Agenda packet, regular meeting — Moreno Valley City Council, August 15, 2023 (part 3 of 3)

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

ALTERNATIVES

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

This alternative will provide for the timely design of the Sunnymead Master Drainage Plan Line F and Line F-7 project.

2. Do not approve and autho rize the recommended actions as presented in this staff report. This alternative will delay the design of the Sunnymead Master Drainage Plan Line F and Line F-7 project.

FISCAL IMPACT

This project is funded by the RCFC&WCD Master Drainage Fees (Fund 300 2) and Measure A funds (Fund 2001) as approved in Fiscal Years 2021/22 of the Capital Improvement Plan (CIP). Additionally, t he project received FEMA (Fund 2301) grant monies for preliminary design and anticipates receiving additional FEMA monies as supplemental funding for the construction. There is no impact to the General Fund.

AVAILABLE BUDGET:

FEMA HMGP Funds
(Account No. 2301-70-77-80004-720199) (Project No. 804 0008-2301-99) ......... $34,617 Measure A Funds
(Account No. 2001-70-77-80004-720199) (Project No. 804 0008-2001-99) ......... $13,895 RCFC&WCD/Sunnymead Master Drainage Plan Fees
(Account No. 3002-70-77-80004-720199) (Project No. 804 0008-3002-99)... $5,420,081 Total…………………………………………………………………………………. $5,468,593

ANTICIPATED ADDITIONAL BUDGET:

FEMA HMGP Funds………………………………………………………………...$2,520,000

ESTIMATED PROJECT COSTS:

Preliminary Design ............................................................................................ $140,000 Final Design, Environmental Clearance, Permitting .......................................... $604,000 Right of Way Acquisitions ............................................................................... $1,000,000 Construction* .................................................................................................. $5,768,593 Construction Geotechnical Services* ................................................................ $150,000 Construction Survey Services* .......................................................................... $150,000 Project Administration and Inspection ............................................................... $176,000 Total ............................................................................................................... $7,988,593 (* Cost is contingent upon additional FEMA HMGP funds $2,520,000) ANTICIPATED PROJECT SCHEDULE:

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Complete Final Design .................................................................................. Spring 2024 Complete Environmental Clearance, Right of Way, Permitting ........................ Fall 2024 Start Construction (contingent upon additional FEMA funds) .................... Summer 2025 Complete Construction (contingent upon additional FEMA funds) ............ Summer 2026

NOTIFICATION

Publication of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Josh Frohman, P.E. Melissa Walker
Senior Engineer Public Works Director / City Engineer

Concurred By:

Quang Nguyen, P.E.

Capital Projects Principal Engineer

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

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

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by 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

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

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1. Project Specific Agreement_3rd Amendment WSP

APPROVALS

Budget Officer Approval ✓ Approved . 8/04/23 2:24 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/07/23 12:59 PM A.20
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1 THIRD AMENDMENT TO PROJECT SPECIFIC AGREEMENT FOR ON-CALL

PROFESSIONAL CONSULTANT SERVICES FOR
SUNNYMEAD MDP LINE F AND LINE F-7
PROJECT NO. 804 0008

This Third Amendment to Agreement is made and entered into this _____ day of _____________ 2023 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and WSP USA Inc, a New York corporation, hereinafter referred to as "Consultant." RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled " PROJECT SPECIFIC AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES," hereinafter referred to as "Agreement," dated September 28, 2020.

Whereas, the Consultant is providing Professional Consultant Design Services for the Sunnymead MDP Line F and Line F-7, Project No. 804 0008.

Whereas, the Agreement was amended by the “First Amendment to Agreement for Professional Consultant Services” dated January 11, 2021.

Whereas, the Agreement was amended by the “ Second Amendment to Agreement for Professional Consultant Services” dated January 5, 2022.

Whereas, it is desirable to amend the Agreement to extend the Agreement termination date, modify the scope of the work, and modify the payment terms as is more particularly described in Section 1 of this Third Amendment.

Whereas, the Consultant has submitted a Proposal for additional services dated July 20, 2023, for the Sunnymead MDP Lines F and Line F-7 scope of work to be performed. A copy of the said Proposal is attached as Exhibit “A” and is incorporated herein by this reference.

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Attachment: Project Specific Agreement_3rd Amendment WSP [Revision 3] (6326 : APPROVE THE THIRD AMENDMENT TO THE AGREEMENT 2 THIRD AMENDMENT TO PROJECT SPECIFIC AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 804 0008
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement terminati on date is extende d from December 31, 2023, to December 31, 2024 , unless the termination date is fur ther extended by a n Amendment to the Agreement.

1.2 Exhibit “ B” to the Agreement is hereby amende d by modifying the scope of work section described in said “Exhibit A – Third Amendment.”

1.3 Exhibit “D” to the Agreement is her eby fur ther amended by addi ng the cost as included in “Exhibit A” of this Third Amendment.

1.4 The total “Not-t o-Exceed” fee for this contract is $60 3,970 ($ 30,230.00 for the Original A greement, $ 44,566.00 for th e First A mendment, $ 404,919.00 for the Second Amendment, plus $124,225.00 for the Third Amendment to Agreement).

SECTION 2

2.1 Except as o therwise specifically provided in this A mendment, all othe r terms and conditions of the Agreement shall remain in full force and effect.

SIGNATURE PAGE TO FOLLOW:

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Attachment: Project Specific Agreement_3rd Amendment WSP [Revision 3] (6326 : APPROVE THE THIRD AMENDMENT TO THE AGREEMENT

THIRD AMENDMENT TO PROJECT SPECIFIC AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 804 0008

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

City of Moreno Valley WSP USA Inc

BY: BY:

Mike Lee, City Manager

TITLE:
(President or Vice President)

Date
Date

BY:

TITLE:
(Corporate Secretary)

Date

Enclosures: Exhibit “A” – Consultant Proposal for Additional Services

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

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Attachment: Project Specific Agreement_3rd Amendment WSP [Revision 3] (6326 : APPROVE THE THIRD AMENDMENT TO THE AGREEMENT

WSP USA
Suite 350
862 East Hospitality Lane
San Bernardino, CA 92408
Tel.: +1 909 888-1106
Fax: +1 909 889-1884Suite 250
wsp.com
July 20, 2023
Josh Frohman, P.E., Senior Engineer
City of Moreno Valley, Public Works
14177 Frederick St.

Moreno Valley, CA 92553
SUBJECT: Sunnymead MDP SD Lines F and F-7, Project No. 804 0008 Request for Additional Services for Final Design, Environmental Clearance and Permitting
Dear Mr. Frohman:

Please accept this letter as a request for additional services the Sunnymead MDP Storm Drain Lines F and F-7 in the City of Moreno Valley, California. This request is necessary for the 100% completion of the design per our last meeting with RCFC&WCD, additional environmental coordination for the approval of the project’s CEQA documentation, and per a request from the City.

