Agenda packet, regular meeting — Moreno Valley City Council, October 3, 2023 (part 1 of 2)

AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

October 3, 2023

REGULAR MEETING – 6:00 PM
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City Council Study Sessions
Second Tuesday of each month – 6:00 p.m.

City Council Meetings
Special Presentations – 5:30 P.M.

First & Third Tuesday of each month – 6:00 p.m.

City Council Closed Sessions
Will be scheduled as needed at 4:30 p.m.

City Hall Council Chamber – 14177 Frederick Street

Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabilities Act of 1990. Any person with a disability who r equires a modification or accommodation in order to participate in a meeting should direct such request to the ADA Coordinator, at 951.413.3 350 at least 72 hours before the meeting. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Ulises Cabrera, Mayor

Edward A. Delgado, Mayor Pro Tem David Marquez, Council Member

Cheylynda Barnard, Council Member Elena Baca-Santa Cruz, Council Member ..

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AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY
October 3, 2023

CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. NATIONAL FIRE PREVENTION WEEK OCTOBER 8-14, 2023

2. PROCLAMATION RECOGNIZING HISPANIC HERITAGE MONTH
.
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.AGENDA

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

AND THE BOARD OF LIBRARY TRUSTEES

*THE CITY COUNCIL RECEIVES A SEPARATE STIPEND FOR CSD
MEETINGS*

REGULAR MEETING – 6:00 PM
OCTOBER 3, 2023

CALL TO ORDER

Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Author ity and the Board of Library Trustees - actions taken at the Joint Meeting are those of the Agency indicated on each Agenda item.

PLEDGE OF ALLEGIANCE

INVOCATION - PASTOR ISRAEL CARLOS OF APOSTOLIC ASSEMBLY

ROLL CALL

INTRODUCTIONS

PUBLIC COMMENTS ON ANY S UBJECT NOT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

PUBLIC COMMENTS ON ANY SUBJECT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Boa rd of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion w ill be heard after public hearing items.

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A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 19, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

A.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 19, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

A.4. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2014 -01 (MAINTENANCE SERVICES) - AMENDMENT NOS. 79 and 81 (RESO NO. 2023 -__ and RESO NO. 2023-__) (Report of: Financial & Management Services) Recommendation:

1. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to Cit y of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 79) (D.R. Horton Los Angeles Holding Company, Inc. , located on the southwest corner of Alessandro Blvd. and Oliver St.).

2. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 81) (D.R. Horton Los Angeles Holding Co mpany, Inc., located o n the northeast corner of Oliver St. and Brodiaea Ave.).

A.5. APPROVAL OF SECOND AMEND TO AGREEMENT WITH MORENO
VALLEY MALL HOLDING, LLC. FOR LIBRARY SPACE LEASE AT THE MORENO VALLEY MALL (Report of: Parks & Community Services) -5-
Recommendations: That the City Council and CSD:

1. Approve second ame ndment with Moreno Valley Mall Holding, LLC. (2250 Town Circle Holdings, LLC) for Library Space lease of space #2078 at the Moreno Valley Mall.

2. Authorize Executive Director/City Manager to execute the Second Amendment in the amount of $137,490.80 and requ est required Purchase Order(s) in FY 23/24-24/25.

3. Authorize the City Manager to execute any subsequent Amendments to the Agreement within Council approved annual budgeted amounts, including the authority to author ize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.

A.6. PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT IMPACT FEE (DIF) IMPROVEMENT CREDIT AGREEMENT #D23 -003 FOR

SKYLAR/WINDSONG RES IDENTIAL DEVELOPMENT LOCATED AT THE

NORTHEAST CORNER OF ALESSANDRO BOULEVARD AND LASSELLE
STREET. DEVELOPER: D.R. HORTON, LOS ANGELES HOLDING
COMPANY, INC. (Report of: Public Works)
Recommendations:

1. Accept and approve the Development Impact Fees Improve ment Credit Agreement #D23 -003 (DIF Agreem ent) for PEN21 -0136 improvements; and

