Valley for the PS&E Phase at its meeting on March 6, 2023 and requesting the City to execute this agreement so that the project can move forward.

A.17
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The purpose of this project is to improve existing interchange geometrics including increasing bridge height to meet Caltrans standards; enhance freeway access and regional goods movement; provide pedestrian crossing bridge, improve traffic operations to support the forecast travel demand for the future years; and accommodate a multimodal facility.

In 2013, Michael Baker International Inc. (formerly RBF Consulting) was awarded with a contract by the City Council to complete the PA&ED Phase that included Project Approval, Geometric Approval Drawings, and Environmental Documents. At the end of the PA&ED Phase, a Project Report (PR) was completed and approved by the City and Caltrans in December 2020 to include necessary documents ready for the next phase (PS&E Phase) of the project.

Michael Baker International’s scope of work for this agreement includes completing up to 65% design for the project’s PS&E Phase and perform revalidation of the environment and permitting documents that were completed in the previous PA&ED Phase. The consultant’s scope of work also includes the development of the design quality management plan, right of way constraint studies and mapping, conceptual landscape plan, value analysis study and utility relocation feasibility study.

ALTERNATIVES

1. Approve and authorize the recommendations as presented in this report. This alternative will allow the SR-60/World Logistic Center Parkway Interchange Improvements project to move forward with the PS&E Phase in a timely manner and enable the City to receive reimbursement for design costs from the WRCOG TUMF program.

2. Do not approve the recommended actions as presented in this staff report. This alternative will prohibit the City from receiving TUMF funding reimbursement for the project and will not allow the PS&E Phase initiated which inevitably will delay the design of much needed improvements for SR-60/World Logistic Center Parkway Interchange.

FISCAL IMPACT
Approval of the TUMF Program Reimbursement Agreement between WRCOG and the City would provide the City with TUMF funding in the amount of up to $3,500,000 which will be utilized to fund the PS&E Phase design costs. There is no impact to the General Fund. Staff is requesting a budget adjustment as follow:

Category Fund GL Account
Project Number
Type FY 22/23
Budget
Proposed
Adjustment
FY 22/23
Amended Budget
CIP TUMF Capital Projects
3003-99-99-93003-483010
801 0052-3003-98 REV $0 $3,500,000 $3,500,000
A.17
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CIP TUMF Capital Projects 3003-70-77-80001-720199
801 0052-3003-99 EXP $0 $3,500,000 $3,500,000
BUDGET – FISCAL YEAR 2022/23:

TUMF Capital Projects Fund
(Account 3003-70-77-80001-720199) (Project No. 801 0052-3003-99)……....$3,500,000 ESTIMATED PROJECT COSTS:

PS&E Phase ................................................................................................... $3,500,000 ANTICIPATED PROJECT SCHEDULE:

Complete up to 65% Design of PS&E Phase .................................................End of 2025

NOTIFICATIONS
Publication of Agenda

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Quang Nguyen, P.E. Melissa Walker, P.E.

Senior Engineer Public Works Director/City Engineer
Concurred By:

Harold Zamora, P.E.

Principal Engineer

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 incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

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
A.17
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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. Location Map

2. WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang

3. MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23

APPROVALS
Budget Officer Approval ✓ Approved . 5/05/23 10:43 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/05/23 11:26 AM
A.17
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A.17.a
Packet Pg. 1096 Attachment: Location Map (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF MORENO VALLEY FOR TUMF FUND

TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM

AGREEMENT TO REIMBURSE TUMF FUNDS
SR-60/WORLD LOGISTICS CENTER PARKWAY INTERCHANGE IMPROVEMENTS PA&ED AND PS&E PHASES (AT 65% DESIGN)
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of __________, 2023, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and City of Moreno Valley (AGENCY). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).

B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.

C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.

D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for SR-60/World Logistic Center Parkway Interchange Improvements, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates (at 65% design level) A.17.b
Packet Pg. 1097 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.

3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.

4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.

5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in A.17.b
Packet Pg. 1098 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.

6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.

7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.

8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.

9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.

A.17.b
Packet Pg. 1099 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

10. AGENCY’s Local Match Contribution. AGENCY local match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”

11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Michael Lloyd, City Engineer, or his or her designee, as the AGENCY’s representative to WRCOG.

The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.

13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.

14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.

15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30-day period to cure any alleged breach. During the 30-day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the A.17.b
Packet Pg. 1100 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.

18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, A.17.b
Packet Pg. 1101 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.

19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.

A.17.b
Packet Pg. 1102 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.

21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.

23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.

24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

A.17.b
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26. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

27. Time of Essence. Time is of the essence for each and every provision of this Agreement.

28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.

30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.

31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.

32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

If to AGENCY: City of Moreno Valley
Capital Projects Division
P.O. Box 88005
Moreno Valley, CA 92552-0805
Telephone: (951) 413-3130
Facsimile: (951) 413-3170
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the A.17.b
Packet Pg. 1104 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

33. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties.

34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.

36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.

38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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Packet Pg. 1105 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.

WESTERN RIVERSIDE COUNCIL CITY OF MORENO VALLEY

OF GOVERNMENTS
By: Date: By: Date:

Dr. Kurt Wilson Mike Lee
Executive Director City Manager
Approved to Form: Approved to Form:

By: Date: By: Date:

Steven C. DeBaun Steve Quintanilla
General Counsel Interim City Attorney
A.17.b
Packet Pg. 1106 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

Exhibit A

EXHIBIT “A”

SCOPE OF WORK
SCOPE OF WORK:

The purpose of the project is to construct necessary improvements to the World Logistics Center Parkway (WLC) Overcrossing at SR-60 in the City of Moreno Valley to provide standard vertical clearance for the interchange, improve existing and future traffic congestion at the interchange ramps during peak periods, improve general traffic flow along the freeway and local streets, and enhance freeway access and regional goods movements.

The proposed improvements include: 1) reconfiguration of the interchange with roundabout and meter intersection control at the ramps, 2) modifications to the ramp widths to accommodate vehicle storage, ramp meter equipment, and California Highway Patrol enforcement areas, 3) widening of WLC and replacement of the overcrossing structure, 4) improvements to pedestrian and ADA access, 5) addition of auxiliary lane on SR-60 in each direction through the interchange, 6) related street, drainage, utility, landscape/hardscape and irrigation, and traffic improvements as required by the City and Caltrans.

The project scope of work is to complete the Project Approval and Final Environmental Document (PA&ED) Phase and complete up to 65% design of the Plans, Specifications and Estimate (PS&E) Phase.

A.17.b
Packet Pg. 1107 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

Exhibit A – 1

EXHIBIT “A-1”

ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $250,000 $250,000
PS&E (up to 65% design) $3,250,000 $3,250,000
PS&E (65% to 100% design) 0 0
RIGHT OF WAY 0 0
CONSTRUCTION 0 0
TOTAL $3,500,000 $3,500,000
A.17.b
Packet Pg. 1108 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

Exhibit A – 2

EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion
Date
Estimated
Cost Comments
PA&ED 12/30/2023

$250,000
PS&E (up to 65% design) 12/30/2024

$3,250,000
PS&E (65% to 100% design) N/A-Future Phase
RIGHT OF WAY N/A-Future Phase
CONSTRUCTION N/A-Future Phase
TOTAL $3,500,000
A.17.b
Packet Pg. 1109 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B

Elements of Compensation
EXHIBIT “B”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.

2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.

3. Jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.

4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.

5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.

6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:

A.17.b
Packet Pg. 1110 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B

“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.

Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________

8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.

If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.

A.17.b
Packet Pg. 1111 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-1

EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:

1.1.2.1 Direct Salary Costs ____________________

1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

1.1.2.3 Overhead Costs ____________________
A.17.b
Packet Pg. 1112 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-1

The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 The fixed fee is $______________________.

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.

A.17.b
Packet Pg. 1113 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-1

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]

Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour

2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.

3. INVOICING.

3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.

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Packet Pg. 1114 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-1

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.

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Packet Pg. 1115 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-2

EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .

The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By: _____________________________
Name
Title
cc:

A.17.b
Packet Pg. 1116 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-3

EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
A.17.b
Packet Pg. 1117 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-4

EXHIBIT B-4

SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
A.17.b
Packet Pg. 1118 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT [INSERT PROJECT #]
Exhibit B-5

EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
A.17.b
Packet Pg. 1119 Attachment: WRCOG_Moreno Valley TUMF Reimbursement Agreement_SR60-WLC Interchang [Revision 4] (6162 : APPROVE AN AGREEMENT

1 AGREEMENT FOR PROFESSIONAL CONSULTANT DESIGN SERVICES FOR STATE ROUTE 60/WORLD LOGISTIC CENTER PARKWAY

INTERCHANGE IMPROVEMENTS
PROJECT NO. 801 0052
This Agreement is by and between the City of Moreno Valley, California, a municipal corporation, hereinafter described as "City," and Michael Baker International Inc., a Pennsylvania 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 work hereinafter described as "Project"; and
WHEREAS, the City in May 2013 solicitated Request for Proposals for Professional Consultant Services on State Route 60/World Logistic Center Parkway (formally known as Theodore Street) Interchange Improvements to complete the Planning, Design, and Right-ofWay/Utility phases; and WHEREAS, the Consultant was selected and on July 13, 2016 entered into an Agreement with the City to prepare the Planning Phase of the Project including a Project Report and Environmental Document; and
WHEREAS, the City desires to proceed with the Design Phase of the Project consisting of preliminary design and cost estimates up to 65% completion, right-of-way engineering, utility verification and mapping, landscaping conceptual planning, value analysis study, and agencies coordination; and
WHEREAS, the City has requested Consultant to provide a scope and fee proposal for the 65% Design Phase as described in Exhibit "A" (City’s Scope and Fee Request Letter) attached hereto; and
A.17.c
Packet Pg. 1120 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF

AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
2 WHEREAS, the Consultant submitted a scope of work and fee proposal dated April 27, 2023, as described in Exhibit “B” (Consultant’s Scope of Work and Schedule) and attached hereto; and
THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:

DESCRIPTION OF PROJECT

1. The project is described as professional consultant services for:

STATE ROUTE 60/WORLD LOGISTIC CENTER PARKWAY

INTERCHANGE IMPROVEMENTS
Project No. 801 0052

SCOPE OF SERVICES

2. The Consultant's scope of service is described on Exhibit "B" attached hereto and incorporated herein by this reference.

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 "Notto-Exceed" fee of $3,399,990.23 in accordance with the payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.

TERM OF AGREEMENT

5. This agreement will terminate on December 31, 2026 , or prior if parties are in mutually agreement; otherwise the termination date may be extended by an amendment to this agreement.

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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
3 TIME FOR PERFORMANCE

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

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

8. The Consultant and the City agree that the schedule in Paragraph 7 above represents their best estimates with respect to completion dates, and both the Consultant and the City acknowledge that it will not unreasonably withhold approval of the Consultant’s requests for extensions of time in which to complete the work required of the Consultant hereunder.

9. The Consultant shall not be responsible for performance delays caused by others or delays beyond the Consultant's reasonable control, and such delays shall extend the time for performance of the work by the Consultant. Delays caused by non-performance or unjustified delay in performance by a subconsultant of the Consultant are not considered to be beyond the Consultant's reasonable control.

10. (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

11. 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 A.17.c
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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
4 employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.

12. 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.

13. The Consultant and the City agree to use reasonable care and diligence to perform their respective services under this Agreement, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California working under similar circumstances (“Standard of Care”). Unless hereinafter specified, neither party shall be responsible for the services of the other or any subcontractor or sub-consultant employed by the other party.

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

15. (a) To the maximum extent allowable by law, the Consultant agrees to indemnify, defend, and hold the City, its officers, agents and employees harmless from any and all, claims, demands, damages, losses, costs, causes of action and demands, or liability, including without limitation the payment of expert witness fees, reasonable attorneys’ fees, costs of settlement and other related costs and expenses arising out, pertain or relate to Consultant’s, or its subconsultants’ and/or agents', negligence, recklessness, or willful misconduct in the performance of this Agreement; provided, however, the obligation does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any A.17.c
Packet Pg. 1123 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF

AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
5 passive negligence of the City unless caused at least in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
(b) The City agrees to indemnify, defend and save the Consultant and their officers, agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the City's and WRCOG’s employees and all claims which arise from or are connected with the negligent performance or failure to perform the services or other obligations of the City under this Agreement, or are caused or claim to be caused by the negligent acts of the City and WRCOG, their officers, agents or employees, or its subcontractor(s) or any person acting for the City or under its control or direction; provided, however, that this indemnification and hold harmless shall not include any claims arising from the negligence or willful misconduct of the Consultant, its officers, agents or employees.

16. (a) The Consultant shall procure and maintain, at its sole expense, throughout the term of this Agreement and any extension thereof, Professional Errors and Omission Insurance coverage in the form and substance and with carriers acceptable to the City. Such coverage limits shall not be less than $1,000,000 per claim and aggregate. (b) During the entire term of this Agreement, the Consultant agrees to procure and maintain General Liability Insurance in form and substance and with carriers acceptable to the City at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Consultant its sub-consultant or any person acting for the Consultant or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property A.17.c
Packet Pg. 1124 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF

AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
6 of any persons caused directly or indirectly by or from acts or activities of the Consultant or its subconsultants, or any person acting for the Consultant or under its control or direction. (c) Such Public Liability and Property Damage Insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum limits provided below:

GENERAL LIABILITY
Bodily Injury $1,000,000 per occurrence
Property Damage $1,000,000 per occurrence
A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the above minimum limits.
(d) If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the Consultant agrees that the minimum general liability limits hereinabove designated shall be changed accordingly upon request by the City Manager.
(e) The Consultant shall procure and maintain, at its sole expense, and throughout the term of this Agreement and any extension thereof, Automobile Liability Insurance coverage for owned and non-owned automobiles equipment operated on City premises. Such coverage limits shall not be less than $1,000,000 combined single limit. (f) The Consultant shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Consultant and the City and WRCOG against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Consultant in the course of carrying out the A.17.c
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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
7 Agreement.
(g) A Certificate of Insurance, or an appropriate insurance binder evidencing the above insurance coverage shall be submitted to the City Clerk prior to the execution of this Agreement on behalf of the City.
(h) The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
"Solely as respect to services done by or on behalf of the named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley and Western Riverside Council of Governments, their officers, employees and agents are included as additional insured under the commercial general and automobile liability policies and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley and Western Riverside Council of Governments, their officers, employees and agents." (i) Insurance companies providing insurance hereunder shall be rated (A minus: VII - Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. (j) The terms of the insurance policy or policies issued to provide the above insurance coverage shall not be amended to reduce the above required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event the said insurance is canceled, the Consultant shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established.

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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
8 17. During the performance of this Agreement, the Consultant will not unlawfully discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, sex, or age. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, creed, color, national origin, sex, or age.

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

19. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, in both hard copy and electronic format, 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. It shall be understood that the City shall be the owner of all project-related documents and drawings at all times and during all phases of the project.
(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 projects without the permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.

20. (a) The City may terminate this Agreement without fault on the part of Consultant by giving at least ten (10) days written notice to the Consultant. The written notice shall specify A.17.c
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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
9 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 nonobjected to services performed by the Consultant in accordance herewith through the date of termination. Such termination may be effective immediately. (b) Upon notice of termination, the Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, in both hard copy and electronic format, fully completed and detailed project-related documents which shall become the property of the City. Subject to 20.a. of this Agreement, the City shall make payment to Consultant for work or services performed within the Standard of Care upon termination. The Consultant may retain for its files and copies of any and all materials, including drawings, documents, and specifications produced by the Consultant in performance of this Agreement. It shall be understood that the City shall be the owner of all project-related documents and drawings, regardless of the completeness of said documents.
(c) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(d) Either party may terminate this Agreement for cause; provided, however, if the party claimed to be in default commences to cure, correct or remedy the alleged default within fourteen (14) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated A.17.c
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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
10 therewith. In the event the City so terminates this Agreement for cause, the Consultant shall perform no further service(s) under the Agreement unless the notice of termination authorizes such further work.

21. 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.

22. 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 regarding 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.

23. This Agreement represents the entire and integrated Agreement between the City 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.

24. 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 A.17.c
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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
11 by the Consultant for three (3) years following completion of the services under this Agreement.

25. 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.

26. The Consultant shall employ no City official or employee in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.

27. All Plans, drawings, Specifications, 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.

28. The Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” _____
Initials
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not A.17.c
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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
12 independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

Consultant hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, which may provide services to City under the Agreement, prior to such person performing any services thereunder. Nothing herein shall be deemed or interpreted to limited a CalPERS retiree’s obligations under applicable law, rules or regulations.