Scope of Work:

1. Additional effort related to CEQA, Technical Studies and assistance to the City for stakeholder coordination for Biological, Cultural (Tribal), and Jurisdictional Delineation  Additional coordination with the City for authorization of rights of entry for the private parcels associated with the project, including the parcels affected by the construction of the storm drain line and storm water retention basin, and the parcels to be used for construction staging. The property owners were previously identified, but the rights-of-entry from them were not acquired. The task to acquire these rights of entry was not included in previous scopes of work. Since this effort needed to be undertaken, we need to request budget for this effort.
 Additional offsite parcels to be environmentally cleared for use in construction staging. As a part of the WSP process, WSP needed to clear any potential offsite parcels that would be used for construction staging by the contractor. Clearing these offsite parcels is essential for the WSP process as this will be required and WSP would not want the environmental footprint to be expanded after the approval of the documents. WSP did not anticipate the need for the detailed refinement of the offsite staging areas to clear these parcels in the original proposal.  Oversight and coordination with the Environmental Subconsultants. WSP had various internal and external teams assisting us with the technical studies. These teams need additional engineering and construction activity exhibits from the engineering team to complete their technical studies. This additional effort was not originally anticipated.
 From our last meeting with the City’s environmental planners, it was identified that our subconsultant, ECORP, will need additional budget to complete the DBESP tasks that resulted from the determination of the environmental technical studies and identification of environmental impacts.

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Estimate of hours: 70
Labor: $13,315
Subconsultants: $22,945
Total: $36,260

2. Revise the storm drain plans per the 60% design review meeting with RCFC&WCD:
 Convert the project from NVGD29 to NAVD88 datum. This process still needs to be completed. The steps include:
o Get a vertical conversion between from the ‘29 datum to the ‘88 datum. o Change all of the reference files, including the topography, from the ’29 datum elevation to the ’88 datum elevation
o Update all of the design files to the new ’88 elevations. o Update the sheets with new elevation callout’s for the plan and profile views o Complete a full QC of the plans to ensure all of the elevation callouts have been updated to the ’88 datum.
 18 storm drain sheets and 9 street improvement sheets will need to be updated.Revise the storm water retention basin to be in accordance with RCFC&WCD standards o Revise the basin side slopes
o Revise the flow of the basin to remove the open low water channel  Remove the south basin from the project
 RCFC&WCD did not have these comments on the 30% review, and they were new for the 60%.
 Sheets to be revised include:
o SD-001
o SD-100
o SD-103
o SD-104
o SD-107
o SD-108
o SD-112
o SD-301
Estimate of hours: 158
Fee: $21,020

3. Compose the Legal Description and Plat Maps for the private property parcels for the construction for the storm drain improvements.
 The private property parcels include:
 APN 292-250-005, the apartment parcel. 3 total L&P’s required.  APN 292-250-013, parcel south of SR-60, east of the natural wash. 1 L&P.  APN 292-250-012, parcel south of SR-60, east of the natural wash. 1 L&P.  APN 292-250-020, Commercial parcel south of Sunnymead Blvd. 1 L&P  Six (6) legals and plats total
 WSP will obtain the owner’s notarized signatures. We anticipate four (4) owners that will need to be contacted for signatures.
 The City will be responsible for the acceptance certification and recording of the easement documents.

Estimate of hours: 94
Fee: $17,745

4. Hydrology and Hydraulics (H&H) Report (PE):

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 Revise the hydraulics design to account for the changes (per Task 2) in the basin  Revise the hydraulics for the removal of the south basin  Address the comments from RCFC&WCD to include:
o Update hydrology exhibits to a larger scale
o Provide verification of how flows confluence and split to different facilities at the upstream side of Sunnymead Blvd.
o Provide additional calculations and analysis of excluded tributary area downstream of SR60:
 Area east of Basin E, west of proposed improvements
 Basin D limits to be extended
o Assist the City and County with the Maintenance Agreement between said parties
o Revise the natural channel improvements to allow for District maintenance o Revise the north basin to conform to District O&M standards o Remove south basin from project
 RCFC had the opportunity to make these same comments at the 30% submittal but that the comments were all new at the 60%.

Estimate of hours: 180
Fee: $27,680

5. Additional Project Management, Meetings, Administration, and Quality Assurance/Quality Control for the above tasks.
 Management and coordination between the City, District, Engineering and Environmental Teams and Subconsultants.
 Additional meetings: up to 6 (anticipated)
 Administration of the project to include meeting agendas, minutes, project schedule updates, progress updates, and invoicing
 Perform QA/QC of all project deliverables
Estimate of hours: 84
Fee: $20,820
The estimate of effort is 586 labor hours for a total of $124,225 (including $700 for ODC’s).

Please review the request and let me know if you have any questions or require additional information. If the above looks acceptable, please process this request for a contract amendment.

WSP will look for a written NTP to begin these tasks and the contract amendment paperwork from the City for review and approval. Once the NTP is received, WSP will create new tasks in our system and begin the design effort. For any questions, please contact Chris Turnage, Project Manager, at (909) 386-2832.

Kind regards,
Steven Yoshizumi, PE
Senior Vice President I
for Ali H. Mir, ENV SP
Vice President
CC : Chris Turnage, PE
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Attachment: Project Specific Agreement_3rd Amendment WSP [Revision 3] (6326 : APPROVE THE THIRD AMENDMENT TO THE AGREEMENT

Report to City Council

ID#6324 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: August 15, 2023

TITLE: ACCEPTANCE OF RIVERSIDE COUNTY

TRANSPORTATION COMMISSION MEASURE A

REGIONAL ARTERIAL FUNDING AND APPROVAL OF

THE FOURTH AMENDMENT TO THE AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES WITH

MICHAEL BAKER INTERNATIONAL FOR THE INDIAN

STREET / CARDINAL AVENUE BRIDGE (OVER LATERAL
A), PROJECT NO. 802 0004

RECOMMENDED ACTION
Recommendations:

1. Accept and approve funding in the amo unt of $750,000.00 in Measure A Regional Arterial (MARA) funds from the Riverside County Transportation Commission (RCTC) for the Indian Street / Cardinal Avenue Bridge (Over Lateral A) Project;

2. Authorize the City Manager to execute RCTC Funding Agreement No. 23-72- 099-00, and any subsequent amendments, subject to the City Attorney review and approval;

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

4. Authorize the City Manager to execute the Fourth Am endment to Agreement for Professional Consultant Services with Michael Baker International for the Indian Street / Cardinal Avenue Bridge Project , subject to the approval by the City Attorney;

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5. Authorize an amendment to the existing Purchase Order wit h Michael Baker International in the amount of $745,248 for a new total purchase order not -to- exceed amount of $1,395,248 once the Fourth Amendment has been signed by all parties; and

6. Authorize the City Manager to execute any subsequent Amendments to the Agreement with Michael Baker International within City 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 acceptance of funding in the amount of $750,000.00 from the Riverside County Transportation Commission (RCTC) for the Indian Street / Cardinal Avenue Bridge (Over Lateral A) project and authorization to execute the funding agreement and any subsequent amendments with RCTC . This staff report also recommends approval of a Fourth Amendment to the agreement with Michael Baker International for Professional Consultant Services to complete the environmental and right of way documentation as well as final design for the project.

DISCUSSION

Indian Street is designated as a Minor Arterial Street in the City’s General Plan Circulation Element and intended to serve as a critical north -south corridor into and out of the City’s south industrial area, especially for emergency response. To complete this emergency response corridor, the construction of a new 4-lane bridge over the existing Perris Valley Storm Drain (PVSD) Lateral A channel is required. The proposed new bridge will close the existing gap on Indian Street north of the channel to south of the channel, providing pedestrian and vehicular continuity and enhance emergency response times.