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

A.7. AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL

CONSULTANT SERVICES TO IMS INFRASTRUCTURE MANAGEMENT
SERVICES FOR THE 2024 PAVEMENT MANAGEMENT SYSTEM

UPDATES AND ROADWAY ASSET DATA COLLECTION SERVICES,
PROJECT NO. 801 0083 (Report of: Public Works)
Recommendations:

1. Award a Professional Consultant Services Agreement to IMS Infrastructure Management Services, LP to provide updates to the Pavement Management Sy stem and perform Roadway Asset Data Collection Services;

2. Authorize the City Manager to execute the Professional Consultant Services Agreement with IMS Infrastructure Management Services, LP, in the amoun t of $574,683, funded by the State Gasoline Tax (Fund 2000);
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3. Authorize the issuance of a Purchase Order to IMS Infrastructure Management Services, LP in the amount of $ 574,683 when the agreement has been signed by all parties; and

4. Authorize the City Mana ger to execute any subsequent Amendments to the Agre ement with IMS Infrastructure Management Services, LP within Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of t he Agreement, subject to the approval of the City Attorney.

A.8. SECOND READING - MUNICIPAL CODE AMENDMENTS TO MODIFY PROVISIONS IN TITLE 8, SECTION 8.21.020 – PERMITS REQUIRED AND SECTION 8.21.160 – EROSION CONTROL (Report of: Public Works) Recommendation:

1. Conduct second reading by title only and Adopt Ordinance No. 1001.

An Ordinance of the City Council of the City of Moreno Valley, California, thereby amending the City of Moreno Valley Municipal Code Sections 8.21.020 and 8.21.160 related to permits required and erosion control.

A.9. PEN18-0080 (T R 37462) - APPROVE TRACT MAP 37462 LOCATED ON

THE NORTH SIDE OF BRADSHAW CIRCLE EAST OF MORENO BEACH
DRIVE. OWNER: HAKAN BUVAN (Report of: Public Works)
Recommendations:

1. Approve Tract Map 37462; and

2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 19, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.
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B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 19, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

B.4. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021 -01 (PARKS
MAINTENANCE) - AMENDMENT NOS. 60, 79, 104, 106, 109, and 114 -116 (RESO. NOS. CSD 2023 -___ to CSD 2023 -__) (Report of: Financial & Management Services)
Recommendation:

1. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Servi ces District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 60) (SPSSM INV VI, located at 12054 Graham St.).

2. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City o f Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 79) (D.R. Horton Los Angeles Holding Com pany, Inc., located on the southwest corner of Alessandro Blvd. and Oliver St.).

3. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 104) (Chau Van Nguyen, located at 24168 Mt. Russell).

4. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the C ity of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 106) (D.R. Horton Los Angeles Holdi ng Company, Inc., located on the northeast corner of Oliver St. and Brodiaea Ave.).

5. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno -8-
Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 109) (Emerita Bidgood Cruz an d Christian Roman Hassar d Gastelum, located at 10953 Mendoza Rd.).

6. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 114) (Daniel and Verenice Vences, located at 25404 Sand Creek Trl.).

7. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services Di strict of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving t he amended map for said District (Amendment No. 115) (Arturo Bravo Jr. and Antonio Rangel, and Mayra Isabel Esparza Soria located at 22890 Scotia Ln.).

8. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services Di strict of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 116) (Jessida Annette Macias, located at 14701 Unity Ct.).

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 19, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 19, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.
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D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALEND AR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 19, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 19, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 19, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 19, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

F. PUBLIC HEARINGS
Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

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Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.

F.1. ACCEPT THE U.S. DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT (HUD) HOME AMERICAN RESCUE PLAN (HOME -ARP) REVISED PROPOSED ALLOCATION PLAN (Report of: City Manager) Recommendations:

1. Adopt Resolution No. 2023 -XX to accept the U.S. Department of Housing and Urban Development (HUD) HOME American Rescue Plan (HOME-ARP) funds and revised allocation plan, and

2. Designate the City Manager, City Atto rney and Chief Financial Officer as authorized signatory to execute HOME -ARP documents on behalf of the City of Moreno Valley as outlined on the revised allocation plan.