SIGNATURE PAGE FOLLOWS
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AGREEMENT FOR PROFESSIONAL

CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
13 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Michael Baker International Inc.

BY: BY:

Mike Lee, City Manager
DATE:

TITLE:
(President or Vice President)
BY:

TITLE:
(Corporate Secretary)
Enclosures: Exhibit “A” – City’s Scope and Fee Request Letter Exhibit “B” – Consultant’s Scope of Work and Schedule
Exhibit “C” – City’s Responsibility
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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INTERCHANGE IMPROVEMENTS PROJECT
1 SCOPE OF WORK

PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) FOR

IMPROVEMENTS TO
STATE ROUTE 60 (SR-60) / WORLD LOGISTICS CENTER PARKWAY

INTERCHANGE
April 27, 2023
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INTERCHANGE IMPROVEMENTS PROJECT
2 PROJECT DESCRIPTION AND UNDERSTANDING
In December 2020, the Caltrans Project Report (PR) was completed for the reconstruction and improvement of the World Logistics Center Parkway (WLC Pkwy) and State Route 60 (SR-60) interchange (PROJECT). The proposed improvements, in the City of Moreno Valley (CITY) and partially in the Unincorporated County of Riverside, will provide standard vertical clearance for the WLC Pkwy Overcrossing at SR-60, improve existing and future traffic congestion at the interchange ramps during peak periods, and improve general traffic flow along the freeway and local streets. The project was environmentally approved as an EA under NEPA, and an EIR under CEQA. Building on the studies from the prior phase of work, Michael Baker International (CONSULTANT) proposes to provide the professional and technical services to prepare the required Plans, Specifications, and Estimates (PS&E) necessary to complete this design phase and begin construction.

General Assumptions
The project design is based on the approved Alternative 6 along SR-60 between PM 20.0 and 22.0, and as described in the Project Report. The District 8 EA is 0M590, and the PR was signed by Michael D. Beauchamp, District Director, on 12/8/2020. This general scope includes SR-60 improvements from approximately PM20.0 to PM22.0; WLC Pkwy improvements from approximately station 20+00 in the south to Ironwood Avenue in the north. The interchange will include two roundabouts, two on-ramps and two off-ramps interfacing between SR-60 and WLC Pkwy; separate north and south vehicular bridges, and a separate cable stayed multi-use pedestrian bridge between the two vehicular bridges. It is understood that other requirements described in the PR outside of the WLC Pkwy interchange, such as roadway improvements south of STA 20+00, Eucalyptus Ave, improvements, and the improvements to the 60-inch corrugated metal pipe located under SR-60 near the Gilman Springs Road WB on-ramp usable by wildlife will be done by others.

The services performed by CONSULTANT will be accomplished in Three Phases:

Phase I • Plans, Specifications and Estimates (PS&E)
Phase II • Bid Support during Advertisement
Phase III • Construction Support
Phase I (PS&E) will proceed upon written Notice to Proceed (NTP). The remaining phases will not proceed until authorized in writing by the CITY.

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INTERCHANGE IMPROVEMENTS PROJECT
3 Coordination
Successful delivery of the PS&E package will require clear communication with a number of project stakeholders. As such, the CONSULTANT shall coordinate as needed with the development team and other involved and approving agencies throughout the development of the design plans. Coordination may include, but will not necessarily be limited to the following:
• City of Moreno Valley
• Caltrans (District 8 and HQ)
• Federal Highway Administration
• Regional Water Quality Control Board
• Utility Companies
• United States Army Corps
• California Department of Fish and Wildlife
• State Water Resources Control Board
• County of Riverside Transportation Dept.
• Riverside County Flood Control and Watershed Conservation District Caltrans will exercise review and approval function of the plans within the State right-ofway and will include review by the City at key points in the development process.

Milestone PROJECT design reviews will be performed for the specific products and deliverables listed herein. The City and Caltrans will conduct these reviews, and continuous dialogue will be maintained between the reviewing agencies and the design team through monthly project status reports and meetings. All meetings with other outside agencies will be scheduled by CONSULTANT with approval of City.

Standards
The Plans Specifications and Estimates shall be prepared in accordance with Caltrans regulations, policies, procedures, manuals and standards as well as any Federal Highway Administration (FHWA) requirements. Improvements of local roads will be prepared in accordance with City standards unless otherwise directed by the City. All Documents shall be prepared using English standards and dimensions.

1. Environmental
The procedures to be followed and the content of any required environmental survey updates, environmental technical reports, and environmental documentation are set forth in Caltrans “Project Development Procedures Manual,” Caltrans “Environmental Handbooks”, Caltrans Transportation Laboratory technical manuals for environmental studies, Caltrans Standard Environmental Reference (SER), and FHWA’s “Technical Advisory T6640.8A.” A.17.c
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INTERCHANGE IMPROVEMENTS PROJECT
4 Federal and state requirements for environmental analysis and impact assessment, as set forth in the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other applicable federal and state regulations, must be satisfied.

2. Survey
Aerial topography obtained in the prior phase (2013) is deemed to be acceptable for design, and any required site design surveys shall be performed in accordance with the current Department of Transportation (Caltrans) “Survey Manual” and its revisions. Work not covered by the manual shall be performed in accordance with accepted professional surveying standards as approved by Caltrans and/or the City.

3. Design
Roadway and Structures design shall be in accordance with the current Caltrans manuals such as the Highway Design Manual and its revisions along with current and applicable MUTCD, as well as applicable City standards. The design concept shall be in accordance with the approved Project Report and Final Environmental Document with supplements and updates as needed.

STATEMENT OF WORK

1. TASK 1 – PROJECT MANAGEMENT / COORDINATION / ADMINISTRATION This task covers project management services including the requirements for meetings, schedules, progress reports, invoicing, and administration of CONSULTANT’s work.

1.1 Coordination/Administration

1.1a Coordination and Meetings
Meetings with affected parties shall be held to discuss issues pertinent to analysis, design, and effects of the Project. During these meetings, the City and Caltrans may provide direction for development of the PS&E.

CONSULTANT shall participate in the following meetings:

Project Development Team (PDT) Meetings with the City and Caltrans shall be held on a monthly basis to discuss policy, procedural and freewayspecific issues. CONSULTANT shall bring progress plans and presentation materials as appropriate.

Agency Coordination/Technical Workshop Meetings shall be held as needed to discuss technical issues with specific agencies. CONSULTANT A.17.c
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INTERCHANGE IMPROVEMENTS PROJECT
5 shall bring progress plans and presentation materials as appropriate.

Right-of-way Coordination Meetings shall be held before starting work between CONSULTANT and the Chief of Caltrans District 8 R/W Engineering (CHIEF). Thereafter monthly progress meetings shall take place between CONSULTANT and the CHIEF at District 8 headquarters.

An emergency meeting may be called at any time to address pressing problems.

Constructability Workshop Meetings shall be held if needed with Caltrans to present, discuss and resolve constructability issues to minimize construction change orders. CONSULTANT shall present progress plans and specifications prior to the 65% and 95% submittals. Provide special presentation materials as needed to convey and resolve constructability issues.

A Safety Review Meeting shall be held with the CITY and Caltrans at the 95% submittal only.

Deliverables:

Following are the meeting materials which CONSULTANT will be responsible for preparing and providing:
• Notices
• Agendas
• Handouts
• Minutes
• Exhibits (as required)

1.1b Administration
Following are administrative duties which shall be performed by CONSULTANT:
• Supervise subcontractors, coordinate, and monitor work for conformance with Caltrans standards and policies.
• Apply for and obtain Caltrans encroachment permits necessary for CONSULTANT to be on the jobsite.
• Apply for and obtain City approvals and permits as required. • Prepare, circulate, and file correspondence and memoranda as A.17.c
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INTERCHANGE IMPROVEMENTS PROJECT
6 appropriate.
• Prepare and update Project Risk Register.
• Maintain Project files using the Caltrans Uniform File System. • Thirty days after Notice to Proceed, CONSULTANT shall submit the Project Master Schedule to City and Caltrans Project Managers.

1.2 Project Schedule
CONSULTANT shall submit an initial Project Master Schedule. Following approval by the City, Caltrans, and the developer, this schedule will become the Project Schedule. The approved Project Schedule shall be displayed on the Project Master Schedule updates. The following elements must be included by CONSULTANT in the Schedule:
• Work items and deliverables identified in accordance with a Work Breakdown Structure (WBS) as developed by CONSULTANT.
• Work items of agencies and other third parties that may affect or be affected by CONSULTANT’s activities
• Schedule shall provide adequate time for City and Caltrans review, based on standard practices
• The Project Master Schedule shall include all data necessary to represent the total Project and the critical path shall be clearly identified • The order, sequence, and interdependence of significant work items shall be reflected on the Project Master Schedule
• The following list of major tasks shall be used to develop the Project Master Schedule:

Task 1 – Project Management/Coordination/Administration Task 2 – 35 Percent PS&E and APS
Task 3 – Detailed PS&E (65 Percent) Submittal
Task 4 – PS&E (95 Percent) Submittal
Task 5 – Final PS&E (100 Percent) Submittal
Task 6 – Construction Bidding Phase
Task 7 – Construction Support Phase
Task 8 – Project Closeout
Major tasks should be broken down into subtasks as warranted. Decision dates will be included in the schedule.

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INTERCHANGE IMPROVEMENTS PROJECT
7 Monthly schedule updates will be part of the Progress Report and will be in accordance with the requirements shown in Section 1.3.

Deliverables:
• Project Master Schedule

1.3 Progress Reports
At the end of each month, CONSULTANT shall report the progress of the work.

Progress shall be based on physical percent complete such as number of drawings or deliverables completed or estimated progress toward completion.

CONSULTANT shall submit one copy of a monthly Progress Report to the City Project Manager consisting of a written narrative and an updated bar- chart format of the Project Master Schedule. This report shall be received no later than the tenth (10th) calendar day of the month.

The narrative portion of the monthly Progress Report shall describe overall progress of the work, discuss significant problems and present proposed corrective action and show the status of major changes.

Deliverables:
• Monthly Progress Report

1.4 Design Quality Management Plan
CONSULTANT shall prepare, implement and maintain a Design Quality Management Plan (DQMP) throughout the project duration of these services. The DQMP will establish Quality Assurance (QA) and Quality Control (QC)processes and procedures; describe how the quality of the work products will be managed to minimize or eliminate errors and omissions; ensure that all design reports, studies, plans, specifications, quantities, estimates and other design documents are complete, accurate, consistent, checked, and reviewed.

At a minimum, the DQMP shall address the following:

1. Quality Commitment: management commitment and message to achieve a quality culture and promote quality practices throughout the project delivery process.

2. Project Initiation and Early Activities: Ensure that the proper design criteria, guidelines, standards, specifications, directives, etc. are properly implemented by the Design Team at all times. Ensure that all field activities use equipment that is properly maintained and calibrated in accordance with the manufacturer’s guidelines.

3. Constructability and Biddability: Engage an experience Construction A.17.c
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INTERCHANGE IMPROVEMENTS PROJECT
8 Management professional(s) to lead constructability and biddability reviews for the duration of the project including reviews at all milestone submittals.

4. QA Manager: Commit a QA Manager to the project who is qualified to implement the DQMP and oversee the DQMP compliance and conformance of the entire project team, conduct internal surveillances and audits of the entire design team, monitor quality performance, identify when and where corrective action is required, and follow up on corrective action to ensure compliance.

5. Quality Control (QC):
a. Provide the QC Processes for checking and reviewing design documents.

A discipline review shall precede the inter-discipline review but the constructability review maybe sequential with the inter-discipline review.

Should design documents be reviewed using electronic commentingtools, they should identify the reviewer (person making comment), date/time of comment, and if possible, the resolution.
b. Provide QC Procedures for complete and independent checking, back checking, correction and verification of all types of calculations, drawings, reports, specifications, quantities and estimates. Establish an appropriate means to avoid conflicts and misalignments between existing facilities and proposed improvements. Provide checklists and ensure use when performing the quality control reviews.
c. Maintain a communication plan and a project organization chart to adequately and consistently interface with the internal development of the design within all disciplines of work and all external stakeholders. d. Maintain a review comment tracking system that encourages complete resolution of all comments and prevents any review comment from not being resolved.
e. Maintain and Action Item Register from the beginning of the project throughout the completion of the approved final design. f. Maintain a Risk Identification, assessment and mitigation log from the beginning of the project. Note all design assumptions as a risk on the log and consider each risks as part of the contingency planning.

6. Quality Assurance (QA):
a. Each deliverable shall be verified and certified by the QA Manager and Project Manager as being prepared and checked in accordance with the approved DQMP.
b. Identify critical path items and critical reviews in the Project Master Schedule.

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INTERCHANGE IMPROVEMENTS PROJECT
9 7. Document Control:
a. Establish an electronic Document Management System that will be used to maintain and store project files and quality records. Define who will maintain the files and how subconsultants will have access (if they have access).
b. Drawing quality records shall be marked clearly as being checked, signifying that the preparation of the work products followed the DQMP established for the project.
c. Quality records and documentation shall be maintained by the CONSULTANT. CONSULTANT shall provide an itemized list of submittal documents, a schedule of the quality control activities and a design change control log, when requested.
d. Maintain interface documentation, meeting notes and correspondence. e. Establish a Resident Engineers file containing critical elements such as Survey files, Permitting information, Structures details, Cost Estimate backup, right-of-way and Utility agreements, etc.

Within 30 days of receiving the Notice to Proceed, CONSULTANT shall submit a complete DQMP for review and approval by the City (and Caltrans if required).

The DQMP should identify if Subconsultants have their own DQMP that they will follow for their work.

Deliverables:
• Hard copies and an electronic copy of the DQMP

1.5 Project Management Plan
Within thirty (30) days of receiving Notice to Proceed, CONSULTANT shall prepare a Project Management Plan for this PS&E, including a Communication Plan and an update to the Risk Matrix.

Deliverables:
• Project Management Plan

2. TASK 2 – 35% PS&E (Portions of this phase Performed Under Separate Contract)

2.1 Data Collection
CONSULTANT will collect existing topographic maps, as-built drawings, reports, A.17.c
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INTERCHANGE IMPROVEMENTS PROJECT
10 and other available materials. CONSULTANT will request data from the CITY and Caltrans D8 as well as the County and other agencies, as appropriate.

Deliverables:
• Project file with As-built drawings, reports, and other records

2.2 - Permit Applications/Coordination
CONSULTANT will prepare applications and secure encroachment permits for work within the state and county rights-of-way such as design survey. CONSULTANT will also work with Geotechnical sub-consultant in securing encroachment permits for geotechnical site investigations and borings.

Deliverables:
• Prepared Permit Applications

2.3 - Geometric Workshop
CONSULTANT will refine the geometry from the Final Project Report/Environmental Document.

CONSULTANT will conduct a workshop with Caltrans District 8 staff, the Caltrans Safety Review Committee representatives, the geometric reviewer, and City staff to present and obtain consensus on the geometrics for proposed project design. CONSULTANT will identify and clarify any major non- standard features.

Overhead sign concepts will be evaluated in conjunction with the refined geometry and will be provided for review as part of geometric workshop.

Deliverables:
• Collateral Materials for Geometric Workshop

2.4 - Supplemental Design Standard Decision Document
CONSULTANT will prepare supplemental Design Standard Decision Document for non-standard design features not included in Design Standard Decision Document approved in the PA/ED phase of this project.

Deliverables:
• Supplemental Design Standard Decision Document(s)
• Project Engineer’s reasoning for all permissive non-standard design items
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11 2.5 - Design Surveys

2.5.1 - SURVEY RESEARCH
CONSULTANT shall review internal records, and coordinate with the CITY and Caltrans D8 to gather existing record information, review previous acquisitions, and analyze appropriate deeds, field notes, and survey maps as available. All work shall be conducted in compliance with all applicable State laws and regulations, and all applicable local ordinances and regulations.

CONSULTANT shall contact the Caltrans District 8 Surveys representative for encroachment permits prior to performing any field related survey work.

2.5.2 - Field Survey/Re-establish Monument Control
Upon validation of the Survey Control Data from Caltrans, CONSULTANT shall verify the physical existence of the Monument Control Points and, if necessary, re- establish such Control Points. CONSULTANT shall perform Monument Perpetuation Surveys. This activity is required by the Professional Land Surveyors Act and includes:
• Preparation of lists of monuments threatened with destruction. • Referencing threatened monuments with tie-outs for perpetuation through construction.
• Setting replacement monuments after construction to effect said perpetuation.
• Preparation of pre-construction survey to establish existing right-ofway monumentation.

CONSULTANT will perform detailed field surveys as needed of existing street and drainage features to augment existing data. The Surveys Manager will coordinate with the Design Engineer to establish limits of work.