The City selected Michael Baker International (MBI) through the request for p roposal and selection process and entered into an agreement with MBI in March 2018 for providing feasibility and alternative analysis services as part of Phase 1 Planning of the project. The First Amendment to MBI’s agreement was executed to extend the agreement termination date from December 31, 2020 to December 31, 2021. On October 5, 2021, the City Council approved the Second Amendment to MBI’s agreement for an additional $624,742 to perform environmental clearance studies, right of way documentation, and bridge and roadway design up to 35% completion utilizing the limited Developer Impact Fee (DIF) available for the project. Additionally, the Second Amendment was executed to extend the agreement termination date from December 31, 2021 to June 30, 2023. The Third Amendment to MBI’s agreement was executed to extend the agreement termination date to December 31, 2024.

In response to RC TC’s 2023 Regional Arterials Call for Projects, the City submitted an application seeking funding for completing the design of the project. On June 14, 2023, A.21
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the RCTC Commission approved the funding recommendation in the amount of $750,000 in MARA funds for completing the project’s final design. RCTC is requesting the City to execute the funding agreement between the two age ncies to make funding available for the City to move forward with the final design. Staff recommends acceptance of the MARA funds and authorization to execute the funding agreement with RCTC.

Staff also recommends approval of the Fourth Amendment to MBI’s agreement in the amount of $745,248 to provide design services for the Phase 2 Final Design of the project. The Consultant’s scope of services includes prepar ing construction plans and bid documents, preparing environmental and right of way documentation , and obtaining various construction permits for the project. Having the design completed and a “shovel-ready” project positions the City with the opportunity to compete for grant funding for the construction of the project.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. This alternative will provide for the timely completion of design of the Indian Street/Cardinal Avenue Bridge project.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the design of the Indian Street /Cardinal Avenue Bridge.

FISCAL IMPACT

The Indian Street / Cardinal Avenue Bridge project is included in the Fiscal Year 2023/24 and 2024/25 Capital Improvement Plan (CIP) with funding available for the design phase only. The City is currently funding the planning and portion of the design phase with Arterial Developer Impact Fee (DIF) funds. Staff is requesting authorization for making a budget adjustment and having the MARA funds in the amount of $750,000 allocated to Fund 2301 (Capital Projects Grants) as shown below to complete the design of the project. There is no impact to the General Fund.

Category Fund GL Account
No. Type Original
Budget
Proposed
Adjustments
Revised
Budget
CIP
Capital
Projects
Grants (2301)
2301-99-99-
92301-487010
Project No. 802
0004-2301-98
Rev $0 $750,000 $750,000
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CIP
Capital
Projects
Grants (2301)
2301-70-77-
80002-720199
Project No. 802
0004-2301-99
Exp $0 $750,000 $750,000

AVAILABLE BUDGET - FISCAL YEAR 2023/2024 AND 2024/2025:

Developer Impact Fee (DIF) Funding
(Account No. 3301-70-77-80002-720199) (Project No. 802 0004-3301-99).......$192,800 Capital Projects Grants Funding
(Account No. 2301-70-77-80002-720199) (Project No. 802 0004-2301-99).......$750,000 Total…................................................................................................................ $942,800

ESTIMATED DESIGN COSTS
Phase 2 Final Design ......................................................................................... $745,248 Environmental Documentation Review and Permit ............................................ $100,000 Project Administration .......................................................................................... $97,552 Total Estimated Costs……………………………………………………………… $942,800

ANTICIPATED PROJECT SCHEDULE:

Complete Environmental Documentation ............................................................ Fall 2024 Complete Final Design…………………. ...................................................... Summer 2025 Complete Environmental Documentation .................................................... Summer 2025

NOTIFICATION

Publication of the Agenda

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Josh Frohman, P.E. Melissa Walker
Senior Engineer Public Works Director / City Engineer

Concurred By:

Quang Nguyen, P.E.

Capital Projects Principal Engineer

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

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

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CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. 4th Amendment_Michael Baker International Inc., Project No. 802 0004

2. Moreno Valley RCTC Measure A Regional Arterial Agreement

APPROVALS

Budget Officer Approval ✓ Approved . 8/04/23 2:21 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/07/23 12:53 PM A.21
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1 FOURTH AMENDMENT TO AGREEMENT

FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
INDIAN STREET / CARDINAL AVENUE BRIDGE (OVER LATERAL A) – PHASE 2 DESIGN PROJECT NO. 802 0004

This Fourth Amendment to Agreement is made and entered into this _____ day of _____________ 2023 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and Michael Baker International, Inc., a Pennsylvania corporation, he reinafter referred to as "Consultant."
RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled "AGREEMENT for PROFESSIONAL CONSULTANT SERVICES," hereinafter referred to as "Agreement," dated March 22, 2018.

Whereas, the Consultant is providing consultant services for the Indian Street / Cardinal Avenue Bridge (Over Lateral A) project.

Whereas, the Agreement was amended by the “First Amendment to Agreement for Professional Consultant Services” dated December 15, 2020.

Whereas, the Agreement was amended by the “Second Amendment to Agreement for Professional Consultant Services” dated October 28, 2021.

Whereas, the Agreement was a mended by the “ Third Amendment to Agreement for Professional Consultant Services” dated March 2, 2023.

Whereas, it is desirable to amend the Agreement to extend the Agreement termination date, modify the scope of work, and modify the payment terms as is more particularly described in Section 1 of this Fourth Amendment.

Whereas, the Cons ultant has submitted a Proposal dated July 26, 2023, for the Indian Street / Cardinal Avenue Bridge (Over Lateral A) with s cope of work to be performed and A.21.a
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Attachment: 4th Amendment_Michael Baker International Inc., Project No. 802 0004 [Revision 1] (6324 : ACCEPTANCE OF RIVERSIDE COUNTY

FOURTH AMENDMENT TO AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 802 0004

2 associated fee for the services . A copy of the said Proposal is attached as Exhibit “A” and is incorporated herein by this reference.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date is extended from December 31 , 20 24 to December 31, 2025, unless the termination date is f urther extended by an Amendment to the Agreement.

1.2 Exhibit “B” to the Original Agreement is hereby amended by modifying the scope of work as included in Exhibit “A” of this Fourth Amendment.

1.3 Exhibit “D” to the Original Agreement is hereby amended by adding the cost as included in Exhibit “A” of this Fourth Amendment.

1.4 The total “Not to Exceed” fee for this contract is $1,395,248.00 ($25,258.00 for the original Agreement, $0 for the First Amendment, $624,742.00 for the Second Amendment, $0 for the Third Amendment, plus $745,248.00 for the Fourth Amendment to Agreement).

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all othe r terms and conditions of the Agreement shall remain in full force and effect.

SIGNATURE PAGE TO FOLLOW:

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Attachment: 4th Amendment_Michael Baker International Inc., Project No. 802 0004 [Revision 1] (6324 : ACCEPTANCE OF RIVERSIDE COUNTY

FOURTH AMENDMENT TO AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 802 0004

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

City of Moreno Valley Michael Baker International, Inc.