F.2. PUBLIC HEARING, SECOND READING, AND ADOPTION OF COUNTY ORDINANCES NUMBERS 523 A ND 640 REGARDING CONTROL OF

VECTORS AND ESTABLISHING ENVIRONMENTAL HEALTH SERVICES FEES A ND PENALTIES (ORD. NO. 1000) (Report of: Community Development)
Recommendations: That the City Council:

1. CONDUCT a Public Hearing to receive public input on the propos ed Ordinance adopting Riverside County Ordinances numbers 523 and 640 regarding control of vectors and establishing environmental health services fees and penalties.

2. CONDUCT a second reading by title only and adopt Ordinance No. 1000, amending Title 6 of the City of Moreno Valley Municipal Code , adding Chapter 6.16, adopting by reference Riverside County Ordinance No. 523; and amending Title 3 of the City of Moreno Valley Municipal Code, adding Chapter 3.52, adopting by reference Riverside County Ordinance No. 640.

G. ITEMS REMOVED FROM CONSE NT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION

H. GENERAL BUSINESS
H.1. ORDINANCE ADDING CHAPTER 2.66 “ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS,” RELATING TO ELECTRONIC

FILING OF FAIR POLITICAL PRACTICES C OMMISSION STATEMENTS (Report of: City Clerk)
Recommendation:

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1. That the city council cond uct a first reading and introduce Ordinance No. XXX entitled: an Ordinance of the City Council of the City of Moreno Valley, California, adding Chapter 2.66 to the Moreno Valley Municipal Code regarding electronic filing of campaign finance disclosure statements.

H.2. DISCUSSION TO EXPLORE OPTIONS ON THE CREATION OF THE THIRD SATELLITE LIBRARY (Report of: City Manager)
Recommendations:

1. Authorize the Assistant City Manager/CFO/Treasurer to locate a suitable third satellit e library site, negotiate and execute a lease agreement including any tenant improvements that may be needed to the suitable site before occupancy, revise the current contract with Library Systems & Services (our current library pr ogram consultant) to include the programing for the new satellite library, and any other items deemed necessary to get the new satellite library operational; or

2. Provide alternate direction to the Assistant City Manager.

I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action) March Joint Powers Commission (JPC)
Riverside County Habitat Conservation Agency (RCHCA)
Riverside County Transportation Commission (RCTC)
Riverside Transit Agency (RTA)
Western Riverside Council of Governments (WRCOG)
Western Riverside County Regional Conservation Authority (RCA) School District/City Joint Task Force
I.2. EMPLOYEE ASSOCIATION REPORTS
I.3. CITY MANAGER'S REPORT
(Informational Oral Presentation - not for Council action)

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY -12-

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

ADJOURNMENT

PUBLIC INSPECTION
The contents o f the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open sessi on agenda item that is kn own by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
..

CERTIFICATION
I, Jane Halstead , City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regul ar Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public places pursuant to City of Moreno Valley Resolution No. 2007-40:

City Hall, City of Moreno Valley
14177 Frederick Street

Moreno Valley Library
25480 Alessandro Boulevard

Moreno Valley Senior/Community Center
25075 Fir Avenue

Jane Halstead, CMC
City Clerk

Date Posted: 9/28/23

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MINUTES

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

MORENO VALLEY HOUSING AUTHORITY

CLOSED SESSION – 5:00 PM
September 19, 2023

CALL TO ORDER

The Closed Session of the City Council of the City of Moreno Valley, Moreno Valley Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of M oreno Valley, Housing Authority, and the Moreno Valley Public Financing Authority was called to order at 5:05 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street, Moreno Valley, California.

Mayor Pro Tem Delgado announced that the City Council receives a separate stipend for CSD meetings.

ROLL CALL

Council: Ulises Cabrera Mayor
Ed Delgado Mayor Pro Tem
Elena Baca-Santa Cruz Council Member
David Marquez Council Member
Cheylynda Barnard Council Member

*Mayor Cabrera participated in the meeting via teleconference fr om the Doubletree by Hilton Sacramento located at 2 001 Point West Way, Sacramento, CA 95815 in the Feather River Conference Room

PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY

Mayor Pro Tem Delgado opened the public comments portion of the meeting for items listed on the agenda only. There being no members of the public to come forward to speak, he closed the public comments.