Cross sections and tie-in surveys will ensure accurate design fit and smooth transitions from existing roadway and infrastructure features.

CONSULTANT will verify survey results and then transmit them in MicroStation 3D DGN and DTM formats, along with ASCII point and stationoffset files of all field survey ties. All work and files will be based on project coordinate control and in accordance with Caltrans Surveys and Right-ofWay Manuals, and Caltrans District 8 R/W Engineering Requirements for the Preparation of Documents and Maps.

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12 2.5.3 - Geotechnical Boring Locations
CONSULTANT will survey Geotechnical Boring locations to verify these locations in coordination with the project Geotechnical consultant.

2.5.4 - Pothole Locations
CONSULTANT will survey locations of utility test holes performed by others (see Task 2.11 Utilities) and overhead utility lines that cross the improvements or near any pile construction locations.

Deliverables:
• Aerial Topographic Mapping Base File
• Design surveys
• Survey Report per Caltrans Survey Manual Chapter 15
• MicroStation DTM & DGN Files
• Pre-Construction Record of Survey

2.6 - Geotechnical Coordination (only coordination component included) CONSULTANT will coordinate closely with sub-consult ENGEO Inc. Geotechnical with respect to required geotechnical investigations, analysis, boring locations, and reports. Review and comment on the Geotechnical Design Report (GDR), the Structures Foundations Reports (SFR), and the roadway Materials Report (MR).

The sub-consultant work includes the following tasks and deliverables:

2.6.1 - Consultation and Meeting Attendance
Meeting attendance, site visits, plan reviews, submittal reviews, and preparation of letters or documentation not covered in other approved scopes of work.

2.6.2 – Fault Evaluation Study
To evaluate the potential presence of fault traces within the planned interchange footprint and to satisfy State and County requirements, the following work will be conducted:
• Perform a site reconnaissance to identify appropriate locations for the exploratory trenches.
• Provide bid support for excavation contractor selection and design support during trench excavation, SWPPP BMP installation (silt fence), security fencing, trench and fault surveys, and trench backfill services.

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13 o Subcontractor fees for trench excavation are excluded from this scope of work and will be conducted by and paid for by others. • Provide appropriate notification to Underground Service Alert prior to performing exploration to locate public utilities in potential conflict with the proposed subsurface explorations. This work excludes a private utility locator.
• Observe the excavation of two fault trenches, totaling approximately 910 linear feet (LF). Clean (handpicking of sidewalls of one side of vertical trench to expose geologic features and remove “bucket smear” from sidewall of trench) and log (graphically represent the subsurface geologic strata) each trench.
• Contract a local Quaternary Geologist to perform chronostratigraphic identification and logging, which may be necessary to confirm age of soil to identify Holocene-active faulting.
• Collect select carbon-based material samples for radiocarbon dating to provide objective age estimates of subsurface strata.
• Prepare a Fault Evaluation Report summarizing findings, conclusions, and recommended setbacks.
• Submit the Fault Evaluation Report to the City, State and County for review and approval.
• Perform testing and observation services during trench backfill on an asneeded basis. Services will include laboratory testing of on-site earth materials (up to four compaction curves) and testing and observation of engineered fill. For estimation purposes, we assumed up to 5 days of trench backfilling.
• Prepare a final testing and observation report summarizing our field observations and presenting our test data of the trench backfill.

Deliverables:
• Fault Evaluation Report
• Trench Backfill Final Testing and Observation Report

2.6.3 – Preliminary Geotechnical Studies and Caltrans Report Performed under a separate contract.

2.6.4 – Design-Level Geotechnical Studies and Caltrans Reports Ongoing design for the interchange will require additional geotechnical studies, including geotechnical explorations and laboratory testing. The following scope of A.17.c
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14 work is based on the information available at the time of preparing this proposal, but anticipate the exploration and laboratory testing program may need to be revised once the final bridge type and location are selected. A Caltrans encroachment permit is required for the geotechnical explorations, which will include preparation of a work plan, health and safety plan, and traffic control plan.

Project reports will be supplemented by existing data from nearby geotechnical investigations with up to twelve (12) drilled borings, 12 CPT soundings, and collection of shallow surficial samples at select locations. The specific locations for the drilled borings and CPT soundings have not yet been determined, but at a minimum, they will be located at planned bridge abutments, bent, and embankments, and along proposed cut slopes near the westbound auxiliary lane improvements. This work includes testing representative soil samples from exploratory locations to determine their engineering properties.

Infiltration testing will be conducted in the planned infill basins to support waterquality designs. Double-ring infiltrometer tests will be conducted at the approximate depths anticipated for infiltration upon completion of construction.

Analyze the subsurface conditions and laboratory test results and develop the Caltrans-specified geotechnical conclusions and recommendations to support design of the interchange.

Document field findings, conclusions, and recommendations, including logs of technical borings (LOTB), in Caltrans-required geotechnical reports prepared in accordance with the Caltrans Geotechnical Manual for each of the three submittal packages associated with the bridges, retaining walls, and embankments. A preliminary, draft and final foundation report will be prepared in accordance with Caltrans requirements.

Prepare a Preliminary Geotechnical Design Report and Final Geotechnical Design Report in accordance with Caltrans requirements in support of the interchange design. This includes slope stability analysis, retaining wall design parameters, and embankment design.

Prepare a Preliminary Materials Report and Materials Report in accordance with Caltrans requirements. This report will include pavement design recommendations for the interchange that includes freeway auxiliary lanes, on – and off-ramp design, and WLC Pkwy from Ironwood Ave to Eucalyptus Ave.

Deliverables:
• Preliminary foundation report
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15 • Draft foundation report
• Final foundation report
• Preliminary and Final Geotechnical Design Report
• Preliminary and Final Materials Report

2.7 - Geometric Approval Drawings (GAD) and Preliminary Engineering (Prepared under separate contract- not a part)
CONSULTANT will prepare 35 percent level layouts, profiles, superelevation diagrams, typical sections, and R/W requirements for the project based on the approved alternative in the Project Report and updated concepts since the completion of the Project Approval/ Environmental Document phase. This effort will include the concept signing and lighting layout.

Deliverables:
• Geometric Approval Drawings 35% Roadway Plans
• Sign and lighting Concept strip map

2.8 - Environmental Re-Validation/ Environmental Permitting CONSULTANT will prepare an Environmental Re-Validation to the December 2020 Environmental Impact Report/Environmental Assessment (EIR/EA) for the State Route 60/World Logistics Center Parkway Interchange Project. The Environmental Re-Validation will be prepared in accordance with the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Caltrans Standard Environmental Reference (SER). The Environmental Revalidation and supporting technical appendices will be submitted to Caltrans for review and approval. A Supplemental IS/EA and public review or circulation are excluded from this scope of work.

The Environmental Re-validation will evaluate impacts due to changes in the project description. The documentation will note refinements to environmental issue areas addressed in the 2020 IS/EA and include new analysis for specific environmental issue areas that would be potentially affected by the proposed modifications to the design previously approved in the Project Report and EIR/EA.

This task assumes that the Environmental Re-validation, updated technical documentation, and regulatory permits will reflect a single build alternative.

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16 2.8.1 ENVIRONMENTAL RE-VALIDATION
Research and Data Collection
CONSULTANT will obtain and review existing information and data related to the proposed project. CONSULTANT will collect the aforementioned information and perform a detailed review of existing setting, methodology, and results. This information is expected to include, but not be limited to:
• December 2020 EIR/EA
• Previously prepared technical studies used to support the EIR/EA • Updated reference documentation, including local General Plan/policy information and regulatory background documents • Approved/Supplemental Project Report
• PS&E packages (35%, etc.), depending on schedule and availability • Current aerial photography of project area
Updated Technical Documentation
CONSULTANT will complete required technical study updates in support of the Environmental Re-validation. CONSULTANT will coordinate with Caltrans in determining the specific content and format requirements for the technical study memorandums and the Environmental Re-validation. This task will include coordination with the client, Caltrans, and regulatory/approving agencies to collect and analyze information, as well as other relevant steps needed in support of the Environmental Re-validation.

Generally, updates to previous technical study reports will be prepared in the form of technical memorandums that will serve to update relevant subject matter of the previously-prepared technical study reports. Each technical study memorandum will include the following content:
• Description of project features and issues that have changed since the EIR/EA was approved
• Study methods (protocols followed)
• Study results
• New mitigation recommendations (if applicable)
The key findings of each technical memorandum will be summarized in an appropriate section of the Environmental Re-validation.

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17 Jurisdictional Delineation Update Memorandum
CONSULTANT will conduct a review of the previous Jurisdictional Delineation Report prepared by LSA Associates, Inc. (December 2018) as it relates to recent design changes and impacts to jurisdictional resources.

CONSULTANT will conduct a site visit to confirm any changes to site conditions since the delineation was completed in December 2018 consistent with current regulatory policies and updated field methodology procedures required by the U.S. Army Corps of Engineers and State Water Resources Control Board. Once a review of the previous delineation and existing conditions is complete, CONSULTANT will prepare a memorandum update to identify jurisdictional resources and reconfirm potential impacts for the project. The memorandum update will confirm the following:
• A preliminary determination of the U.S. Army Corps of Engineers (Corps) ordinary high-water mark (OHWM) and the existence of any three (3)-parameter wetlands on-site. The actual presence or absence of wetlands on-site will be verified through the determination of the presence of wetland hydrology, hydrophytic vegetation, and hydric soils pursuant to the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (Corps 2008).
• The California Department of Fish and Wildlife's (CDFW) jurisdiction identified on-site as streambed or to the outer drip line of riparian vegetation (if present) pursuant to Section 1600 et seq. of the California Fish and Game Code (CFGC); and
• A determination of the Regional Water Quality Control Board's (Regional Board) jurisdiction based on the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (State Water Resources Control Board, 2020). In cases where identified waters do not meet the definition of "waters of the United States," the delineation will identify areas under the jurisdiction of the Regional Board pursuant to Section 13263 of the California Porter Cologne Water Quality Control Act.

The memorandum will include as necessary, updated figures to identify jurisdictional resources. This task includes time for Geographic Information A.17.c
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18 Systems (GIS) analysis to support the preparation of the jurisdictional delineation figures.

This task assumes one (1) field survey will be conducted and allows for up to two (2) rounds of review/revisions to the memorandum.

Deliverables:
• CONSULTANT will submit an electronic copy (PDF) of the final Jurisdictional Delineation Update Memorandum to the
client/Caltrans.

Natural Environment Study Memorandum
CONSULTANT will conduct an updated records search using the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB), the California Native Plant Society’s (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California listings, and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) project planning tool and Critical Habitat online mapper to determine which special-status biological resources are likely to occur on or within the general vicinity of the project site. In addition, CONSULTANT qualified biologist(s) will conduct a field survey/investigation to reconfirm biological conditions documented in the previous Natural Environment Study report (NES). CONSULTANT will then prepare a memorandum summarizing the results of the updated literature review and field survey, as well as reconfirm existing biological condition and potential impacts. The memorandum will include as necessary, updated GIS figures and/or site photographs.

This task assumes one (1) field survey will be conducted and allows for two (2) rounds of review/revisions to the draft memorandum.

Deliverables:
• CONSULTANT will submit an electronic copy (PDF) of the final NES Update Memorandum to client/Caltrans.

Supplemental HPSR Short-Form and PIR/PER Memorandum
CONSULTANT will prepare the supplemental Historic Property Survey Report (HPSR) short-form and Paleontological Identification and Evaluation Report (PIR/PER) Memorandum. CONSULTANT will prepare a draft Area A.17.c
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19 of Potential Effects (APE) Map for review and approval by Caltrans District

8. CONSULTANT will request a supplemental records search for cultural resources within a one-mile radius of the project area from the South Central Coastal Information Center (SCCIC). A review of all relevant archival records (e.g., historic maps and aerials) will be conducted, and site records will be obtained. Note: Due to COVID-19, the response time for records search results is taking approximately 30-60 days to receive the results of the records search. CONSULTANT will request a Sacred Lands File search from the Native American Heritage Commission (NAHC) and will provide consultation support to meet the requirements of Section 106.

Tasks will include assistance in communicating with the Native American individuals, groups or tribes provided by the NAHC regarding the project.

CONSULTANT will maintain a log of a minimum of three attempts to obtain comments. All letters will be sent via USPS Certified Mail. CONSULTANT will conduct a pedestrian survey of previously unsurveyed areas based on the updated APE map. CONSULTANT will prepare the supplemental HPSR short-form which will summarize the findings of the updated cultural record search, Native American consultations, and pedestrian survey.

CONSULTANT will also prepare the PIR/PER Memorandum.

It is assumed that no cultural resources will require recording or updating on DPR 523 forms. Up to two (2) rounds of comments and revisions are assumed.

Deliverables:
• CONSULTANT will submit an electronic copy (PDF) of the final Supplemental HPSR Short-Form and PIR/PER Memorandum to the client/Caltrans.

Phase I ISA Update
CONSULTANT will prepare a Phase I Initial Site Assessment (ISA) Update for the proposed project. The ISA Update will be prepared in accordance with the ASTM International (ASTM) Standard Practice E 1527-13 Standard Practice and the California Department of Transportation’s (Caltrans’) Standard Environmental Reference (SER). It is acknowledged that this scope of work assumes one build alternative will be considered for the proposed project. The objectives of the ISA are to: (1) evaluate the potential for hazardous materials on the site based upon readily discernible and/or documented present and historic on-site uses and uses immediately A.17.c
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20 adjacent to the site, and (2) generally characterize the expected nature of hazardous substances that may be present as a result of such uses, within the limits imposed by the scope of the ISA.

The Phase I ISA Update will consist of four components: Records Review; Site Reconnaissance; Interviews; and Report Preparation. CONSULTANT will document past activities, facilities, and/or waste disposal practices, which may have resulted in soil or groundwater contamination. Past site usage will be investigated through an aerial photograph review, interviews, review of former permits, review of documents on file with applicable agencies, and research of former citations from State and local agencies.

Current site conditions will be documented by an on-site inspection of the project area. A review of the commercial database summaries, provided by EDR LightBox, regarding public agency records will be included.

Regulatory sites within and surrounding the project area will be mapped within a one-mile radius (as required by the ASTM E 1527-13 search radius requirements). Potentially hazardous materials conditions within the project site will be considered based on the EDR database search. The report will include a summary of the report findings and a discussion of our opinions and conclusions regarding the absence or presence of RECs in connection with the subject site. Documentation supporting the conclusions presented will be appended to the report.

Assumptions & Exclusions: This task specifically excludes environmental lien searches and chain of title documents. This task also excludes subsurface investigations, Phase II/site characterization, and remediation plans and activities. CONSULTANT assumes that up to two rounds of comments and revisions would occur with client/Caltrans staff.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the Draft Phase I ISA Update for client/Caltrans submittal.

Hazardous Waste
Per the Project Report Caltrans approved the ADL Survey Memorandum in December of 2018. It concluded that tested soils do not represent a significant environmental or health hazard with lead concentrations and can be re-used on site as an unregulated soil. As such no further studies are proposed for this phase and this task is excluded.

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21 Location Hydraulic Study/Summary Floodplain Evaluation Memorandum CONSULTANT will evaluate the Location Hydraulic Study/Summary Floodplain Evaluation Report (LHS/SFER) prepared for the project to determine if the changes would affect the applicability of the approved LHS/SFER. A qualitative technical memorandum will be prepared that documents the potential changes in the improvements and assesses the applicability of the approved LHS. In addition, the mitigation measures will be evaluated and updated where applicable. Note that It is not anticipated that the LHS will require revision, and that project modifications would not substantively affect hydraulics/floodplain conditions that have been previously analyzed. If the LHS is found to require edits, a separate addendum will be submitted. CONSULTANT assumes that two rounds of comments and revisions would occur with client/Caltrans staff.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final LHS Technical Memorandum to the client/Caltrans.

Water Quality Technical Memorandum
CONSULTANT will evaluate the Water Quality Assessment Report (WQAR) prepared for the project to determine if the changes would affect the applicability of the approved WQAR. The following current regulations will be part of the evaluation:
• California State Water Resources Control Board's (SWRCB) National Pollutant Discharge Elimination System (NPDES) Statewide Storm Water Permit Waste Discharge Requirements (WDRs) for State of California Department of Transportation (Order No. 2012-0011-DWQ, as amended by Order WQ 2014-0006-EXEC, Order WQ 2014-0077-DWQ, Order WQ 2015-0036-EXEC, and
Order WQ 2017-0026-EXEC, NPDES No. CAS000003)
• California State Water Resource Control Board's National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land
Disturbance Activities (Order No. 2012-0006-DWQ, as amended by Order 2010-0014-DWQ and Order 2012-0006-DWQ)
• Caltrans Standard Environmental Reference documentation A.17.c
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22 requirements
• Caltrans Project Planning and Design Guide requirements • Total Maximum Daily Load requirements, and other mandates One review of the WQAR will be performed and a technical memorandum will be prepared that documents the WQAR changes. In addition, the mitigation measures will be evaluated and updated where applicable.