BY: BY:

Mike Lee, City Manager

TITLE:
(President or Vice President)

Date
Date

BY:

TITLE:
(Corporate Secretary)

Date

Attachment: Exhibit “A” – Consultant’s Proposal entitled “Indian Street / Cardinal Avenue Bridge (Over Lateral A) Project No. 802 0004 Phase 2 – Scope & Fee Proposal for Final Design”

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

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Attachment: 4th Amendment_Michael Baker International Inc., Project No. 802 0004 [Revision 1] (6324 : ACCEPTANCE OF RIVERSIDE COUNTY

5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
Office: 949-472-3505 | Fax: 949-472-8373 | mbakerintl.com

July 26, 2023
Josh Frohman, P.E.

City of Moreno Valley Public Works
14177 Fredrick Street
Moreno Valley, CA 92553

Subject: Indian Street / Cardinal Avenue Bridge (Over Lateral A) Project No. 802 0004 Phase 2 – Scope & Fee Proposal for Final Design

Dear Mr. Frohman,
Michael Baker International (Michael Baker) is pleased to present this proposal for the work requested by the City of Moreno Valley (City) to complete the Final Design Phase of the Indian Street Bridge over Perris Valley Channel (Lateral A) project.

Michael Baker is currently completing the environmental documents and the 30% design development for the Indian St Bridge Project. Final Design will be completed per the current design concept of utilizing a 4-lane concrete slab bridge supported on piers for the Indian St Bridge and additional channel improvements on existing channel cross section per the results of the hydraulic study dated September 19, 2022 to maintain the existing channel capacity. The scope and fee presented here are to continue the design work beyond the current 30% design development and complete the final design phase (Plans, Estimate & Specifications) for the project.

Following attachments are included in our proposal package:

• Exhibit 1 – Scope of Work
• Exhibit 2 – Fee Estimate

Should you have any questions, do not hesitate to contact me by phone at (949) 472-3422 or by email at [email protected]. Thank you for the opportunity to be of service to the City of Moreno Valley.

Sincerely,

Pooya Haddadi, S.E, P.E.

Bridge Department Manager
Michael Baker International

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Attachment: 4th Amendment_Michael Baker International Inc., Project No. 802 0004 [Revision 1] (6324 : ACCEPTANCE OF RIVERSIDE COUNTY

5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
Office: 949-472-3505 | Fax: 949-472-8373 | mbakerintl.com

EXHIBIT 1 – SCOPE OF WORK

The scope of work defined under this proposal is based upon the original scope of work for the full PS&E phase submitted to the City on September 30, 2022. The level of effort defined under this proposal will include the scope defined in the full PS&E proposal minus the current work being completed for the environmental documents and the 30% design development under Amendment No.

3. The following major scope items as listed below are expected to be completed under the final design phase for the Indian St Bridge project.

1.0 Project Management
Michael Baker is responsible for project oversight, quality assurance, quality control, maintaining the project schedule and conducting coordination meetings with the City and Riverside County Flood Control and Water Conservation District (RCFC&WCD).

2.0 Drainage, Hydrology and Hydraulic Report
The final design channel hydraulics will be based on the Indian Street Bridge (over Perris Valley Channel Lateral A) Hydraulics Analysis Report (Michael Baker, Sept 2022). The final hydraulics will include the details of the bridge and channel access ramps. Submittals of the channel improvement plans to the city and RCFC&WCD are assumed to be at 65% (plan, elevation, sections), 95% (draft final plans) and 100% submittals. Following deliverables are expected under this task:
• Channel Improvement plans
• Channel Access Road Details
• Catch Basin Plan/Profile sheets for inlets at the proposed low point along the east and west curbs of Indian Street

3.0 Survey and Topography Mapping
Additional topography survey beyond what’s covered in the current 30% design phase will be performed under this task. Additional topography survey is expected for the Northeast and Northwest properties at Prologis LP (APN 316-100-060) and Vacant Residential Land (APN 316-160-014).

4.0 Geotechnical Investigations
Consultant will perform geotechnical investigation including deep soil borings, laboratory testing of soil samples and will prepare a Foundation Report to provide the geotechnical design and construction recommendations for the Indian St bridge. Deliverables will include the Foundation Report and Geotechnical Borings.

5.0 Utility Coordination and Potholing
Consultant will perform utility coordination and potholing beyond the scope covered under the current 30% design phase. Consultant will make contact with utility agencies/owners having facilities within the project area to request record data pertaining to existing utilities. Consultant will identify and coordinate with the affected utility companies responsible for the relocated facilities.

6.0 Roadway Improvements
Consultant will prepare final design construction plans based upon the concept developed in the 30% Design phase. Final design construction plans will include Construction Notes and Estimate of

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Attachment: 4th Amendment_Michael Baker International Inc., Project No. 802 0004 [Revision 1] (6324 : ACCEPTANCE OF RIVERSIDE COUNTY

5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
Office: 949-472-3505 | Fax: 949-472-8373 | mbakerintl.com

Quantities, Construction Details, Key Map and Typical Sections, Roadway Plan and Profile, Grading, Street Improvement, Ramp, and Utility Plan and Roadway Signing and Striping Plan. Following deliverables are expected under this task:
• 65% Plans, Specifications, and Estimates
• 95% Plans, Specifications, and Estimates
• Final Plans, Specifications, and Estimates

7.0 Bridge Improvements
Consultant will prepare bridge plans based on a concrete slab bridge type spanning over Perris Valley Channel (Lateral A) and accommodating 4 lanes of traffic and sidewalks on Indian St. Consultant will provide design plans and calculations associated with substructure and superstructure design of the concrete bridge. Following deliverables are expected under this task:
• Bridge Design Calculations
• Bridge Plans for 65%, 95%, and Final
• Special Provisions
• Bridge Quantities and Engineers Cost Estimate
• Bridge Independent Design Check Calculations

8.0 Regulatory Permitting
Consultant will provide regulatory services for the processing of the applications through the U.S. Army Corps of Engineers (Corps), Regional Water Quality Control Board and California Department of Fish and Wildlife (CDFW). Following regulatory permitting services will be covered under this scope of work:
• Regulatory Permitting For Geotechnical Investigation
o Corps Section 404 Pre-Construction Notification
o Regional Board Section 401 Water Quality Certification Package o CDFW Section 1602 Lake Or Streambed Alteration Agreement • Regulatory Permitting – Indian Street Bridge And Channel Construction o Corps Section 404 Individual Permit Application
o Corps Section 404(B)(1) Alternatives Analysis
o Regional Board Section 401 Water Quality Certification Package o CDFW Section 1602 Lake Or Streambed Alteration Agreement

9.0 Right of Way Acquisition
Consultant will prepare legal descriptions and plat map exhibits for necessary permanent and temporary construction easements for up to five larger parcels based upon proposed design files. Following deliverables are expected under this task:
• Proposed Right of Way Requirements Maps.
• Up to ten Legal Descriptions Plat Map Exhibits signed by a California Registered Professional Land Surveyor.

Notes:

1. Construction support services are not included in the scope of work for Phase 2 and will be covered under a different phase for the project.