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Minutes Acceptance: Minutes of Sep 19, 2023 5:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-

CLOSED SESSION

City Attorney Quintanilla announced t hat the City Counc il would recess to Closed Session to discuss the item as listed on the agenda and that he did anticipate reportable action.

A CONFERENCE WITH LEGAL COUNSEL POTENTIAL EXPOSURE OF

LITIGATION
Pursuant to Government Code Section 54956 (1 Potential Case)

Mayor Pro Tem Delgado recessed the City Council to the City Manager's Conference Room, second floor, City Hall, for their Closed Session at 5:07 p.m.

Mayor Pro Tem Delgado reconvened the City Council in the Council Chamber from their Closed Session at 5:44 p.m.

REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY City Attorney Quintanilla announced that there was no reportable action taken in Closed Session.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Pro Tem Delgado adjourned the meeting at 5:45 p.m.

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Minutes Acceptance: Minutes of Sep 19, 2023 5:00 PM (CONSENT CALENDAR-CITY COUNCIL) -3-
Submitted by:

___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority

Approved by:

___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Minutes Acceptance: Minutes of Sep 19, 2023 5:00 PM (CONSENT CALENDAR-CITY COUNCIL)

MINUTES

CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY September 19, 2023

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CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. CERTIFICATES OF RECOGNITION - DEPUTIES AND CLASSIFIED EMPLOYEES OF 1ST AND 2ND QUARTER

2. SEPTEMBER AS NATIONAL PREPAREDNESS MONTH PROCLAMATION

3. SEPTEMBER 22ND AS NATIVE AMERICAN DAY PROCLAMATION
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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-

MINUTES

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

REGULAR MEETING – 6:00 PM
September 19, 2023

CALL TO ORDER

The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Mo reno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Authority and the Board of Library Trustees was called to order at 6: 10 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street.

Mayor Cabrera announced t hat the City Council receives a separate stipend for CSD meetings.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Pro Tem Delgado.

INVOCATION

The invocation was given by Mayor Pro Tem Delgado.

ROLL CALL

Council: Ulises Cabrera Mayor
Ed Delgado Mayor Pro Tem
Elena Baca-Santa Cruz Council Member
David Marquez Council Member
Cheylynda Barnard Council Member

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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -3-
*Mayor Cabrera participated in the meeting via teleconference fr om the Doubletree by Hilton Sacramento located at 2 001 Point West Way, Sacramento, CA 95815 in the Feather River Conference Room.

INTRODUCTIONS

Staff: Jane Halstead Manager of the Office of the Mayor and City Council/City Clerk
Patty Rodriguez Senior Deputy City Clerk
Steven Quintanilla City Attorney
Mike Lee City Manager
Brian Mohan Assistant City Manager, Chief Financial
Officer, City Treasurer
Michael Lloyd Assistant City Manager
Sean Kelleher Community Development Director
Melissa Walker Public Works Director/City Engineer
Jeremy Bubnick Parks and Community Services Director
Ken Reichle Chief of Police
Jesse Park Fire Chief

PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL
Daryl T.

1. Unity.

Sam Martinez

1. Morrison Park.

Christopher Baca

1. Critical of Mayor Cabrera.

Bob Palomarez

1. Story.

Roy Bleckert

1. Rules & Procedures.

Pete

1. State of the City.

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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -4-

PUBLIC COMMENTS ON ANY SUBJECT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

None.

JOINT CONSENT CALENDARS (SECTIONS A-E)
Motion made by Mayor Pro Tem Delgado and seconded by Council Member Barnard to approve the consent calendar.