CONSULTANT assumes two rounds of review and comments on the technical memorandum.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final Water Quality Technical Memorandum to the client/Caltrans.

Noise Technical Memorandum and NADR
CONSULTANT will prepare a Noise Technical Memorandum supporting the design refinements and supplementing the previously prepared Noise Study Report (NSR) and Noise Abatement Decision Report (NADR). The Noise Technical Memorandum will be consistent with guidance established in the Caltrans Environmental Reference. Importantly, CONSULTANT is not proposing supplemental noise monitoring or modeling. If Caltrans requires new noise measurements to be performed, this work would be performed under a separate scope/fee.

The operational analysis will be consistent with the Caltrans Traffic Noise Analysis Protocol (April 2020). Since traffic volumes would not change as part of the project modifications, this analysis will be qualitative. The memorandum will assess the potential for changes in noise levels based on the project modifications. The applicability of noise abatement measures (soundwalls) identified in the previously approved NSR and NADR will be verified based on benefits to receptors, acoustical feasibility, and reasonableness allowances. CONSULTANT believes the construction noise analysis remains valid and the analysis in the NSR will be added to the Noise Technical Memorandum.

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23 This task includes responding to one round of team comments and two rounds of Caltrans comments.

Assumptions & Exclusions: This task excludes noise monitoring. This task includes responding to one round of team comments and two rounds of Caltrans comments.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final Noise Technical Memorandum and one (1) electronic copy (PDF format) of the final NADR to the client/Caltrans.

Air Quality Technical Memorandum
CONSULTANT will prepare a revalidation of the previously approved Air Quality Assessment to demonstrate to Caltrans that the impact area associated with the project has been fully analyzed, and impacts determined to be less than significant. A brief memorandum will be prepared to support the approved technical study and demonstrate the proposed changes would have no additional effects or impacts upon air quality. Since traffic volumes would not change as part of the project modifications, this analysis will be qualitative. If it is determined that quantitative analysis is necessary, this work would be performed under a separate scope/fee.

Assumptions & Exclusions: This task excludes modeling or coordination with the Transportation Conformity Working Group. This task includes responding to up to two (2) rounds of comments.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final Air Quality Technical Memorandum to the client/Caltrans.

Visual Impact Assessment Update
CONSULTANT will update the existing Visual Impact Assessment (VIA), dated June 2019, to include the new bridge concept. The updated VIA will only analyze the proposed changes to Build Alternative 6. This task assumes that the existing one-mile viewshed map will be updated to reflect the proposed architectural feature and the existing approved photo A.17.c
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24 simulations will be updated to reflect the proposed modifications to Build Alternative 6. A comparative analysis of the Approved Build Alternative 6 to the proposed modifications will be included. CONSULTANT will discuss the resultant visual impacts as a result of the proposed project modifications, and discuss any additional minimization measures, if necessary.

Photo simulations. This scope of work assumes that the existing Key View Photographs used as part of the approved 2019 VIA will be used for the purpose of this revalidation. Additional site photography is excluded from this scope of work. However, should additional photography be requested by the Client, this can be accommodated under a separate scope and fee.

One three-dimensional (3D) computer model will be prepared to reflect the proposed modifications. This scope assumes that only one build option for the new bridge will be simulated. Site topography, paving, and landscape will be modeled at a level of detail that includes curb and gutter drainage swales, fences, and other significant objects. The various objects in the model will also be assigned color and material textures. The rendered subject will be superimposed into a photograph and foreground objects will be masked. This scope of work assumes that the approved 2019 Key Views (1, 2a, 2b, 3, and 4) will be simulated for the project. Should the Client request new Key View Locations to be considered, this can be accommodated under a separate scope and fee.

Viewshed Mapping. CONSULTANT will update the existing viewshed map to include the new bridge feature.

Report Update. CONSULTANT will update the VIA to reflect to proposed project modifications. Graphics will be updated accordingly, and the analysis will be updated to reflect these project changes, compared to the approved Build Alternative 6 previously considered.

Assumptions & Exclusions: This task includes responding to up to two (2) rounds of comments.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final Visual Resources Technical Memorandum to the
client/Caltrans.

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25 Community Impact Memorandum/Relocation Impact Memorandum Update CONSULTANT will prepare a revalidation of the previously prepared Community Impact Assessment (CIA) and Relocation Impact Memorandum (RIM). The CIA/RIM memo will evaluate the project modifications in context to land use, consistency with state/regional/local plans, parks/recreation, farmlands, growth, community character, and environmental justice. The RIM analysis will verify that no additional relocations would be required as a result of project refinements.

Assumptions & Exclusions: This task includes responding to up to two (2) rounds of comments.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final CIA/RIM Memo to the client/Caltrans.

2.8.2 Regulatory Permitting
CONSULTANT will also provide assistance with the acquisition of regulatory permits through the U.S. Army Corps of Engineers (Corps), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW).

Corps Section 404 Pre-Construction Notification
CONSULTANT will prepare a Pre-Construction Notification Package (permit application) for a Corps permit to satisfy the requirements of Section 404 of the Clean Water Act. Based on a review of the 2018 jurisdictional delineation prepared for the project, it is anticipated that authorization to proceed from the Corps can be achieved via Nationwide Permit (NWP) 14 – Linear Transportation Projects. The submittal package will include the following items:
• Application Cover Letter: The letter will be on CONSULTANT letterhead and introduce the project and define the submittal document.
• Pre-Construction Notification Form: The most recent Corps standard form will be utilized. An attachment may be provided so that the complete project description and necessary detail is included. A A.17.c
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26 detailed project description for improvements within jurisdictional areas will also be provided.
• Copy of the Regional Board Application Package: A copy of the Section 401 Water Quality Certification Application will be included in the Corps’ package.
• Project Figures: Figures will illustrate key project features.

Anticipated figures include: Regional Vicinity Map, Site Vicinity Map, USDA Soils Map, Site Photographs, Jurisdictional Map, and Project Site Plans.
• Environmental Documentation: The environmental documentation section of the application package will include the Delineation of Jurisdictional Waters, Biological Resources Assessment Report, and California Environmental Quality Act (CEQA) documentation, as available.

Assumptions & Exclusions: This task includes responding to up to two (2) rounds of comments.

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final Corps permit package to the client.

Regional Board Section 401 Water Quality Certification Application CONSULTANT will prepare an application package to the Regional Board for coverage under the existing statewide Water Quality Certification requirements of Section 401 of the Clean Water Act. The certification package is required to ensure State water quality standards have been met.

The submittal package will include:
• Application Cover Letter: The letter will be on CONSULTANT letterhead and introduce the project and define the submittal document.
• Section 401 Water Quality Certification Application Form: The most recent State Board application form will be utilized. An attachment may be provided so that the complete project description and necessary detail is included. A detailed project description for improvements within jurisdictional areas will be included.

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27 • Copies of other Applications: Copies of the Corps Section 404 NWP Pre-Construction Notification and CDFW Section 1602 Lake or Streambed Alteration Agreement (LSAA) Notification will be provided.
• Best Management Practices (BMP)/Water Quality Design: The project’s BMPs will be described to verify that no water quality impacts will occur.
• Project Figures: Figures will illustrate key project features and help clarify written text. Anticipated figures include: Regional Vicinity Map, Site Vicinity Map, USDA Soils Map, Site Photographs, Jurisdictional Map, and Project Site Plans.
• Environmental Documentation: CONSULTANT will include copies of the draft CEQA document, Biological Resources Assessment Reports, Jurisdictional Delineation Report, and other relevant technical documents, as available
• Certification application fee (provided by the Client).

Assumptions & Exclusions: This task includes responding to up to two (2) rounds of comments. This task excludes the preparation of a formal alternatives analysis to the Regional Board. If an alternatives analysis is required for processing of the Section 401 Water Quality Certification, work will only proceed under an approved contract augmentation. This task excludes the preparation of a formal Restoration Plan or a Habitat Mitigation and Monitoring Plan (HMMP).

Deliverables:
• CONSULTANT will provide one (1) electronic copy (PDF format) of the final Regional Board permit package to the client.

CDFW Section 1602 Lake or Streambed Alteration Agreement CDFW jurisdictional areas coincide with the proposed project. Therefore, CONSULTANT will prepare a Lake or Streambed Alteration Agreement (LSAA) Notification, pursuant to the Section 1602 of the CFGC. The LSAA Notification package will include:
• Notification Cover Letter: The letter will be on CONSULTANT letterhead and introduce the project and define the submittal A.17.c
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28 document.
• Notification Form: CONSULTANT will complete the most recent CDFW LSAA Notification Form (DFW 2022) and provide a separate attachment with a written description of all project activities and impacts so that the complete project description and necessary detail is included, as necessary.
• Project Figures: Figures will illustrate key project features and help clarify written text. Anticipated figures include: Regional Vicinity Map, Site Vicinity Map, USDA Soils Map, Site Photographs, Jurisdictional Map, and Project Site Plans.
• Environmental Documentation: CONSULTANT will include copies of the draft CEQA document, Biological Resources Assessment Report, Jurisdictional Delineation Report, and other relevant technical documents, if available.
• Notification fee (provided by the City).

Assumptions & Exclusions: This task includes responding to up to two (2) rounds of comments.

Deliverables:

CONSULTANT will provide one (1) electronic copy (PDF format) of the final CDFW permit package to the City.

Regulatory Approval Processing
CONSULTANT will provide regulatory services during processing of the Section 404 NWP application through the Corps, Section 401 Water Quality Certification application through the State Board, and the Section 1602 LSAA through the CDFW. Support during permit processing will include as needed correspondence or telephone calls between the reviewing staff related to the permit applications or points of clarification. Typically, responses to agency comments are provided via email and telephone; however, this task includes two (2) rounds of formal (written submittal) response to comments per each application package. This task will be billed on a not-to-exceed time and materials basis. CONSULTANT will prepare a master coordination tracking log documenting submittals and status review.

The tracking log will also include call logs and electronic communication with agency reviewers. Finally, an electronic Permit Summary Report will be submitted to the Client once the agency approvals are obtained.

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29 Assumptions and Exclusions: This task includes one (1) pre-application field meeting with the regulatory agencies.

Deliverables:
• One (1) copy Approved Jurisdictional Permits & correspondence in PDF format to the client for file.

2.9 - Structure Conceptual Design and Advance Planning Study (APS) The Advance Planning Study (APS) for replacement of existing WLC Parkway Overcrossing was previously submitted to Caltrans in June of 2015 and was subsequently approved by Caltrans Office of Special Funded Projects (OSFP) in August of 2015. The bridge concept used in the 2015 planning study consisted of a 2-span cast-in-place post-tensioned concrete box girder structure spanning the SR-60. The planning study assumed a single bridge concept for carrying the vehicular traffic lanes, a pedestrian pathway and a bicyclist lane.

Upon further discussions with the project team in 2022, the CONSULTANT was directed to evaluate a different concept consisting of three parallel bridge structures and two different bridge types as the preferred alternative for the replacement of the existing WLC Parkway Overcrossing. Replacement structures to be considered will include twin vehicular prestressed concrete bridges to carry the traffic lanes on WLC Pkwy and a cable-stayed bridge to carry the pedestrian and bicyclist traffic. It is anticipated that a revised Advance Planning Study will need to be prepared and submitted to Caltrans OSFP for re-approval due to the changes in bridge geometry, structure scope of work and construction cost estimates.

Prior to developing the Advance Planning Study, the CONSULTANT will perform a conceptual level preliminary evaluation to determine the feasibility and define the project constraints and geometry for the 3-parallel bridge concept in relation to the adjacent roadway improvements including the roundabouts. Once the bridge and roadway geometry are defined and feasibility is confirmed, the CONSULTANT will prepare the APS package for the preferred bridge alternative using Caltrans guidelines.

In addition to bridges described above, there are also new structures identified since the last APS approval by Caltrans. Our team has identified two segments of non-standard retaining walls at north and south sides of the bridge approaches in addition to two pedestrian-bicyclist underpasses (UPs). A separate advance planning study will be prepared for non-standard retaining walls and pedestrian A.17.c
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30 UPs combined in one document. Non-standard retaining walls with a “U-shaped” (channel type) cross section are anticipated between the bridge approaches and adjacent roundabouts to support the pedestrian-bike path. These walls will connect to a pedestrian underpass near each roundabout to carry the pedestrianbike path under the WLC Parkway and connect to the pedestrian-bike path on the east side of interchange. Pedestrian UPs are anticipated to be made of single cell reinforced concrete box units.

The advance planning study (APS) will include one plan sheet (General Plan) per selected bridge or structure type showing the basic structure layout details and cost estimate. The APS will be prepared in accordance with the most current Caltrans guidelines, including, but not limited to: Bridge Design Memos, Bridge Memos to Designers, Structure Technical Policies, Seismic Design Criteria and California Amendments to AASHTO LRFD Bridge Design Specifications.

Deliverables:
• Advance Planning Study for Bridges
• Advance Planning Study for Non-Standard Retaining Walls and Pedestrian Underpasses
• Advance Planning Study Checklists
• Structure Preliminary Foundation Report (Provided by Others) A.17.c
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31 2.10 - Structure Type Selection Meeting, Complex Bridge Peer Review and Approval

2.10.1 - Structures Type Selection & Meeting
Following is the list of structures identified within the project limits. A Type Selection Report will be prepared for bridges and non-standard walls as listed in the table below:

List of Structures in the Project Type Selection
Needed
Twin Vehicular Bridges over SR 60 Yes
Cable Stayed Pedestrian Bridge over SR 60 Yes
Non-Standard Retaining Walls at north & south bridge
approaches Yes
Non-Standard Retaining Wall at SR 60 EB Off-Ramp Yes
Pedestrian RCB Underpasses (2 Locations) Yes
CONSULTANT will prepare a Structure Type Selection Report for the replacement of the existing WLC Parkway Overcrossing (Br. No. 56-488) and will request a type selection meeting from Caltrans to obtain approval of the selected structure types. Based on the PR and initial discussions, it is anticipated that the replacement for the existing WLC Pkwy overcrossing will consist of three parallel bridge structures as described in the previous section. CONSULTANT will prepare two (2) Type Selection Reports for submittal to Caltrans considering the different design characteristics and construction requirements between the cable stayed bridge and the twin concrete bridges. This action will help facilitate review and approval times by Caltrans. One Type Selection Report will be prepared for the twin vehicular bridges and a separate Type Selection Report will be prepared for the cable-stayed pedestrian-bicyclist bridge.

The Type Selection Reports will comply with the most current Caltrans guidelines, including, but not limited to: Bridge Design Memos, Bridge Memos to Designers, Structure Technical Policies, Seismic Design Criteria, California Amendments to AASHTO LRFD Bridge Design Specifications.

The Type Selection Reports will include a discussion of structure types, foundation and falsework requirements, seismic and aesthetic considerations, traffic handling requirements and alternatives, and staging.

In addition, CONSULTANT shall develop General Plan construction cost estimates. Design and construction issues will be identified in the Type A.17.c
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32 Selection process and will be discussed and coordinated with CITY and Caltrans. CONSULTANT shall submit WLC Parkway OC (Replace) Type Selection documents to the Caltrans Office of Special Funded Projects (OSFP) for review and approval.

CONSULTANT will prepare 3D Renderings of the final bridge concept.

Renderings will include full length elevation views of concrete and cablestayed bridges including the surrounding landscape and section (partial) views of the bridge columns and abutments. Cables will be parallel to each other and are connected to the tower at different heights. Forestay cables will be in one plane anchored at centerline of bridge deck. Backstay cables will be in two planes anchored into the north embankment behind the tower.

Concrete vehicular bridges will be in a shape of single or multi-cell box girders with concrete overhangs. Columns for concrete bridges are anticipated to have a “V” or “Y” shape appearance. Architectural features for bridges are subject to final approval by the CITY, Caltrans, and other stakeholders.

CONSULTANT will prepare a separate Type Selection Report for nonstandard retaining walls and pedestrian-bicyclist underpasses identified in the table above. Per the Structures Preliminary Geotechnical Report (SPGR) included in the 2015 Advance Planning Study, the peak ground acceleration (PGA) for the Acceleration Response Spectrum (ARS) at the site is 0.86g. This value is higher than the standard PGA of 0.6g considered for Caltrans standard retaining walls; therefore, a non-standard design will be applicable to retaining walls within the project limits where PGA exceeds

0.6g.