2. Exclusions listed in September 2022 Scope of Work are still applicable to the project.

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Attachment: 4th Amendment_Michael Baker International Inc., Project No. 802 0004 [Revision 1] (6324 : ACCEPTANCE OF RIVERSIDE COUNTY Exhibit 2
Indian Street / Cardinal Avenue Bridge (Over Lateral A) | Project No. 802 0004 Fee Worksheet for Final Design - July 26, 2023
Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee PHASE 2- PLANNING AND FINAL DESIGN

1.0a Project Meetings and Management 160 $50,400 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 160 $50,400

1.0b Project Schedule 8 $2,520 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 8 $2,520

2.0 Drainage / Hydrology and Hydraulic Report 593 $96,548 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 593 $96,548

3.0 Surveying and Topographic Mapping 25 $7,350 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 25 $7,350

4.0 Geotechnical Investigation 0 $0 372 $60,530 0 $0 0 $0 0 $0 0 $0 372 $60,530 372 $60,530

5.0 Utility Coordination and Potholing 40 $7,180 0 $0 86 $12,540 0 $0 0 $0 0 $0 86 $12,540 126 $19,720

6.0 Roadway Improvement Preparation 275 $49,300 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 275 $49,300

7.0 Bridge Improvement Design and Plan Preparation 1,639 $295,990 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 1,639 $295,990

7.1 Bridge 65% PS&E Design Submittal 953 $174,050 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 953 $174,050

7.2 Bridge 100% PS&E Design Submittal 686 $121,940 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 686 $121,940

8.0 Regulatory Permitting 505 $78,425 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 505 $78,425

8.1 Preparation of Regulatory Permit Applications 168 $24,820 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 168 $24,820

8.2 Section 404(b)(1) Alternatives Analysis 116 $17,840 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 116 $17,840

8.3 Regulatory Approval Processing 221 $35,765 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 221 $35,765

9.0 Right of Way Acquistion Documents 100 $22,950 0 $0 186 $31,765 0 $0 0 $0 0 $0 186 $31,765 286 $54,715 3,345 $610,663 372 $60,530 272 $44,305 0 $0 0 $0 0 $0 644 $104,835 3,989 $715,498 $1,500.00 $25,250 $3,000 $0 $0 $0 $28,250 0 $29,750
3,345 $612,163 372 $85,780 272 $47,305 0 $0 0 $0 0 $0 644 $133,085 3,989 $745,248

PROFESSIONAL LABOR AND SUBCONSULTANT FEE

OTHER DIRECT COSTS
TASK

TOTAL PROJECT FEE

MICHAEL BAKER
TEAM

TOTAL HOURS

AND FEE

SUBCONSULTANT
SUBTOTALTRANSLUTIONSTERRY A. HAYES

ASSOCIATES

COGSTONE

RESOURCE
MANAGEMENT, INC.

OVERLAND, PACIFIC
& CUTLER, INC.

EARTH MECHANICS,
INC.

SUBCONSULTANTS

MICHAEL BAKER

SUBTOTAL

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17336.02600\32593628.1

1 Agreement No. 23-72-099-00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF MORENO VALLEY

1. Parties and Date.

1.1 This Agreement is executed and entered into this day of , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and CITY OF MORENO VALLEY (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.

2. Recitals.

2.1 RCTC is a county transportation commission created and ex isting pursuant to California Public Utilities Code Sections 130053 and 130053.5.

2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one -half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

2.5 RCTC intends, by this Agree ment, to distribute Measure A Regional Arterial (“MARA”) F unds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for Indian Street/Cardinal Avenue Bridge (Over Lateral A) Project, (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:

1) PS&E – Plans, Specifications and Estimates

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2 The Work phase(s) funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to the RCTC (“t he Project ”). The Project is more fully described in Exhibit “B” attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Seven Hundred Fifty Thousand Dollars ($750,000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support and (2) costs incurred in the preparation of plans, specifications, and estimates by City or consultants.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”.

3.2.3 Increases in W ork Funding. The Funding Amount may, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC’s Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.

3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit “A” for the Work.

The City shall in form RCTC of any cost saving s and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC’s Executive Director and the City Manager shall be authorized to execute any such amendment.

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

3.3 City’s Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the Cit y shall provide such additional funds as may be required to complete the Work as described in Exhibit “A”.

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3 3.3.1 City’s Obligation to Repay MARA Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Partie s shall enter into good fait h n egotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.3.2 City’s Local Match Contribution. The City shall provide at least Six Hundred Fifty Thousand Dollars ($650,000) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: (i) development and approval of plans, specifications and engineer’s estimate (PS&E), environmental clearance, right of way acquisition, and obtaining all permits required by impacted agencies prior to commencement of the Work ; (ii) all aspects of bidding, awarding, and administration of the contracts for the Work; (iii) all construction management of any construction activities undertaken in con nection with the Work, including survey and material testing; and (iv) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of MARA Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates the Public Works Dire ctor / City Engineer, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agreement . Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

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4 the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.

3.8 Review of Services. The City shall a llow RCTC’s Represe ntative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.

3.9.1.2 Effect of Termination for Convenience . In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2.

3.9.2 Termination for Cause.

3.9.2.1 Notice. Either RCTC or the City 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.

3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination.

In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices a nd requesting additional inf ormation. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

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5 3.9.3 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.

3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work 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 City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, 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.

3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.

3.12 Indemnification.

3.12.1 City Responsibilities . In addition to the indemnification required un der Section 3.10, the City agrees to indemnify and hold harmless RCTC, 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 any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination o f any services provided to c omplete the Work.

RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.

3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described bel ow and satisfactory to the C ity and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.

3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or e quivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:

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6 3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13.1.2 Be primary with respect to any insurance or self ins urance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3.13.2 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.

3.13.3 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.

3.13.4 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.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City 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 resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attache d hereto.

3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible A.21.b
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7 Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.

3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discr etion of RCTC’s Rep resentative. Nothing in this Agreement shall be construed to require or allow completion of the Work 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.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.

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

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

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work 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, cance led checks, and other record s 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 three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit.

3.19 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 r ace, religion, color, national origin, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

3.21 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.

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8 3.22 Time of Essence. Time is of the ess ence for each and every prov ision o f this Agreement.

3.23 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.

3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the 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:

CITY OF MORENO VALLEY RCTC
14177 Frederick Street Riverside County Transportation Commission P.O. Box 88005 4080 Lemon St., 3rd Floor
Moreno Valley, CA 92552-0805 Mailing address: P.O. Box 12008 Riverside, CA 92501

ATTN: Public Works Director/City Engineer ATTN: Executive Director

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

3.25 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 performance of the Services.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.

3.27 Entire Agreement. This Agreement constitutes the entire agr eement between the Parties relating to th e subje ct matter hereof and supersedes any previous agreements or understandings.

3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

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9 3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contr actors. Any person or entities retain ed by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for al l reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.

3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

[Signatures on following page]
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Attachment: Moreno Valley RCTC Measure A Regional Arterial Agreement (6324 : ACCEPTANCE OF RIVERSIDE COUNTY TRANSPORTATION 17336.02600\32593628.1

10 SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY CITY OF MORENO VALLEY

TRANSPORTATION COMMISSION

By: By: ________________________ Anne Mayer, Executive Director Mike Lee, City Manager

ATTEST:

By: ________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: _________________________________ By: _________________________ Best, Best & Krieger Steve Quintanilla, Interim City Counsel to the Riverside County Attorney
Transportation Commission

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Exhibit A

EXHIBIT “A”

SCOPE OF WORK,

FUNDING AND TIMETABLE

SCOPE OF WORK: 100% Plans, Specifications, and Cost Estimate (PS&E) for: The Indian Street/Cardinal Avenue Bridge project will provide 150-foot long, 4-lane bridge spanning the Perris Valley Storm Channel Lateral A. Associated roadway improvements on Indian Street, including the addition of a combined sidewalk and bicycle crossing, will be included. The project will complete the connection of Indian Street over the channel, closing a gap in connectivity.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
PS&E $750,000 $650,000 $1,400,000

TOTAL $750,000 $650,000 $1,400,000

TIMETABLE:

PHASE START DATE END DATE COMMENTS
100% PS&E 01/2023 12/2024 475 Working Days
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Exhibit B

EXHIBIT “B”

PROJECT LOCATION MAP
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Exhibit C

EXHIBIT “C”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. RCTC recommends th at the City incorporate Exhibit “C-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

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

3. Each invoice shall include documentation from each cont ractor used by the City for the Work, 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 consultant for the m onth and for the entire Work to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.