A Type Selection Meeting will be scheduled a minimum of 2 weeks following the receipt of each Type Selection Report by Caltrans. CONSULTANT will schedule and attend the Type Selection review meetings with Caltrans Headquarters to finalize structure and foundation types, seismic design, aesthetics, maintenance and construction issues for WLC Parkway OC (Replace). After each type selection meeting, CONSULTANT will summarize and submit meeting proceedings to the liaison CONSULTANT for written Type Selection approval. The meeting summary may update or supplement the Type Selection Report.

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33 Deliverables:
• Type Selection Report (one report for twin vehicular bridges and one report for pedestrian-bicyclist bridge)
• 3D Renderings of Selected Structure Type for Bridges
• Type Selection Report for Non-Standard Retaining Walls and Pedestrian UPs
• Preliminary Foundation Report (Provided by Others)
• Type Selection Meeting Summary

2.10.2 - Peer Review for Complex Bridge Design (Pedestrian Cable Stay Bridge)
Caltrans Office of Special Funded Projects (OSFP) Information and Procedures Guides, dated April 2022, requires the local sponsoring agency for Complex Bridge projects to retain a Peer Review Panel (PRP) for the purpose of technical review of design documents. Michael Baker will provide a team of up to 3 experts experienced in design and construction of cable stayed bridges to form the peer review panel for the WLC cablestayed pedestrian and bicyclist bridge.

Following criteria will apply to the PRP:
• PRP members shall not be part of the design or independent check teams.
• PRP will be comprised of up to 3 members that are experts with relevant and extensive design, construction and operations experience relevant to cable stayed bridge structures.
• PRP members will be approved by Caltrans OSFP prior to engaging in the project.

PRP members will have the following responsibilities:
• Review the Project Specific Design Criteria (PSDC), Type Selection Package and PS&E Submittals.
• Provide assistance to the design team addressing complex technical issues and provide advice on analytical methodology relevant to cable stayed bridge design and construction.
• Provide comments and recommendations on the PSDC, the Type Selection Report, the 65% Unchecked Details and 95% PS&E Submittals.

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34 • Develop a draft and final report noting their recommendations for review by Caltrans OSFP and the City. A Draft Report will be prepared by PRP at 95% PS&E followed by a Final Report at 100% PS&E.

Deliverables:
• Comments and Recommendations on PSDC, Type Selection Report and 65% Unchecked Details
• Draft PRP Report 95% PSE Submittal
• Final PRP Report 100% PSE Submittal

2.11 UTILITIES (a portion of task 2.11.6 to be Future Scope-Optional Task) CONSULTANT will coordinate and work closely with the CITY, Caltrans, other consultants, and the utility companies to determine the need to relocate impacted utility facilities. CONSULTANT and CITY shall comply with Caltrans utility coordination procedures, as outlined in Chapter 13 of the Caltrans Right-of-Way Manual.

It is assumed the utility companies will perform relocation concept and final design for their own facilities. CONSULTANT will review utility company prepared relocation plans for general consistency with the interchange and freeway improvement plans.

CONSULTANT is responsible for coordinating electrical service points of connection with the electrical utility company. Plans for any extension of utility service facilities up to the designated service point of connection will be prepared by the utility company. Any necessary or permanent utility relocation plans are excluded from this scope.

CONSULTANT will coordinate and attend up to ten (10) project coordination meetings with Caltrans, CITY and utility companies.

Under a separate contract, CONSULTANT to prepare the following utility items:
• A pothole location map will be prepared. Up to 10 utility potholes will be collected by a separate subconsultant contractor to positively identify affected underground utility lines. Utilities that may require utility potholing include an underground EMWD water line and Verizon fiber optic cabling at the northern end of the project near Ironwood Ave.

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35 • CONSULTANT will coordinate with the utility owners and survey the potholed locations of the utilities (horizontal location and vertical elevation).

Potholed locations will be shown on the Utility Plans.

CONSULTANT to prepare utility record drawing request letters under the City’s letterhead for the City to mail to the affected utility owners and to verify utility maps.

CONSULTANT will prepare Utility Plans per Caltrans requirements and develop and maintain a utility conflict matrix identifying all utility conflicts with the project. The utility conflict matrix will be provided to the CITY and Caltrans right of way utilities unit.

CONSULTANT will verify utility facilities shown as part of the Project Report (PA/ED) documents against record mapping provided to the CONSULTANT in this phase.

Utility Impacts and Relocation
CONSULTANT will obtain service from sub-consultant Utility Specialists, Inc. for dry utility relocations and coordination. This will include meeting attendance, progress reports and utility resolution for issues such as regulatory issues, tariff disputes, electric, gas, telephone and Cable TV conflicts and system constraints.

Subconsultant will coordinate designs for the relocation of SCE Transmission and Distribution lines, and/or conversion of existing facilities in conflict with the new bridge crossing State Route 60 and WLC Pkwy improvements. These facilities consist of (1) circuit of SCE 115kV Transmission and (1) circuit of 12kV SCE Distribution and other utilities connected to overhead power poles. The scope includes the necessary WO’s work orders per utility to clear the conflicts associated with the bridge construction.

An existing EMWD waterline exists within the project limits, but it is assumed this line will remain in place and will not be relocated or removed as part of this scope.

It is assumed that the CITY will provide the prior rights determination for all utilities and will also prepare (as required) a Utility Relocation Agreement (URA) and Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA) for each utility relocation within state or City right-of-way in accordance with Caltrans requirements. CITY will also be responsible for all negotiations with the utility companies for cost responsibility, notices to relocate and processing the URA’s/JUA’s/CCUA’s for approval.

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36 2.12 CONCEPTUAL LANDSCAPE AND STRUCTURE AESTHETICS PLAN (Completed under Separate Contract)
CONSULTANT will prepare a concept landscape plan at a scale of 1”=50’ depicting planned replacement planting disturbed by the grading within the construction limits. This task will also include research and investigation of existing features, field review, attendance at landscape concept coordination meetings, and preliminary cost estimate preparation. The primary purpose of this task will be to establish general landscape parameters for purposes of designing the backbone irrigation system to be constructed by construction contract. This Planting and Irrigation System will be included in the PS&E package.

CONSULTANT will also prepare conceptualaesthetic treatment plan forretaining walls and structures (note that soundwalls are not anticipated for this project).

Deliverables:
• Concept Landscape Plan
• Conceptual Aesthetics Treatment Plan

2.13 - Preliminary Right-of-Way Constraint Mapping (Tasks 1,3,4, and 5 Completed under Separate Contract)
CONSULTANT will be responsible for preparing legal descriptions and exhibits.

CONSULTANT will provide information to CITY relative to the right-of-way needs and impacts for the project for the appraisal and acquisition process.

Assumptions:

CONSULTANT will obtain Preliminary Property Title Reports (PTR), prepare all deeds, Resolutions of Necessity, Director’s Deeds and Plats, Utility Deeds and Plans. CONSULTANT will prepare all legal descriptions and exhibits.

2.13-1 Perform Record Data Search
Search ownership of impacted properties, analyze ownership deeds, field notes, and survey maps contained in State, County, and City files. Prepare Record Calculations as necessary.

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37 2.13-2 Obtain Preliminary Title Reports
Working with our sub-consultant OPC, CONSULTANT will order and review applicable title work through Commonwealth Title to make sure there are not any encumbrances that cannot be removed administratively by the title company. Any parcels with items that cannot be removed by the title company may have to be prioritized for court action to receive clear title.

After that, CONSULTANT will:

1. Secure vesting deeds, property profile, and tax map for each property.

2. Secure preliminary title reports with plotted easements for each property which will remain valid for a minimum of six (6) months or until there is a change in ownership.

3. Secure copies of recorded back-up documents as needed.

4. Share preliminary title information with Project Team as appropriate

2.13-3 (This item intentionally left blank)

2.13-4 (This item intentionally left blank)

2.13-5 (This item intentionally left blank)

2.14 - Preliminary Cost Estimate
CONSULTANT will prepare a preliminary cost estimate of the anticipated improvements commensurate with the GAD level design.

Deliverables:
• Preliminary Cost Estimate

2.15 - Value Analysis Study
This project meets federal regulatory thresholds that require a Value Analysis (VA) study be performed. CONSULTANT will perform a VA study to comply with the Caltrans VA methodology as outlined in Chapter 19, "Value Analysis" of the Project Development Procedures Manual (PDPM) and as detailed in the latest Caltrans VA Team Guide, Report Guide, and the Caltrans VA Activity Chart. The VA study will identify and evaluate alternative project solutions and provide recommendations to decision-makers in a Final VA Study Report. To perform this work, this task includes the following:
• Provide a qualified, independent Certified Value Specialist (CVS) team A.17.c
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38 leader to lead the VA study in accordance with Caltrans value methodology. • Provide VA study documentation in accordance with the Caltrans VA Report Guide and this Task Order.
• Ensure that applicable data and correspondence and any other relevant information necessary for the VA study is collected, developed, and distributed.
• Develop the Draft VA Study Charter (Attachments A, B, and C per the Caltrans Team Guide).
• Prepare a list of VA study participants and organize a VA study team. • Conduct a pre-study meeting via teleconference no later than the week prior to the start of the study.
• Facilitate the VA study virtually over a three (3) day period. • Complete a Preliminary VA Study Report with input of the VA Team and technical reviewers in accordance with the VA Report Guide – Third Edition and with the following items:
o Prepare the VA report distribution list.
o Submit the Preliminary VA Study Report as an electronic copy; no more than 2 weeks following Initial VA Presentation, as specified in the report distribution list.
• Coordinate responses to the Preliminary VA Study Report and prepare for an implementation meeting to resolve the disposition of the VA alternatives and finalize the VA study costs, performance, and value indices. • Submit a Final VA Study Report as specified in Caltrans VA Report Guide – Third Edition, no more than 3 weeks following Final VA Presentation / Implementation Meeting. Final VA Study Report will be an electronic copy in PDF format.
• Provide Caltrans HQ VA Program Manager electronic copies of the Preliminary and Final VA Study Reports so they can be included in their annual reports to FHWA.

Deliverables:
• Preliminary VA Study Report
• Final VA Study Report
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39 3. TASK 3 – DRAFT PS&E (65%) SUBMITTAL (Future Scope- Optional Task)

3.1 Draft Roadway Design Plans
CONSULTANT will incorporate all reviewing agency comments from the 35% GAD submittal into the roadway plans and estimates. Where it is not possible or desirable to incorporate certain comments, CONSULTANT will provide an explanation. Electronic copies will be included with the 65% submittal.

CONSULTANT will also submit plans for Caltrans Safety Review and participate in the safety review/disposition meeting. CONSULTANT will provide status of incorporation of plan and specification features in accordance with the Environmental Commitments Record.

CONSULTANT will prepare drainage plans, profiles, and quantities based on the drainage report.

The CONSULTANT will develop Stage Construction, Traffic Handling, Construction Area Sign Plans, and Detour Plans will include construction detour routes.

CONSULTANT will prepare pavement delineation plans to identify locations of painted and thermoplastic stripes and markings, pavement markers, and delineators.

CONSULTANT will prepare Sign Plans to show existing and proposed newsigns.

The plans will include sign details and quantity sheets. Overhead sign structures shall be designed based on the locations shown on the 35% Sign Concept Strip Maps.

CONSULTANT will prepare plans for safety lighting (Caltrans and Cities), traffic signal, ramp metering, traffic monitoring stations, CCTV and communication systems. CONSULTANT will coordinate with Caltrans to ensure that ramp meter and electrical designs will accommodate future traffic monitoring features within the project limits. Freeway Lighting shall be designed based on the locations shown on the 35% Lighting Concept Strip Maps.

CONSULTANT will identify and prepare plans for temporary highway lighting and temporary/staged electrical/communication systems (e.g. ramp metering, traffic monitoring stations, CCTV, changeable message signs and fiber optic communication) that maintain existing highway safety lighting and maintain the communication of traffic information to the Traffic Management Center A.17.c
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40 throughout all stages of construction. Temporary traffic signal plans will be prepared if the stage construction/traffic handling significantly affects the traffic movements through the intersection, of if a temporary detour route warrants a temporary traffic signal.

CONSULTANT will prepare planting and irrigation plans to include replacement planting and irrigation in those landscaped areas disturbed by construction.

Specimen trees will replace any mature trees that are removed by the project. The determination of the size and quantity of the replacement trees will be by the District 8 Landscape Architect. If it is determined that the cost for highway planting and irrigation will exceed $200,000, a separate highway planting contract for construction will be required. The contract documents will include all that is needed for a standalone PS&E for Caltrans to bid the highway planting as a separate contract.

CONSULTANT will prepare Erosion Control and Maintain Existing Highway Planting Plans, and Irrigation Plans for the appropriate permanent backbone irrigation system and temporary irrigation systems for the Highway construction contract.

CONSULTANT will prepare and update the utility conflict maps as a result of the coordination, reviews and potholing done during the 35% PS&E. Again, it is assumed the utility companies will perform relocation design for their own facilities.

The following 65% roadway package design plan sheets prepared by the CONSULTANT are anticipated to be submitted at this stage:

Sheet Title Sheet
Count
Title Sheet 1
Typical Cross Sections 15
Key Map and Line Index 4
Layout Plans 12
Removal Plans 12
Profiles/Superelevation Diagrams 24
Construction Details 42
Contour Grading 12
Temporary WPCP Plans 14
Drainage Plans 12
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41 Sheet Title Sheet
Count
Drainage Profiles 12
Drainage Details 8
Temporary Drainage Plans 12
Drainage Quantities 7
Final Utility Plans 3
Stage Construction/Traffic Handling Plans (Including Index Plans) 72 Motorist Information Plans 15
Construction Area Signs 2
Pavement Delineation Plans/Details/Quantities 28
Sign Plans/Details/Quantities 41
Summary of Quantities 5
Retaining Wall (Standard Design) 2
Irrigation Removal/Temporary Irrigation Plans 12
Irrigation Plans 12
Highway Planting Plans 15
Irrigation Sprinkler Schedule, Details and Quantities 17 Planting Legend, Details and Quantities 4
Electrical - Traffic Signal 14
Electrical - Lighting (Stage Construction) 32
Electrical - Lighting and Sign Illumination 24
Electrical - Temporary Traffic Signal 10
Electrical - Ramp Metering (By Stage) 7
Electrical - Ramp Metering 4
Electrical - Temporary Communication System 8
Electrical - Communication System 16
Total 530
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42 3.2 Roadway Draft Reports

3.2.1 Update Storm Water Data Report (SWDR)
In accordance with current Caltrans Project Planning and Design Guide, a Storm Water Data Report (SWDR) shall be prepared for this phase of the project. The SWDR prepared for the Project Approval and Environmental Document (PA/ED) phase of the project will be updated for the PS&E Phase. Specific objectives of the SWDR include:
• Define storm water quality issues and pollutants of concern. • Form the Project Development Team (PDT), including the District/Regional National Pollutant Discharge
• Evaluate potential storm water impacts for mitigation purposes and address water quality concerns.
• Develop a list of potentially feasible permanent storm water Design Pollution Prevention and
• Treatment Best Management Practices (BMPs) to be evaluated during project design.
• Document storm water design decisions made regarding project compliance with the NPDES permit.
• Develop the preliminary costs for BMPs.
• Discuss the project with the Regional Water Quality Control Board (RWQCB) and local agencies, if advised by the District/Regional NPDES Storm Water Coordinator or requested by the RWQCB.
• Address mandates associated with TMDLs/303(d) impaired waterbodies • Construction Risk Level Determination and RUSLE2 Analysis • Program the project construction costs.

Caltrans storm water evaluation forms will be included to ensure that the proper evaluation process is used for the consideration of treatment best management practices (BMPs). The methods and calculations that will be used to size and design treatment BMPs will be in accordance with Caltrans Storm Water Quality Handbook.

3.2.2 Drainage Report
CONSULTANT will prepare a drainage study to address the existing drainage condition and the proposed mitigation and design. This study shall consider both onsite and offsite systems to estimate the size and cost of needed cross-culverts.

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43 Study findings shall be summarized in a Project Drainage Report (PDR). A draft version of the PDR will be submitted to the CITY and Caltrans at the 65% milestone. The draft version of the PDR will be finalized upon completion of the 100% PS&E. The PDR will also support the Bridge Type Selection Report.

Transportation Management Plan (TMP)
The objective of the TMP is to provide continuous traffic circulation and access, with adequate space for safe and efficient construction.

The CONSULTANT will develop a traffic management plan (TMP) that includes elements specific to the project. The TMP addresses traffic detours and traffic operations during the construction phase. The TMP will be coordinated with the impacted cities, Caltrans, and other stakeholders, including the California Highway Patrol. Traffic studies conducted as part of the final environmental document process will be reviewed in advance of developing the TMP to ensure that any specified mitigation is incorporated.

Deliverables:
• Draft and Final versions of the TMP Report

3.3 RIGHT-OF-WAY (R/W) ENGINEERING SERVICES (note that items 3.3.4-

3.3.9 are Future Scope- Optional)
R/W Engineering Services will be required as described in the sections below.

3.3-1 Land Net Recovery and Field Ties
Field and related survey effort necessary to search, recover, describe, and tie-in controlling land survey monuments. (See "State R/W Boundary Establishment")

3.3-2 Right-of-Way Requirements Map
CONSULTANT shall prepare one set of Right of Way Requirement Exhibits depicting acquisition parcels, which will be based on the right of way needs as provided by the design team. Right-of-way requirements may include the need for new right-of-way, permanent easements, slope easements, and temporary construction easements; and will be stamped and signed by the CONSULTANT.

All parcels will be identified by the ownership and nature of the acquisition. Areas of the acquisition parcels will be tabulated, but dimension data will not show on A.17.c
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44 these exhibits.

Deliverables:
• Right-of-Way Requirements Map (PD-26)
• Exhibits for approximately thirty-five (35) individual parcels impacted by the project

3.3-3 "Before Condition" Record of Survey
This activity is required by the Professional Land Surveyors Act and involves the production and filing of the "Before Condition" Record of Survey.

3.3-4 Prepare Appraisal Maps
CONSULTANT will prepare Appraisal Maps at 1”=50’ scale to facilitate the partial acquisition of approximately sixty-one (61) parcels necessary for the construction of the project. The Appraisal Map will cover the area sufficient to fully depict only the acquisition parcels and shall be prepared in conformance with the Caltrans Right-of-Way Manual.

Deliverables:
• Appraisal Map for thirty-five (35) parcels

3.3-5 Legal Descriptions and Exhibits
Prepare property acquisition documents. The documents include deeds (deed jackets, legal descriptions, and plat maps) for permanent rights and temporary construction easements.

Prepare deeds for the conveyance of R/W to Caltrans, public entities and utility companies for the closeout of the project.

Consultant shall prepare metes and bounds legal descriptions and exhibit plats for permanent right of way acquisitions and temporary construction easements (TCE) for the project. Up to 61 parcels have been quantified for this task.

3.3-6 Prepare Parcel Files
For each impacted property, prepare a parcel file.

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45 3.3-7 Appraisals and Acquisitions
Based on identified right-of-way requirements identified in the tasks above, the following tasks will be undertaken to complete property appraisals and acquisitions.

Fee Appraisal and Review
CONSULTANT will appraise approximately 20 legal larger parcels as a minimum based on on-site inspections, a review of title information, property improvements that could affect value, and correlating market research. The appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve as an acquisition appraisal and will be prepared in a summary format consistent with the specifications for narrative appraisal report.

Acquisition Services- Fee Owner
Following Client approval of just compensation, CONSULTANT will present the Client’s written purchase offer to the owners and/or owner’s representative.

Negotiations will involve an interactive, face-to-face discussion (when possible) with each property owner about subject property; explanation of the project and its impacts to the property; explanation of the valuation process and how the value was concluded; and answer any questions or concerns the owner may have.

Once an agreement is reached, CONSULTANT will submit the appropriate executed documents to the Client for approval; including letters of recommendation with supporting documentation if an administrative settlement is being recommended.

Escrow Coordination Services
OPC in-house escrow officers will coordinate with the escrow company to clear title items, secure execution of deeds, request escrow funds, secure reconveyances or subordination instruments, closing items and securing title insurance policies.

Right of Way Certification
For certification, OPC will:

1. Attend certification planning meeting with the Local Assistance Coordinator and Project team.

2. Ensure appraisal maps/right of way maps and legal descriptions are all provided.

3. Ensure that all interests necessary for the Project have been secured and A.17.c
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46 all relocation activities have been performed in compliance with applicable law and regulations.

4. Prepare certification forms in coordination with engineer and Client to include the compilation of all necessary back-up documents required, including; acquisition file final documents, deed, final order of condemnation, access easements, cooperative agreements, permits, right of entries, etc.

5. Attend pre- and post-audit submittal meetings.

3.3-8 Final Right of Way Map
Consultant shall prepare a final right of way map at 1”=50’ scale to facilitate acquisition parcels and properties. The right of way maps shall be prepared in conformance with the Caltrans Right of Way Manual.

3.3-9 Post-Construction Record of Survey
Upon substantial completion of construction, Consultant will establish final monuments, in accordance with the Caltrans Survey Manual, for all angle points and points of curvature, along the new right of way of three partial fee acquisitions for this project. Any pre-existing monuments destroyed by construction activities will be reestablished in their original location from ties documented on the preconstruction Record of Survey.

Deliverables:
• A total of ten (10) final survey monuments are estimated for this task.

Post-Construction Record of Survey
This activity is required by the Professional Land Surveyors Act and includes:
• Preparation of a Record of Survey Map depicting found and set survey monumentation necessary to perpetuate survey control established preconstruction, and to document final monumentation of the new fee parcel acquisitions.
• Processing of the Record of Survey Map with the County of Riverside for recordation.

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47 3.4 Structure 65% Unchecked Details
CONSULTANT will prepare structure plans and details for the three (3) bridges, nonstandard retaining walls and the two (2) pedestrian-bicyclist underpasses identified within the project limits. Structure design will be in accordance with AASHTO LRFD Bridge Design Specifications with California Amendments, Caltrans Seismic Design Criteria, Bridge Memos to Designers, Structure Technical Policies, and Bridge Design Details.

Details and construction specifications will be prepared in accordance with Caltrans Standard Plans, Standard Specifications, and Standard Special Provisions.

This scope is developed with the understanding that the bridge types to replace the existing WLC Parkway overcrossing are anticipated to include twin parallel cast-in-place post-tensioned box girder bridges for vehicular traffic lanes and a cable-stayed pedestrian bridge for pedestrian-bicyclist traffic. Non-standard retaining walls consist of semi-gravity cantilevered walls at SR-60 EB off-ramp and U-shaped cast-in-place concrete cantilever walls at the bridge approaches connecting to pedestrian underpasses. The assumed structure type for the pedestrian UPs will be a reinforced concrete box installed in a cut and cover condition below the roadway.

The following structural plan sheets prepared by the CONSULTANT are anticipated for the twin vehicular bridges over SR 60:

Sheet Title Sheet
Count
General Plan 2
Index to Plans 1
Deck Contours 1
Foundation Plan 1
Abutment Layout 2
Abutment Details 4
Bent Layout 2
Bent Details 6
Typical Section 2
Girder Layout 2
Girder Details 3
Girder Reinforcement 2
Architectural Details 2
Deck Drain Layout 1
Miscellaneous Details 1
Structure Approach Type N 1
Structure Approach Drainage
Details 1
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48 Sheet Title Sheet
Count
Slope Paving Details 1
Strip Joint Seal Assembly 1
Bridge Mounted Sign Details 2
Log of Test Borings 6
Total Number of Sheets 44
The following structural plan sheets prepared by the CONSULTANT are anticipated for the cable-stayed pedestrian-bicyclist bridge over SR 60:

Sheet Title Sheet
Count
General Plan 2
Bridge Erection Sequence 1
Tower Pour Sequence 1
Index to Plans 1
General Notes 1
Foundation Plan 1
Deck Contours 1
Abutment Layout 2
Abutment Details 4
Tower Geometry 1
Tower Details 2
Tower Foundation 1
Tower Foundation Details 1
Tower Cable Anchorage
Geometry 3
Tower Cable Anchorage
Details 2
Bent Layout 1
Bent Details 3
Typical Section 1
Framing Plan 1
Girder Elevations 1
Floorbeam Elevations 1
Girder Details No. 1 3
Stay Cable Layout 1
Cable Anchorage Details 1
Stay Cable Data 1
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49 Sheet Title Sheet
Count
Stay Cable Geometry 1
Deck Layout 1
Deck Details 2
Expansion Joint Details 1
Bearing Details 2
Approach Slab 1
Pedestrian Rail Details 3
Deck Drain Layout 1
Slope Paving Details 1
Miscellaneous Details 1
Log of Test Borings 6
Total Number of Sheets 58
The following structural plan sheets prepared by the CONSULTANT are anticipated for the non-standard retaining walls and the pedestrian-bicyclist underpasses:

Non-Standard Retaining Walls Reinforced Concrete Box UPs Sheet Title Sheet Sheet Title Sheet
Count Count
General Plan 6 General Plan 2
Retaining Wall Details 5 Typical Section 2
Architectural Treatment
Details 3 Structure Details 2
Drainage Details 3 Miscellaneous Details 2
Log of Test Borings 4 Log of Test Borings 2
Total Number of Sheets 21 Total Number of Sheets 10
Deliverables:
 65% Structure Plans for Bridges (Unchecked Details)
 65% Structure Plans for Non-Standard Retaining Walls and Pedestrian UPs (Unchecked Details)
 Draft Foundation Report (Provided by Others)
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50 3.5 SPECIAL PROVISIONS (Future Scope- Optional)
CONSULTANT will prepare 65% level unedited special provisions for the construction of the roadway improvements through editing of the current Caltrans Standard Special Provisions (SSP's) in accordance with Caltrans’ Ready-To-List Guide for WLC Pkwy Interchange. The technical special provisions will be prepared by a California licensed civil Engineer for incorporation into the construction bid documents for the overall project.

The following technical unedited special provisions will be provided:
• 230.35.05 Roadway Specifications
• 230.35.10 Highway Planting Specifications
• 230.35.15 Traffic Specifications
• 230.35.20 Electrical Specifications
• 230.35.25 Utility Specifications
• 230.35.30 Drainage Specifications
Deliverables:
• 65% Roadway Specifications
• 65% Highway Planting Specifications
• 65% Traffic Specifications
• 65% Stage Construction/Traffic Handling Specifications • 65% Electrical Specifications
• 65% Utility Specifications
• 65% Drainage Specifications
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51 3.6 COST ESTIMATES
CONSULTANT will prepare 65% level quantity calculations and final construction cost estimates in accordance with Caltrans requirements utilizing the current edition of Caltrans Contract Cost Data book, recent construction bid data and in BEES format for WLC Pkwy Interchange. Engineer’s cost estimates will be prepared at each submittal stage.

The following quantities and estimates will be provided:
• Roadway Quantities and Estimates
• Highway Planting Quantities and Estimates
• Drainage Quantities and Estimates
• Traffic Quantities and Estimates
• Electrical Quantities and Estimates
• Utility Quantities and Estimates
Deliverables:
• 65% Roadway Quantities and Estimates
• 65% Highway Planting Quantities and Estimates
• 65% Drainage Quantities and Estimates
• 65% Traffic Quantities and Estimates
• 65% Traffic Handling Quantities and Estimates
• 65% Electrical Quantities and Estimates
• 65% Utility Quantities and Estimates
TASK 4 – PS&E (95%) SUBMITTAL (Future Scope- Optional)

4.1 Roadway Plans
This submittal will include comments, reviews, coordination efforts, and updated information. CONSULTANT will update all Roadway Plans and will provide Quantity Sheets with updated Special Provisions and BEES estimate. Any Revised and/or New Standard Plans developed by Caltrans shall be included with CONSULTANT’s Roadway Plan submittal. Response and resolution of all review comments for each deliverable from 65% submittal will take place prior to 95% submittal. All roadway quantities shall be independently checked, and all issues raised by independent quantity checker(s) will be resolved prior to the submittal. The estimate will reflect checked and resolved quantities.

CONSULTANT shall review unit price cost assumptions which comprise project cost estimate with City. Any discrepancies in unit price costs between City and CONSULTANT shall be resolved through a joint review meeting.

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52 Deliverables:
• 95 percent Roadway PS&E – 10 sets plus two electronic copies • 95 Percent Quantities and Independent Check Calculations – 2 sets

4.2 STRUCTURE 95% PLANS, SPECIFICATIONS & ESTIMATE (INITIAL PS&E) CONSULTANT will update the Structure Plans based on comments received from reviews provided by Caltrans and the CITY on the 65% Unchecked Details structure submittals.

For the bridges and non-standard structures listed in the scope of work, an Independent Check design will be performed by the CONSULTANT. Any significant differences between the initial design and the independent check will be resolved between designer and checker until substantial agreement on the final design is achieved. Required changes will be made to the design and construction documents. CONSULTANT will submit the checked PS&E documents for review.

CONSULTANT will prepare Structure Special Provisions (SSP’s) for bridges and nonstandard structures in conformance with the Caltrans Ready to List and Construction Contract Award Guide (RTL GUIDE), Standard Plans, and Standard Specifications.

CONSULTANT shall also prepare Special Provisions pertaining to items of work included in the plans that are not addressed in the Caltrans Standard Special Provisions.

CONSULTANT will provide a peer review of Structure Special Provisions.

CONSULTANT will prepare quantity calculations for each bridge, non-standard retaining walls and pedestrian UPs, following Caltrans construction bid items identified by the structures special provisions. CONSULTANT will prepare an independent set of quantity calculations. The two sets will be reconciled by the respective CONSULTANTs and the resulting item quantities will be summarized. Based on the final quantities, the construction cost estimates will be updated for each bridge.

Deliverables:

Initial PS&E package will be prepared for the three structure groups included in the scope of work: 1) Twin Vehicular Bridges, 2) Cable Stayed Pedestrian Bridge and 3) Non-Standard Retaining Walls and Pedestrian UPs
 95% Structure Plans (Initial PS&E)
 Structure Design Calculations (Initial PS&E)
 Structure Independent Check Calculations (Initial PS&E)  Structure Special Provisions
 Structure Quantities & CONSULTANT’s Estimate
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53  Final Foundation Report (Provided by Others)

4.3 Construction Schedule
CONSULTANT will update the Critical Path Method (CPM) project schedule for construction milestones in consultation with Caltrans and the City. This schedule will be based on estimated working days for project construction.

Deliverables:
• CPM Schedule Printout and electronic copy

4.4 Utility and R/W Update
CONSULTANT will verify and update utility and R/W engineering data.

Deliverables:
• Report containing all updated utility and R/W engineering data with changes clearly identified

4.5 Update SWDR
CONSULTANT will update the Storm Water Data Report (SWDR) and water pollution control plans based on comments received from Caltrans.

Deliverables:
• Final SWDR
• Updated Water Pollution Control Plans

4.6 Planting and Irrigation Plans
CONSULTANT shall update planting and irrigation plans based on 65% comments to include replacement planting and irrigation in those landscaped areas disturbed by construction.

Specimen trees will replace any mature trees that are removed by the project.

The determination of the size and quantity of the replacement trees will be by the District 8 Landscape Architect.

Deliverables:
• Highway Planting and Irrigation PS&E

4.7 Environmental Commitment Record (ECR)
CONSULTANT shall update the ECR based on changes during final design provided by the project engineer and ensure that all measures are incorporated A.17.c
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54 in the final PS&E package. If there are any changes to the project design, appropriate environmental revalidation shall be prepared pursuant to NEPA and CEQA requirements.

Deliverables:
• Environmental commitment tracking system
• Updated ECR
• Draft and Final report on project compliance

4.8 Update TMP
CONSULTANT will update the TMP based on comments received from Caltrans during the initial submittal.

Deliverables:
• Transportation Management Plan – electronic format

5. TASK 5 – FINAL PS&E (100 PERCENT) SUBMITTAL (Future Scope- Optional)

5.1 Roadway Plans, Structure Plans, Special Provisions, Cost Estimates, and Working Day Schedules
CONSULTANT will submit the Final PS&E package to Caltrans District Office Engineer and Office of Special Funded Projects (OSFP) for final approval.

CONSULTANT will also submit final plans for Caltrans Safety Review and participate in the safety review/disposition meeting. CONSULANT will provide status of incorporation of plan specifications features in accordance with the Environmental Commitments Record. The submittal will incorporate review comments from all involved agencies and include all completed forms in the Construction Contract Development (CCD) Guide.

Deliverables:
• Final Roadway PS&E – 10 sets and 2 electronic files
• Final Quantities and Independent Check Calculations – 2 sets • Full-size reproducible final structure plans – 1 set
• Final structures special provisions – 4 sets
• Prints of final structure plans – 4 sets; Cost estimates – 2 copies • Working day schedules – 2 copies
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55 • Original/checked quantity calculations – 2 copies
Deliverables to Office of Special Funded Projects (OSFP):
• Full-size reproducible final structure plans – 1 set
• Final structures special provisions – 4 sets
• Prints of final structure plans, reduced size – 4 sets In addition, CONSULTANT will provide electronic version of all plans, special provisions, estimates and schedules. The final BEES will be provided as a Microsoft Excel file.