4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” an d its attachments.

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

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

“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 consultants or contractors listed.

Signed ________________________________

Title __________________________________

Date __________________________________

Invoice No. ____________________________
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Exhibit C

7. RCTC will pay the City within 30 days after receipt by the Commission of an invo ice. If RCTC 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.

8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from eac h contract or or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.

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Exhibit “C-1”

EXHIBIT “C-1”

ELEMENTS OF COMPENSATION

For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant 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 City’s City Engineer (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Work 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 t o 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 Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER

The Multiplier to be applied to the Direct Salary Costs to determi ne 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 C osts. Payroll Additives include all employee benefits, allowan ces for vacat ion, sick leave, and holidays, and company portion of employee insur ance and social and retirement benefit s, 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.

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Exhibit “C-1”

1.1.2.3 Overhead Costs ____________________

The Decimal ratio of A llowable Overhead Costs to the Consultant Firm's Total Direct Salary C osts. Allowable Ov erhead 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 A Fixed Fee of _______________ shall be paid to Cons ultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determ ined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro-rata share of the F ixed 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 Co sts directly identifiable to the performance of the s ervices of th is 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 Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement.

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Exhibit “C-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 appli cable to both straight time and overti me work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in th is 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. Th ereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City 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 Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’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 Work, shall be listed separately. The charges for A.21.b
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Exhibit “C-1”

each individual assig ned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.

3.4 A charge of $500 or more for any one item of A dditional Direct Costs shall be accompanied by substantiating documentation satisfactory to City 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 Each invoice shall indicate payments to DBE subcon sultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant'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 worke d and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

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

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

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Attachment: Moreno Valley RCTC Measure A Regional Arterial Agreement (6324 : ACCEPTANCE OF RIVERSIDE COUNTY TRANSPORTATION 17336.02600\32593628.1

Exhibit “C-2”

EXHIBIT “C-2”
Sample Cover Letter to RCTC

Date

Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable

Re: Project Title - Invoice #__

Enclosed for your review and payment approval is the City of ________ _____’s invoice for professional and t echnical services that was rendered by our contractors in connection with the _______________ 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:

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Exhibit “C-3”

EXHIBIT “C-3”

Sample Letter from Contractor to City/County

Month/Date/Year

______________
______________
______________
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
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Exhibit C-4

EXHIBIT C-4
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

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Report to City Council

ID#6362 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: August 15, 2023

TITLE: APPROVE AGREEMENT WITH THE LAW OFFICES OF

QUINTANILLA & ASSOCIATES TO DISCHARGE THE

DUTIES OF CITY ATTORNEY AND DESIGNATE STEVEN
B. QUINTANILLA AS CITY ATTORNEY

RECOMMENDED ACTION
Recommendations:

1. Approve Agreement with the Law Offices of Quintanilla & Associates to discharge the duties of City Attorney and designate Steven B. Quintanilla as City Attorney.

SUMMARY

This report discusses the motion from Council, at the June 20, 2023 Council meeting, to amend the current “interim” agreement for legal services by removing the word “interim” and returning to Council for approval of the agreement for legal services.

DISCUSSION

The Assistant Cit y Manager was directed to return to Council with an agreement for legal services which removes the word “interim” from said agreement.

ALTERNATIVES

1. Approve and authorize the recommended action item 1 as presented in this report.

2. Provide alternat e direction as stated in the recommended action item 2 H.1
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presented in this report.

FISCAL IMPACT

There is no additional fiscal impact as there are no changes to the monetary value of said contract.

NOTIFICATION

Publication of Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Name: Brian Mohan Name: Brian Mohan
Title: Assistant City Manager/CFO/Treasurer Title: Assistant City Manager/CFO/Treasurer

CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental rela tionships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.

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

Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous mat erial incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library
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4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. 2020-100 Law Offices of Quintanilla & Associates - Red-Line

2. 2020-100 Law Offices of Quintanilla & Associates - Final

APPROVALS

Budget Officer Approval ✓ Approved . 8/04/23 1:38 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/07/23 12:55 PM H.1
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AGREEMENT FOR LEGAL SERVICES
This Agreement by and between the City of Moreno Valley, a municipal corporation, the Community Redevelopment Agency of the City of Moreno and/or the Moreno Valley Community Services District (hereafter referred to collectively as "City") and the Law Offices of Quintanilla & Associates ("Attorneys"), is made and becomes effective upon the date signed by the Mayor.

Section 1. Subject of the Agreement
The City desires to retain Attorneys to discharge the duties of Interim City Attorney. City may, at its sole discretion, employ other attorneys to perform the same type of legal services.

Section 2. Standard of Performance
Attorneys will perform all legal work referred to them in a professional manner pursuant to the standards of their profession and the rules and statutes governing their conduct.

A. Steven B. Quintanilla is designated as the Interim City Attorney for the City.

The parties understand and agree that Attorneys may, from time to time, utilize other attorneys within the firm to assist Mr. Quintanilla in the performance of this Agreement. Attorneys shall provide all services to the City of the kind and nature typically provided by an in-house City Attorney's office and as set forth in the Scope of Services attached as Exhibit A hereto.

B. Attorneys will furnish all office space, equipment, labor, materials, supplies, reference and background data and information necessary to accomplish the assigned tasks, except as otherwise provided in this Agreement.

C. Attorneys will provide monthly progress reports describing in detail what work has been completed to date and setting forth all necessary information to monitor the progress and effectiveness of the work.

D. Attorneys will keep City and/or its designated agent fully informed of all developments relevant to the status and value of all cases in which Attorneys represent City and will promptly communicate any settlement offers to City and/or its designated agent.

Agreement for Legal Services

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Section 3. Compensation
A. Legal services shall be compensated as follows:

Retainer $ 10,000 per month (60 hours at $167/hr)
Excess Attorney time: $ 200 per hour for senior attorneys/partners (Attorneys with at least 5 years' experience)
$ 175 per hour for junior attorneys
Paralegal: $ 125 per hour
Clerk: $ 100 per hour

Attorneys shall not be compensated for travel between the Attorneys' office and City Hall.

Attorneys will not bill the City for routine copying, telephone, mileage, facsimile, word processing or electronic research within the Attorneys' contract plan. Attorneys will bill the City, without any mark- up, actual expe nses for electronic legal research, parking, fling fees, transcripts, delivery charges, extraordinary copying and similar out -of-pocket expenses.

These items will be separately designated on Attorneys' monthly statements as "disbursements" and will be billed in addition to the fees for professional services. To obtain reimbursement, Attorneys will submit a summary of these expenses, along with supporting receipts, within 30 days of the expense being incurred.