5.2-A STRUCTURE 100% PLANS, SPECIFICATIONS & ESTIMATE (INTERMEDIATE PS&E)
CONSULTANT will address comments and update Structure Plans, Special Provisions, and Cost Estimates based on comments received from reviews provided by Caltrans and CITY on the 95% Initial PS&E structure submittals.

CONSULTANT will prepare the Intermediate PS&E package for each bridge for inclusion in the Ready to List (RTL) bid package.

Deliverables:

Intermediate PS&E package will be prepared for the three structure groups included in the scope of work: 1) Twin Vehicular Bridges, 2) Cable Stayed Pedestrian Bridge and 3) Non-Standard Retaining Walls and Pedestrian UPs • 100% Structure Plans (Intermediate PS&E)
• Revised Structure Design Calculations (if required)
• Revised Structure Independent Check Calculations (if required) • 100% Structure Special Provisions (Intermediate PS&E) • 100% Structure Quantities & CONSULTANT’s Estimate (Intermediate PS&E)
• 100% Final Foundation Report (Provided by Others)

5.2-B STRUCTURE FINAL PLANS, SPECIFICATIONS & ESTIMATE
Following Caltrans OSFP approval and following Caltrans providing signatures on the structure plans for each bridge and non-standard structure, the CONSULTANT will provide the Final PS&E submittal:

Deliverables:
• Caltrans approved Structure Plans (Final PS&E)
• Four-Scale Deck Contour Plots for Bridges
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56 5.2.1 STRUCTURE SPECIALTY ANALYSES FOR BRIDGES
The following special engineering studies are anticipated for the cable stayed bridge carrying the pedestrian and bicyclist pathway. These special studies will be initiated at the Type Selection and will be completed during the PS&E phase.

The results of these special studies will be submitted to Caltrans with the structural calculations as part of the Initial PS&E submittal.

5.2.2 Wind and Vibration Analysis
Cable-stayed bridges are wind sensitive structures per AASHTO LRFD and will require site-specific and structure specific studies to evaluate the wind response characteristics of the bridge. CONSULTANT will conduct a specialty wind and vibration analysis on the cable-stayed pedestrian bridge concept using the General Plan information and site specific and historical wind data.

Following studies are anticipated to be required for the cable stayed bridge and are included in the scope of work:

5.2.3 Site Specific Wind Climate Study
CONSULTANT will determine site-specific design wind speeds as well as the approaching wind profiles and turbulence properties.

5.2.4 Sectional Model Wind Tunnel Testing:

CONSULTANT will prepare a scale model testing of a typical deck section in a wind tunnel to verify that the bridge deck will remain stable against aerodynamic instabilities such as flutter, galloping, and vortex shedding. If necessary, mitigation measures will be explored to improve the aerodynamic stability of the bridge. Once the deck section is determined to be stable, force coefficients and aerodynamic derivatives will be obtained for the determination of design wind loads. This detailed wind tunnel test will be required when instability issues are reported during aerodynamic stability assessment under the Phase 1 study. Up to three (3) test configurations are included in the scope of work assuming a symmetrical deck section about the deck centerline and one construction stage for the bridge.

5.2.5 Buffeting Wind Loads
Numerical methods will be used to combine the design wind speeds, turbulence levels at the site, static force and moment coefficients, and modes of vibration in order to determine design wind loads based on estimates of aerodynamic force coefficients and the local wind climate. The wind loads will be presented in an electronic format easy to use by the design team to assess the preliminary design for strength. Wind loads will be prepared based on one construction A.17.c
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57 stage for the bridge.

5.2.6 Cable Vibration Assessment
Using numerical methods, data available in the technical literature, and our experience, the potential for cable vibrations will be investigated and the minimum damping levels required to suppress unwanted vibrations will be specified. Assessment will be performed for one (1) set of cable properties for the selected bridge option without supplementary damping devices.

5.2.7 Pedestrian Induced Vibration Assessment
Vibrations of excessive amplitudes and frequent occurrence could cause discomfort to pedestrians. To avoid pedestrian discomfort from the effects of synchronized pedestrian loading and wind loading the maximum vertical and horizontal acceleration of the structure should be limited to acceptable levels and will be assessed based on a numerical simulation approach. Up to three (3) unique pedestrian load scenarios will be considered.

Deliverables:
• Wind Engineering Report to be included in the Structure Design Calculations

5.2.8 Seismic Analysis
Cable-stayed bridges are considered nonstandard per Caltrans Seismic Design Criteria (SDC 2.0) and will require a Project Specific Seismic Design Criteria (PSDC). CONSULTANT will develop the PSDC per Caltrans Memo-toDesigners 20-11. The PSDC critical issues will be discussed with Caltrans prior to the type selection meeting to ensure all significant seismic issues are evaluated in the type selection process. CONSULTANT will conduct a seismic analysis on the cable-stayed pedestrian bridge using the General Plan information and the approved criteria established in the PSDC.

In addition, per Caltrans SDC, bridges located within 300 feet of active faults are considered nonstandard and will require evaluation of near fault effects through a PSDC. If it is determined by the Geotechnical CONSULTANT that proposed bridges are crossing a fault, CONSULTANT will evaluate the bridges per Caltrans Memo-to-Designers 20-8 and 20-10 using the “simplified method” assuming an ordinary-nonstandard bridge type per Caltrans SDC. A PSDC will be prepared for bridges to consider near fault effects and fault crossing per Caltrans Memo-to-Designers 20-11.

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58 5.3 Resident Engineer File
CONSULTANT will meet with the Resident Engineer (RE) and functional units and provide the following information for the RE file. This list is not comprehensive and CONSULTANT shall provide additional information as appropriate:
• Permits
• Surveying Notes
• Geotechnical (GDR) and Foundation (FDR) Reports
• Hydrology/Hydraulics Report and calculations
• Relevant correspondence and memoranda
• Engineering calculations (horizontal and vertical alignments, earthwork quantities, etc.)
• Environmental Agreements and Reports
• Summary and discussion of Environmental issues
• Transportation Management Plan and supplements
• Material Handouts
• Storm Water Data Report
• Right-of-Way Maps & Agreements
• Utility Relocation Plans and Agreements
• Safety Review Report
• List of Project Personnel
• Cooperative Agreements
• Working Cross Sections
Deliverables:
• Resident Engineer (RE) file
CONSULTANT will provide an electronic version of all RE file information.

5.4 Survey File
CONSULTANT will prepare materials and compile documentation to be included in a Survey File for use by the lead surveyor assigned to this project prior to A.17.c
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59 construction. The following documentation will be included in the Survey File as prescribed by the Project Development Procedures Manual (PDPM) Appendix QQ.

Preparation Guidelines for Survey Files, but not limited to:
• Contact List
• Datum Listing
• Project Reference List
• Additional Instructions
• Contract Plans
• Project Control
• Topography & Base Maps
• Horizontal & Vertical Alignments
• Profiles
• Cross Sections – Roadway cross-sections at 50’ intervals. The cross sections will depict only the finished surface, pavement subgrade and original ground generated from the DTM files and will be identified by station interval. Additive information such as elevation callouts, curbs, dikes, wall cross-sections, right-of-way lines, ditch cross-sections, etc. will not be shown on the cross-sections.
• Slope Staking Notes/Grid Grades
• Right-of-way Appraisal Maps
• Right-of-way Coordinate Geometry
• Right-of-way Monument Perpetuation Documentation
• Structural Systems (Walls)
• Drainage Systems
• Digital Design Model
CONSULTANT will submit the Survey File electronically to the Caltrans District Office Engineer.

Deliverables:
• Survey File
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60 6. TASK 6 – CONSTRUCTION BIDDING PHASE (Future Scope- Optional) Bidding procedures responsibility is to be determined. CITY or Caltrans will:
• Advise the CONSULTANT of listing dates.
• Inform CONSULTANT of all issues and inquiries list and responses. • Provide CONSULTANT with bid results and summary sheets for their review.

During bid advertisement of the project, CONSULTANT will refer all questions concerning the intent to the appropriate agency for resolution. In the event that items requiring interpretation of the drawings or specifications are discovered during the bidding period, CONSULTANT will inform CITY/Caltrans. CITY/Caltrans will advise CONSULTANT regarding the proper procedure required for analysis of said items. Any necessary corrective action will either be in the form of an addendum prepared by CONSULTANT and issued by CITY/Caltrans, or via a covering change order after the award of the construction contract.

6.1 Pre-Bid Meeting
CONSULTANT will attend the pre-bid meeting.

6.2 Respond to Inquiries
CONSULTANT will draft responses to bidders' inquiries as requested by the District Office Engineer. All such responses will be routed through the District Engineer.

Deliverables:
• Draft Bidder Inquiry Responses (hard copy and electronic in MS Word)

6.3 Addenda
CONSULTANT will prepare addenda as requested by District Engineer.

Deliverables:
• Copies of Addenda

7. TASK 7 – CONSTRUCTION SUPPORT PHASE (Future Scope- Optional) Construction of the project will be the responsibility of the CITY or Caltrans (TBD). During the construction phase, CONSULTANT shall work closely with Resident Engineer (RE) within the budget allotted to assist and advise the RE in order to minimize construction conflicts and to expedite project completion.

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Packet Pg. 1195 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF SR-60 / WORLD LOGISTICS CENTER PARKWAY

INTERCHANGE IMPROVEMENTS PROJECT
61 7.1 Pre-Construction Meeting
CONSULTANT will attend the pre-construction meeting.

7.2 Partnering Workshop
CONSULTANT will attend a partnering workshop as requested.

7.3 Additional Drawings Due to CONSULTANT Error, Omission, or Revision In the case of errors and/or omissions, CONSULTANT shall furnish additional and/or revised drawings necessary for corrections and change orders. Caltrans will provide a written request for such drawings and CONSULTANT will provide said drawings at no additional cost to Caltrans or City. CONSULTANT will also provide the original tracings of the drawings and contract wording for related change orders to CITY/Caltrans at no additional cost.

7.4 Shop Drawing and Submittal Review
CONSULTANT will review submittals and shop drawings. The review of shop drawings shall include structures working drawing submittals, construction contractor's submittals for substitutions, construction contractor's alternative construction approval, steel layout for structures, independent check of construction contractor submittals and others as requested by the Resident Engineer.

7.5 Additional Drawings at Caltrans Request
If requested by City/Caltrans, CONSULTANT will prepare additional drawings and change order-supporting documents. Any such additional drawings constitute extra work; therefore, prior approval from City is required. Any such additional engineering services, drawings, or change order documentation prepared prior to receiving the required approval will be at CONSULTANT’s risk and expense.

7.6 Site Visits
CONSULTANT will visit the job site as requested by City/Caltrans.

7.7 Respond to Inquiries/RFIs
CONSULTANT will draft responses to contractor inquiries and RFIs as requested by the Resident Engineer.

7.8 Change Order Preparation and Review, CRIP Reviews
CONSULTANT will review proposed change orders, draft change order language A.17.c
Packet Pg. 1196 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF SR-60 / WORLD LOGISTICS CENTER PARKWAY

INTERCHANGE IMPROVEMENTS PROJECT
62 and make recommendations as requested by Resident Engineer. If said changes are necessary as a direct result of design errors and omissions, CONSULTANT shall prepare and/or review contract change orders at no additional cost.

Caltrans Responsibility
• Provide advice on any issues raised and inquiries made by Resident Engineer
• Inform Design Consultants of all field changes and Contract Change Orders (CCOs)
• Prepare and maintain as-built mark-ups in the field

7.9 As-Builts
CONSULTANT will be responsible for preparing as-builts plans, signed and stamped by CONSULTANT and submitted to Caltrans. Resident Engineer will provide CONSULTANT with as-built plan markups.

Deliverables:
• As-Built plans, hard copy and electronic DGN format – 1 set

8. TASK 8 – PROJECT CLOSEOUT (Future Scope- Optional)
After construction, CONSULTANT will provide all final construction project records in accordance with Section 5-104 of the Caltrans Construction Manual and all other Caltrans requirements. Records shall include, but not necessarily be limited to design survey records, including legible hard copies and electronic files, recorded monumentations, and post audits. CONSULTANT shall maintain all project records in accordance with the Caltrans Uniform filing system.

8.1 Develop Final Record Drawing Plans
While Caltrans is responsible for maintaining field as-built plans, CONSULTANT shall keep a similar set of plans, noting any variation between the plans and the actual construction. These marked up plans will form the basis for the development of the Final record drawing PS&E. In developing the Final record drawing PS&E, CONSULTANT shall follow all requirements specified in Sections 5-104D (1) and (2) of the Caltrans Construction Manual and submit to Caltrans no later than 60 days after construction contract acceptance by Caltrans.

8.2 Deliver Project Files
CONSULTANT will provide all pertinent project records to Caltrans. Documents shall be organized in accordance with the Caltrans Uniform Filing System.

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Packet Pg. 1197 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF SR-60 / WORLD LOGISTICS CENTER PARKWAY

INTERCHANGE IMPROVEMENTS PROJECT
63 8.3 Post Audits
CONSULTANT will assist City/Caltrans with the post audits as required.

9.0 ASSUMPTIONS AND EXCLUSIONS:
• The level of effort is based on the baseline concept of twin Cast-in-place Concrete Post-Tensioned Box Girders for vehicular traffic and a Cable-Stayed Bridge for pedestrian and bicyclist traffic. The scope of work and design fee will have to be adjusted if different or additional structure alternatives are to be considered.
• All structure submittals will be submitted to Developer, Caltrans and City concurrently.
• Geotechnical and foundation investigations, exploratory borings, laboratory testing, and all associated reports including but not limited to Preliminary, Draft and Final Geotechnical/Foundation Reports and Geological and Geotechnical Studies are excluded from CONSULTANT’s scope of work and will be provided by other consultants.
• Coordination effort between the Bridge CONSULTANT and the Geotechnical CONSULTANT is included in the scope for work.
• Life Cycle Cost Analysis for bridges and structures is excluded from the scope of work.
• Pedestrian railings in the scope of work for the cable-stayed bridge includes California standard railings or common bridge railings with steel wire mesh and vertical posts supported on the bridge deck. Alternative studies and architectural design for pedestrian railings is excluded from the scope of work but may be negotiated for additional scope and fee if requested.
• Current Caltrans Seismic Design Criteria (SDC 2.0) does not require a Nonlinear Time History Analysis (NTHA) for non-standard bridges; therefore, additional design effort for performing a NTHA was not considered in bridge scope of work and fees. It is possible that Caltrans may require NTHA as a condition of project approve. The scope of work and design fee will have to be adjusted if NTHA will be required for seismic evaluation of the bridges.
• Independent Check for Wind and Vibration assessments of the cable stayed bridge is excluded from the scope of work.
• Non-standard design of overhead sign structures is excluded from the scope of work.
• Structural design for protection of utilities, sewer and storm drain lines is excluded from the scope of work.
• Architectural design of metal claddings attached to exterior surfaces of bridges is excluded from the scope of work.

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Packet Pg. 1198 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF SR-60 / WORLD LOGISTICS CENTER PARKWAY

INTERCHANGE IMPROVEMENTS PROJECT
64 • Bridge deck for the cable stayed bridge is assumed to be symmetrical about the deck centerline. Scope and fee will need to be revised for asymmetrical deck section.

Scope and fee provided here for twin concrete bridges assumes that vehicular bridges will be identical in structure type, deck width, span lengths and foundation types. Similar structural details will be applied to twin concrete bridges using one construction plan set.

9. PROJECT SCHEDULE
Project Schedule is included as an attachment to this Scope of Work.

END OF SCOPE OF WORK
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Packet Pg. 1199 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF TASK

ANTICIPATED

DATE REMARKS
Advanced Planning Study (APS) 2/20/2023
Geometric Approval Drawing (GAD) 2/28/2023
NTP 6/1/2023
Preliminary Foundation Report (PFR) 8/25/2023
Drainage Report 2/28/2024
Storm Water Data Report (SWDR) 3/29/2024
Approved R/W Requirements Map 3/29/2024
Approved Structure Type Selection Report 4/19/2024
Transportation Management Plan (TMP) 4/19/2024
Submit R/W Mapping to County 4/30/204
Foundations Report 4/30/2024
Approved Legal Descriptions and Plats 6/5/2025
65% Roadway PS&E* 6/30/2025
65% Structures PS&E 6/30/2025
Structures Preliminary Geotech 10/1/2025
95% Roadway PS&E 12/30/2025
95% Structures PS&E 3/6/2026
100% PS&E (District Review) 4/21/2026
Right of Way Clearance 6/3/2027
Approved PS&E 7/21/2027
Ready to List (RTL) 8/18/2027
Contract Award 11/28/2027
Construction Complete 12/18/2029

MILESTONE SCHEDULE
Separate
Contracts
Future
Phases
*Initiated but not completed under this Contract.