B. Expert consultants and witnesses

Expert consultants and witnesses may be retained by Attorneys on terms acceptable to the City, approved in advance, in which case City shall reimburse Attorneys or pay consultants or experts directly.

C. Invoice

Attorneys agree to invoice the City monthly, within 10 days after the end of each calendar month. All charges must be itemized by Attorneys, showing in detail the work performed during the billing period, in line item format, so that each task is separately explained and has specific time recorded. A ttorneys shall not charge the City for more than one attorney's time in appearing at a meeting or in court or for performing any tasks unless the City has expressly authorized the use of more than one attorney for the appearance or task.

D. Tax information

Attorneys agree to attach a completed federal W- 9 form to this Agreement to facilitate tax reporting for payments under this Agreement.

E. Payment

Payment shall be made on or before the last day of each month for services rendered during the preceding month.

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Section 4. Conflict of Interest

Attorneys represent that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of City which may be affected by the services to be performed by the Attorneys under this Agreement. Attorneys further agree that they shall employ no person having any such interest. If Attorneys or their employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding conflicts of interest imposed on attorneys by the Business and Professions Code and by Rule 3 -310 of the California Rules of Professional Conduct, Attorneys represent that no attorney shall represent clients before any board, commission, committee or agency of the City or represent a client adverse to the City for a period of one year from the date of termination of this Agreement.

Section 5. Indemnification and Hold Harmless

Attorneys agree to defend and indemnify City for any claims or lawsuits against City which are based on contentions that negligence or misconduct by Attorneys proximately caused damage to the claimant or plaintiff.

City will defend and indemnify Attorneys for any claims or lawsuits against Attorneys which are based on contentions that negligence or misconduct by the City, and/or City's employees or agents, proximately caused damage to the claimant or plaintiff. City will also defend and indemnify Attorneys for claims and lawsuits which were expressly directed by the City, and/or City's employees or agents, contrary to Attorneys' professional advice.

No official or employee of City shall be personally liable for any default or liability under this Agreement.

Section 6. Nondiscrimination

In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, age, sex, national origin, sexual orientation or medical condition. Attorneys shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, age, sex, national origin, sexual orientation or m edical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training.

Section 7. Insurance

A. General Liability Insurance: During the entire term of this Agreement, Attorneys agree to procure and maintain general liability insurance at their 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 whomsoever, resulting directly or indirectly from any act or activities of the

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Attorneys or any person acting for the Attorneys or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any persons caused directly or indirectly by or from acts or activities of Attorneys or any person acting for Attorneys or under its control or direction. Such liability and property damage insurance shall also provide for and protect the City against incurring any legal cost in defending claims for alleged loss. Such liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the minimum limits provided below:

B. Automobile Liability: Attorneys shall procure and maintain, at their sole expense, and throughout the term of this Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non -owned automotive equipment operated on City premises. Such coverage limits shall not be less than $500,000 combined single limit.

C. Professional Liability Insurance: During the entire term of this Agreement, Attorneys shall procure and maintain, at their sole expense, professional liability insurance to protect the City, the Moreno Valley Community Services District, and the Community Redevelopment Agency of the City of Moreno Valley against liability arising from errors or omissions committed in the performance of their work with coverage limits of not less than $2,000,000 per occurrence.

D. Workers' Compensation Insurance: Attorneys shall procure and maintain, at their sole expense, workers' compensation insurance in such amounts as will fully comply with the laws of the state of California.

E. Primary Coverage and Insurance Company Ratings: The coverages provided pursuant to this Agreement shall be primary insurance and not contributory with any other insurance. Insurance companies providing insurance hereunder shall be rated (A-: VII - Admitted) or better in the Best's Insurance Rating Guide.

F. Notice to City, Insurance Coverage Change: A certificate of insurance or an appropriate insurance binder evidencing each of the above referenced insurance coverage shall be submitted prior to the execution of this Agreement. Such evidence of insurance shall be sent to the attention of the requesting department and shall reference a project number, where appropriate.

Solely as respect to work done by or on behalf of the named insured for the City, it is agreed that the City of Moreno Valley, the Moreno Valley Community Services District, and Community Redevelopment Agency of the City of Moreno Valley are added as additional insureds under the general liability policy. A policy endorsement or an appropriate insurance binder evidencing the required general liability insurance must accompany the certificate of insurance. The endorsement shall be signed by a person authorized by that insurer to bind coverage on its behalf.

The terms of the insurance policies or policies issued to provide the above insurance coverage may not be amende d or canceled by the carrier, without thirty (30) days prior written notice by certified or registered mail or amendment or cancellation to H.1.a
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the City, except that cancellation for nonpayment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event that the said insurance is canceled, Attorneys shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established.

Section 8. Independent Contractor

Attorneys, and anyone employed by Attorneys, are not and shall not be deemed to be employees of the City. Attorneys are solely responsible for the payment of employment taxes, workers' compensation and any similar taxes for any employees of Attorneys.

Section 9. Files

All legal files of Attorneys pertaining to the City shall be and remain the property of the City.

Attorneys will control the physical location of such legal files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

Section 10. Notices

Any notices under this Agreement by either party to the other may be given by either personal delivery m writing or by mail. Notices must be delivered or mailed to the following:

If to Attorneys: Law Offices of Quintanilla & Associates P.O. Box 176
Rancho Mirage, CA 92270

If to City: Mayor
City of Moreno Valley
P.O. Box 88005
Moreno Valley, CA 92552-0805

Section 11. Entire Agreement of the Parties

This Agreement represents the parties' final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

Section 12. Nonassignment

Neither this Agreement nor any portion shall be assigned by Attorneys without the prior written consent of City.

Section 13. City Agent

Dr. Yxstian Gutierrez, The Mayor, for the purpose of this Agreement, is the agent for the City. Whenever approval or authorization is required, Attorneys understand that the Mayor has the authority to provide that approval or authorization.

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Section 14. Term of Agreement

The term of this Agreement shall be from the date signed by the Mayor until the City has selected and entered into an agreement with a permanent City Attorney. It is understood by and between the parties that City may also hire Attorneys or other legal counsel for other matters subsequent to the execution of this Agreement. Therefore, this Agreement shall remain in full force and effect unless and until this Agreement is terminated as provided for herein, or until a replacement agreement is executed by the parties. New matters subsequent to the execution of this Agreement shall be accomplished by a unilateral letter assignment by the City. Attorneys shall undertake the subsequent assignment of a new matter upon the same terms and conditions set forth herein.

Section 15. Termination

This Agreement may be terminated by City with or without cause upon thirty (30) days written notice to Attorneys. City shall be responsible for payment of all services rendered and costs incurred by Attorneys prior to the termination date. Attorneys may terminate this Agreement with or without cause upon ninety (90) days written notice to City and only if City will suffer no actual or perceived harm or prejudice in any pending matter by Attorneys' termination. In either event, Attorneys agree to cooperate fully in the transition, including the transfer of files. Upon Attorneys' termination of this Agreement, Attorneys, upon the request of the City, will continue to represent City on any specified matters pending at that time of the termination until completion or reassignment to new Attorneys, whichever occurs first. The rates and terms of compensation shall continue to be the same as set forth above.

Section 16. Resolution of Fee Disputes

The City is entitled to require that any fee dispute be resolved by binding arbitration in Riverside pursuant to the arbitration rules of the Riverside County Bar Association for legal fee disputes. In the event that the City chooses not to utilize the Riverside County Bar Association's arbitration procedures, the City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Riverside to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Section 17. Modification

This Agreement may not be modified or replaced except by another signed written agreement.

Section 18. Partial Invalidity

Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

Section 19. No Waiver

The waiver of any breach of any provisions of this Agreement does not waive any other breach of that term or any other term in this Agreement.

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Section 20. Attorneys' Fees

If a party brings any action, including an action for declaratory relief to enforce or interpret the provisions of this Agreement, the prevailing party is entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Section 21. Governing Law

This Agreement shall be construed - and its performance enforced - under California law.

Section 22. Survival

All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and Attorneys survive the termination of this Agreement.

IN WITNESS THEREOF, the parties have executed this Agreement on the day and date signed by the Mayor.

Dated: Firm:

By:
(Name)

Dated: CITY OF MORENO VALLEY,
A Municipal Corporation

By:
(Mayor)

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Exhibit A

SCOPE OF SERVICES
► Provide clear and concise legal advice and consultation on a daily basis as requested or required to members of the City Council, the City Manager and City staff.

Contacts are usually made via telephone and email, and a prompt response is expected.
► Attend City Council meetings and be prepared to advise Council on matters on the agenda as well as procedural and substantive issues that arise during the meeting.

Attendance at Planning Commission or other Council subcommittee meetings may be requested from time to time.
► Provide guidance concerning requirements of the Brown Act, Conflict of lnterest (AB1234), the Political Reform Act, the Public Records Act, due process and other legal requirements imposed by statute and common law.
► Prepare, review and revise staff documents, including, but not limited to, initiation of memoranda concerning legal issues, contracts, agreements, ordinances, resolutions, land use decisions on appeal, and staff reports. Clear, concise, well-organized writing in plain English is a pre-requisite.
► Represent and/or advise the City in litigation not covered by the City's self-insured risk pools (which provide coverage for tort claims and worker's compensation claims).
► Represent the City in inter-agency projects and other legal matters. ► Oversee coordination with special legal counsel on all City litigation including oversight of the City's risk management program and general liability claims. ► Provide legal advice and assistance to operating departments. ► Provide oversight and direction for the City Attorney's Office operations. ► May serve as legal counsel to the Moreno Valley Community Services District, the Moreno Valley Housing Authority and the Moreno Valley Electric Utility.

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Section 1. Subject of the Agreement
The City desires to retain Attorneys to discharge the duties of City Attorney. City may, at its sole discretion, employ other attorneys to perform the same type of legal services.

A. Steven B. Quintanilla is designated as the City Attorney for the City. The parties understand and agree that Attorneys may, from time to t ime, utilize other attorneys within the firm to assist Mr. Quintanilla in the performance of this Agreement. Attorneys shall provide all services to the City of the kind and nature typically provided by an in-house City Attorney's office and as set forth in the Scope of Services attached as Exhibit A hereto.

Agreement for Legal Services

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Section 3. Compensation
A. Legal services shall be compensated as follows:

Attorneys shall not be compensated for travel between the Attorneys' office and City Hall.

Attorneys will not bill the City for routine copying, telephone, mileage, facsimile, word processing or electronic research within the Attorneys' contract plan. Attorneys will bill the City, without any mark- up, actual expenses for electronic legal r esearch, parking, fling fees, transcripts, delivery charges, extraordinary copying and similar out -of-pocket expenses.

B. Expert consultants and witnesses

C. Invoice

Attorneys agree to invoice the City monthly, within 10 days after the end of each calendar month. All charges must be itemized by Attorneys, showing in detail the work performed during the billing period, in line item format, so that each task is separately explained and has specific time recorded. Attorneys shall not charge the City for more than one attorney's time in appearing at a meeting or in court or for performing any tasks unless the City has expressly authorized the use of more than one attorney for the appearance or task.

D. Tax information

Attorneys agree to attach a completed federal W- 9 form to this Agreement to facilitate tax reporting for payments under this Agreement.

E. Payment

Payment shall be made on or before the last day of each month for services rendered during the preceding month.

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Section 4. Conflict of Interest

Section 5. Indemnification and Hold Harmless

No official or employee of City shall be personally liable for any default or liability under this Agreement.

Section 6. Nondiscrimination

In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, age, sex, national origin, sexual orientation or medical condition. Attorneys shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, age, sex, national origin, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training.

Section 7. Insurance

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The terms of the insurance policies or policies issued to provide the above insurance coverage may not be amended or canceled by the carrier, without thirty (30) days prior written notice by certified or registered mail or amendment or cancellation to H.1.b
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the City, except that can cellation for nonpayment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event that the said insurance is canceled, Attorneys shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established.

Section 8. Independent Contractor

Section 9. Files

All legal files of Attorneys pertaining to the City shall be and remain the property of the City.

Attorneys will control the physical location of such legal files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

Section 10. Notices

Any notices under this Agreement by either party to the other may be given by either personal delivery m writing or by mail. Notices must be delivered or mailed to the following:

If to Attorneys: Law Offices of Quintanilla & Associates P.O. Box 176
Rancho Mirage, CA 92270

If to City: Mayor
City of Moreno Valley
P.O. Box 88005
Moreno Valley, CA 92552-0805

Section 11. Entire Agreement of the Parties

This Agreement represents the parties' final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

Section 12. Nonassignment

Neither this Agreement nor any portion shall be assigned by Attorneys without the prior written consent of City.

Section 13. City Agent

The Mayor, for the purpose of this Agreement, is the agent for the City. Whenever approval or authorization is required, Attorneys understand that the Mayor has the authority to provide that approval or authorization.

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Section 14. Term of Agreement

Section 15. Termination

This Agreement may be terminated by City with or without cause upon thirty (30) days written notice to Attorneys. City shall be responsible for payment of all services rendered and costs incurred by Attorneys prior to the termination date. Attorneys may terminate this Agreement with or without cause upon ninety (90) days written notice to City and only if City will suffer no actual or perceived harm or prejudice in any pending matter by Attorneys' termination. In either event, Attorneys agree to cooperate fully in the transition, including the transfer of files. Upon Attorneys' termination of this Agreement, Attorneys, upon the request of the City, will continue to represent City on a ny specified matters pending at that time of the termination until completion or reassignment to new Attorneys, whichever occurs first. The rates and terms of compensation shall continue to be the same as set forth above.

Section 16. Resolution of Fee Disputes

Section 17. Modification

This Agreement may not be modified or replaced except by another signed written agreement.

Section 18. Partial Invalidity

Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

Section 19. No Waiver

The waiver of any breach of any provisions of this Agreement does not waive any other breach of that term or any other term in this Agreement.

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Section 20. Attorneys' Fees

Section 21. Governing Law

This Agreement shall be construed - and its performance enforced - under California law.

Section 22. Survival

IN WITNESS THEREOF, the parties have executed this Agreement on the day and date signed by the Mayor.

Dated: Firm:

By:
(Name)

Dated: CITY OF MORENO VALLEY,
A Municipal Corporation

By:
(Mayor)

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Exhibit A

SCOPE OF SERVICES
► Provide clear and concise legal advice and consultation on a daily basis as requested or required to members of the City Council, the City Manager and City staff.

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Moreno Valley City CouncilAugust 15, 2023

Moreno Valley City Council
August 15, 2023