Components
of This Contract
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Packet Pg. 1200 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF 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.

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Packet Pg. 1201 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF EXHIBIT “D”

TERMS OF PAYMENT

1. The Consultant's compensation shall not exceed $3,399,990.23 .

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 business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: http://www.moval.org/do_biz/biz-license.shtml

3. The Consultant will electronically submit an invoice and a hard copy invoice to the City monthly for payments along with documentation evidencing services completed to date. The milestone payment is based on actual time and materials expended in furnishing authorized professional services during the preceding period. 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 milestone payment shall be final. The consultant will submit all original invoices to Capital Projects staff at [email protected].

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
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Packet Pg. 1202 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF

5. The minimum information required on all invoices is:

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 invoice amount; single, lump amounts without detail are not acceptable.

6. The City shall pay the Consultant for all invoiced, authorized professional services within forty-five (45) days of receipt of the invoice for same.

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Packet Pg. 1203 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF Fee Proposal for Preparation of Plans, Specifications and Estimates for the SR-60/WLC Pkwy Interchange Improvement Project - April 2023

MICHAEL BAKER INTERNATIONAL
Activity

DESIGN PHASE
TASK 1 - PROJECT MANAGEMENT / COORDINATION / ADMINISTRATION

1.1A COORDINATION AND MEETINGS 167 $46,575.00

1.1B ADMINISTRATION 619 $189,019.76

1.2 PROJECT SCHEDULE 84 $16,770.00

1.3 PROGRESS REPORTS 26 $7,890.00

1.4 DESIGN QUALITY MANAGEMENT PLAN (DQMP) 139 $37,320.00

1.5 PROJECT MANAGEMENT PLAN* 0 $0.00
Subtotal Task 1 (Hours) 1,036
(Fee) $297,574.76 $118,270.00
(ODC) $2,500.00 $2,500.00
TASK 2 -35% PS&E

2.1 DATA COLLECTION* 0 $0.00

2.2 PERMIT APPLICATIONS / COORDINATION* 0 $0.00

2.3 GEOMETRIC WORKSHOP* 0 $0.00

2.4 SUPPLEMENTAL DESIGN STANDARD DECISION DOCUMENT 81 $21,138.57 $21,138.57

2.5 DESIGN SURVEYS* 0 $0.00

2.6 GEOTECHNICAL COORDINATION* 0 $482,000.00 $428,000.00

2.7 GEOMETRIC APPROVAL DRAWINGS (GAD) AND PRELIMINARY ENGINEERING* 0 $0.00

2.8 ENVIRONMENTAL REVALIDATION / ENVIRONMENTAL PERMITTING 1,477 $255,330.00 $255,330.00

2.9 STRUCTURE CONCEPTUAL DESIGN AND APS* 0 $0.00

2.10 STRUCTURE TYPE SELECTION MEETING AND APPROVAL / PEER REVIEW 2,370 $633,980.00 $633,980.00

2.11 UTILITIES 456 $179,513.33 $120,513.33

2.12 CONCEPTUAL LANDSCAPE PLAN* 0 $0.00

2.13 RIGHT OF WAY CONSTRAINT MAPPING 32 $22,120.00 $22,120.00

2.14 PRELIMINARY COST ESTIMATE* 0 $0.00

2.15 VALUE ANALYSIS STUDY 216 $96,400.00 $96,400.00
Subtotal Task 2 (Hours) 4,632
(Fee) $1,690,481.90
(ODC) $5,000.00
TASK 3 - UNCHECKED DETAILS PS&E (65%) SUBMITTAL

3.1 DRAFT ROADWAY DESIGN PLANS 11,980 $2,235,703.33 $602,180.00

3.2 ROADWAY DRAFT REPORTS 388 $81,570.00

3.3 RIGHT-OF-WAY (R/W) ENGINEERING SERVICES 1,860 $679,498.33 $276,788.33

3.4 STRUCTURE 65% UNCHECKED DETAILS 6,381 $1,578,840.00 $705,000.00

3.5 SPECIAL PROVISIONS 112 $25,900.00

3.6 COST ESTIMATE 148 $28,700.00 $28,700.00
Subtotal Task 3 (Hours) 21,770
(Fee) $4,772,911.67
(ODC) $7,500.00 $7,500.00
TASK 4 - INITIAL PS&E (95% CHECKED) SUBMITTAL

4.1 UPDATE ROADWAY PLANS 4,471 $833,800.00

4.2 STRUCTURE INITIAL PS&E 5,920 $1,264,300.00

4.3 CONSTRUCTION SCHEDULE 20 $6,480.00

4.4 UPDATE UTILITY AND R/W DATA AND CERTIFICATION 0 $0.00

4.5 UPDATE SWDR 84 $16,340.00

4.6 UPDATE PLANTING / IRRIGATION PLANS 600 $111,900.00

4.7 UPDATE ENVIRONMENTAL COMMITMENTS RECORD 56 $9,160.00

4.8 UPDATE TMP 84 $16,340.00
Subtotal Task 4 (Hours) 11,235
(Fee) $2,258,320.00
(ODC) $15,000.00
TASK 5 - FINAL PS&E (100%) SUBMITTAL

5.1 FINAL ROADWAY PLANS, SPECIAL PROVISIONS, COST ESTIMATES & SCHEDULE 584 $105,360.00

5.2 STRUCTURE INTERMEDIATE/FINAL PS&E 1,384 $267,230.00

5.3 RESIDENT ENGINEER FILE 120 $23,260.00

5.4 SURVEY FILE 24 $6,225.00

5.5 INFORMATION HANDOUT 16 $3,600.00
Subtotal Task 5 (Hours) 2,128
(Fee) $405,675.00
(ODC) $15,000.00
Total Design Hours 40,800
Total Direct Labor Design Fee and ODC $9,469,963.33
* Completed under separate contract. ODC Total $45,000.00 ** Future task.
*** Partial task. Fee Total $9,469,963.33
Initial Components of City Contract: $3,399,990.23
Remaining Unfunded: $6,069,973.10
TOTAL HOURS TOTAL FEE Initial components of
City Contract

MICHAEL BAKER TEAM
\\irvica1fs1\HROOT\pdata\189954\Admin\Proposal\PSE Submittal\WLC_PSE_Fee_Proposal Michael Baker_2023-04-27_FOR CITY Page No. 1 of 1 A.17.c
Packet Pg. 1204 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF MORENO VALLEY FOR TUMF FUND REIMBURSEMENT BY WRCO) EXHIBIT “E”

INSURANCE REQUIREMENTS
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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Packet Pg. 1205 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF

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 selfinsured 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 retentions 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.

A.17.c
Packet Pg. 1206 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF 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 following 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.

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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Packet Pg. 1207 Attachment: MBI Agrmnt-SR60-Theodore InterChg-Design_v5-2-23 (6162 : APPROVE AN AGREEMENT BETWEEN WRCOG AND THE CITY OF Report to City Council
ID#6232 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: May 16, 2023
TITLE: PURSUANT TO LANDOWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021-01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 71, 73, 80 AND 91 (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 approving the amended map for said District (Amendment No. 71) (SBM Holdings & Investments, Inc., located on the northeast corner of Perris Blvd. and Dracaea Ave.).

2. 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. 73) (Hurst Joyce A Living Trust DTD 9/30/22 and Joyce A. Hurst, 12869 Perris Blvd.).

3. 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. 80) (Prose Moreno Valley Owner LLC, located near the southeast corner of Alessandro Blvd. and Lasselle St.).

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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. 91) (DC Rental Properties LLC, located at 24268 Virginia Ln.).

SUMMARY
Adoption of the resolutions (Attachments 1-4) will certify the annexation of 7 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 created by the proposed development.

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 created 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 levy a special tax, collected on the Property Owner
Project
ACP Record #s
Amendment
No. APN(s) Location
SBM Holdings & Investments, Inc.
76 Gas Station and Convenience Store
PEN19-0205/SCP22-0118
71 479-120-027
479-120-029
479-120-042
479-120-043
Northeast corner of
Perris Blvd. and Dracaea Ave.

Hurst Joyce A Living Trust DTD 9/30/22
and Joyce A. Hurst
Accessory Dwelling Unit (ADU)
BFR22-0299/SCP23-0010
73 481-210-018 12869 Perris Blvd.

Prose Moreno Valley Owner LLC
Rocas Grandes Apartments
420 Multi Family Units
PEN21-0181/SCP22-0127
80 486-280-058
Southwest
corner of Alessandro Blvd.
and Darwin Dr.

DC Rental Properties LLC
Accessory Dwelling Unit (ADU)
BFR23-0032/SCP23-0012
91 475-200-009 24268 Virginia Ln.

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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 submits a Landowner Petition unanimously approving annexation of the property into the District. Approval 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.

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 1-4) 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 maps (Attachments 5-8) and amended notice of special tax liens for the amendments. The Election Official confirmed the Property Owners unanimously approved the annexation of their property into the District (Attachments 9- 12).

ALTERNATIVES

1. Adopt the resolutions. Staff recommends this alternative since it will annex the properties 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 resolutions. Staff does not recommend this alternative because it is contrary to the request of the Property Owners, will not satisfy the condition of approval, and may delay development of the projects.

3. Do not adopt the resolutions but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this B.4
Packet Pg. 1210

alternative as it will delay the Property Owners 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. 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 within the affected tax rate area. The maximum special tax rates are detailed below.

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 adjustment 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 Owners on March 21, 2023 and April 25, 2023.

PREPARATION OF STAFF REPORT
Prepared by: Department Head Approval:

Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
SBM Holdings & Investments, Inc.
76 Gas Station and Convenience Store
PEN19-0205/SCP22-0118
71 Commercial $19.77/1,000 feet of
Building Square Footage
Hurst Joyce A Living Trust DTD 9/30/22 and
Joyce A. Hurst
Accessory Dwelling Unit (ADU)
BFR22-0299/SCP23-0010
73 Single Family $308.39/unit
Prose Moreno Valley Owner LLC
Rocas Grandes Apartments
420 Multi Family Units
PEN21-0181/SCP22-0127
80 Multi Family $308.39/unit
DC Rental Properties LLC
Accessory Dwelling Unit (ADU)
BFR23-0032/SCP23-0012
91 Single Family $308.39/unit
B.4
Packet Pg. 1211

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 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

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. 71

2. Resolution Ordering Annexation - Amendment No. 73

3. Resolution Ordering Annexation - Amendment No. 80

4. Resolution Ordering Annexation - Amendment No. 91

5. Boundary Map - Amendment No. 71

6. Boundary Map - Amendment No. 73
B.4
Packet Pg. 1212

7. Boundary Map - Amendment No. 80

8. Boundary Map - Amendment No. 91

9. Certificate of Election Official - Amendment No. 71

10.Certificate of Election Official - Amendment No. 73

11.Certificate of Election Official - Amendment No. 80

12.Certificate of Election Official - Amendment No. 91

APPROVALS
Budget Officer Approval ✓ Approved . 5/05/23 9:08 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/05/23 9:10 AM
B.4
Packet Pg. 1213
1 Resolution No. 2023-___
Date Adopted: May 16, 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 TERRITORY TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, 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, has 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 the boundary map (the “Boundary Map”) entitled “Amendment No. 71 to Boundaries of Community Facilities District No. 2021-01 (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.a
Packet Pg. 1214 Attachment: Resolution Ordering Annexation - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: May 16, 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. 1215 Attachment: Resolution Ordering Annexation - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 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. 1216 Attachment: Resolution Ordering Annexation - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: May 16, 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 16th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

SECRETARY
(SEAL)
B.4.a
Packet Pg. 1217 Attachment: Resolution Ordering Annexation - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT A
List of Annexation Parcels
Amendment Map No. Assessor's Parcel Numbers
71 479-120-027
479-120-029
479-120-042
479-120-043
B.4.a
Packet Pg. 1218 Attachment: Resolution Ordering Annexation - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT B
B.4.a
Packet Pg. 1219 Attachment: Resolution Ordering Annexation - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: May 16, 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 TERRITORY TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, 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, has 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 territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 73 to Boundaries of Community Facilities District No. 2021-01 (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.b
Packet Pg. 1220 Attachment: Resolution Ordering Annexation - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: May 16, 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 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.b
Packet Pg. 1221 Attachment: Resolution Ordering Annexation - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 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. 1222 Attachment: Resolution Ordering Annexation - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: May 16, 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 16th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

SECRETARY
(SEAL)
B.4.b
Packet Pg. 1223 Attachment: Resolution Ordering Annexation - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT A
Annexation Parcel
Amendment Map No. Assessor's Parcel Number
73 481-210-018
B.4.b
Packet Pg. 1224 Attachment: Resolution Ordering Annexation - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT B
B.4.b
Packet Pg. 1225 Attachment: Resolution Ordering Annexation - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: May 16, 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 TERRITORY TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, 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, has 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 territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 80 to Boundaries of Community Facilities District No. 2021-01 (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. 1226 Attachment: Resolution Ordering Annexation - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: May 16, 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 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. 1227 Attachment: Resolution Ordering Annexation - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 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. 1228 Attachment: Resolution Ordering Annexation - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: May 16, 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 16th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

SECRETARY
(SEAL)
B.4.c
Packet Pg. 1229 Attachment: Resolution Ordering Annexation - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT A
Annexation Parcel
Amendment Map No. Assessor's Parcel Number
80 486-280-058
B.4.c
Packet Pg. 1230 Attachment: Resolution Ordering Annexation - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT B
B.4.c
Packet Pg. 1231 Attachment: Resolution Ordering Annexation - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: May 16, 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 TERRITORY TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, 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, has 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 territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 91 to Boundaries of Community Facilities District No. 2021-01 (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. 1232 Attachment: Resolution Ordering Annexation - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: May 16, 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 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. 1233 Attachment: Resolution Ordering Annexation - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 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. 1234 Attachment: Resolution Ordering Annexation - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: May 16, 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 16th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

SECRETARY
(SEAL)
B.4.d
Packet Pg. 1235 Attachment: Resolution Ordering Annexation - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT A
Annexation Parcel
Amendment Map No. Assessor's Parcel Number
91 475-200-009
B.4.d
Packet Pg. 1236 Attachment: Resolution Ordering Annexation - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023

EXHIBIT B
B.4.d
Packet Pg. 1237 Attachment: Resolution Ordering Annexation - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PERRIS BLVD. ATWOOD AVE. DRACAEA AVE.
479-120-042
479-120-029
479-120-027
479-120-043
BENCLIFF AVE. AMENDMENT NO. 71 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PARKS MAINTENANCE) MORENO VALLEY COMMUNITY SERVICES DISTRICT CITY OF MORENO VALLEY COUNTY OF RIVERSIDE STATE OF CALIFORNIA © LEGEND NORTH B.4.e Packet Pg. 1238
Attachment: Boundary Map - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021-0)

SHIRAY RANCH RD
SHIREBOURN RD B.4.f
Packet Pg. 1239
Attachment: Boundary Map - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, B.4.g
Packet Pg. 1240
Attachment: Boundary Map - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS,

DAVIS ST HEACOCK ST
KITCHING ST VENETIAN DR B.4.h
Packet Pg. 1241
Attachment: Boundary Map - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, B.4.i
Packet Pg. 1242 Attachment: Certificate of Election Official - Amendment No. 71 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.j
Packet Pg. 1243 Attachment: Certificate of Election Official - Amendment No. 73 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.k
Packet Pg. 1244 Attachment: Certificate of Election Official - Amendment No. 80 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.l
Packet Pg. 1245 Attachment: Certificate of Election Official - Amendment No. 91 (6232 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS Report to City Council
ID#6057 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: May 16, 2023
TITLE: APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL

TAXES FOR CERTAIN COMMUNITY FACILITIES
DISTRICTS FOR FISCAL YEAR 2023/24 (RESO. NOS.

CSD 2023-__ AND CSD 2023-__)

RECOMMENDED ACTION
Recommendations:

1. Acting in its capacity as the Board of Directors for the CSD and as the legislative body of Community Facilities District No. 1, adopt Resolution No. CSD 2023-__, a Resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 1 Maximum and Applied Special Tax Rates for Fiscal Year 2023/24, and Calculation Thereof.

2. Acting in its capacity as the Board of Directors for the CSD and as the legislative body of Community Facilities District No. 2021-01, adopt Resolution No. CSD 2023-__, a Resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 2021-01 Maximum and Applied Special Tax Rates for Fiscal Year 2023/24, and Calculation Thereof.

3. Authorize the Chief Financial Officer to adjust the proposed special tax rates in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax does not exceed the maximum special tax and is in compliance with the Rate and Method of Apportionment of Special Tax for each district.

B.5
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