Motion passed by a vote of 5 -0, with Council Member Baca -Santa Cruz, Council Member Marquez, Council Member Barnard, Mayor Pro Tem D elgado, and Mayor Cabrera voting yes.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: Cheylynda Barnard, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. City Council - Closed Session - Sep 5, 2023 4:30 PM A.3. City Council - Regular Meeting - Sep 5, 2023 6:00 PM A.4. COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2023/2024 FROM JULY 1, 2023 THROUGH JULY 31, 2023. (Report of: City Clerk)
Recommendation:

1. Receive and file the Fiscal Year 202 3/2024 Council Disc retionary Expenditure Report for July 1, 2023 through July 31, 2023.

A.5. LIST OF PERSONNEL CHANGES (Report of: Financial & Management Services)
Recommendation:

1. Ratify the list of personnel changes as described.

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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -5-
A.6. PAYMENT REGISTER - JULY 2023 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

A.7. APPROVE THIRD AMENDMENT TO THE AGREEMENT FOR CITYWIDE SECURITY SERVICES TO LYONS SECU RITY SERVICES, INC. (Report of:

Financial & Management Services)
Recommendations:

1. Approve the Third Amendment to the Agreement for On -Site and/or Professional Services with Lyons Security Service Inc., to provide security guard services at various City facilities and special events;

2. Authorize a Change Order to the exist ing Purchase Order with Lyons, Inc. in the amount of $68,000 once the Third Amendment has been signed by all parties;

3. Authorize the City Manager, or their designee, to execute the Third Amendment to the Agreement for On -Site and/or Professional Services with Lyons Security Service, Inc. subject to the approval of the City Attorney; and

4. Authorize the City Manager to execute subsequent amendments to the Agreement, including the authority to authorize associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney and the approved budget by City Council.

A.8. SB 1205 FY2022/2023 State Mandated Inspections (Report of: Fire Department)
Recommendation:

1. Approve Resolution No. 2023 -62, acknowledging th e receive and file report regarding the State -mandated annual inspections of certain occupancies pursuant to California Health and Safety Code Sections §13145, §13146 and §17921.

A.9. AUTHORIZE THE AWARD OF PURCHASE FOR TWO VEHICLES TO PB LOADER CORPORATION AND TYMCO, INC. (Report of: Public Works) Recommendations:

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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -6-

1. Award the purchase of one 2024 Asphalt Patch Truck to PB Loader Corporation.

2. Authorize the Purchasing & Sustainability Division Manager to issue a Purchase Order to PB Loader Corporation in t he amount of $212,752.00 plus an estimated sales and use tax amount of $16,488.28, for a total amount of $229,240.28 using Fleet Operations Replacement Reserve (Fund 7430).

3. Award the purchase of one 2023 Street Sweeper to TYMCO, Inc.

4. Authorize the Purchasing & Sustainability Division Manager to issue a Purchase Order to TYMCO, Inc. in the amount of $502,707.63 using Fleet Operations Replacement Reserve (Fund 7430).

5. Authorize the City Manager or their designee to execute future vehicle & equipment purchases in accordance with the approved Fiscal Year 2023/24-2024/25 budget and procurement procedures.

A.10. PEN21-0184 (TR 38236) – APPROVE TRACT MAP 38236 LOCATED

SOUTH OF ALESSANDRO BOULEVA RD AND WEST OF OLIVER STREET

AND APPROVE COOPERATIVE AGREEMENT BETW EEN THE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, THE CITY, AND D.R. HORTON LOS ANGELES HOLDING COMPANY, INC. (Report of: Public Works)
Recommendations:

1. Approve Tract Map 38236.

2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.

3. Approve the Cooperative Agreement with the Riverside County Flood Control and Water Conservation District (the District), the Cit y of Moreno Valley (the City), and D.R. Horton Los Angeles Holding Company, Inc. (the Developer), for the MDP Line H, Stage 2 and Moreno – Alessandro Boulevard Lateral Storm Drain, Stage 1.

4. Authorize the City Manager to execute the Cooperative Agreement.

5. Direct the City Clerk to forward the signed Cooperative Agreement to the District.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
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B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVE R OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 5, 2023 4:30 PM
Recommendation:

1. Approve as submitted.

B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 5, 2023 6:00 PM
Recommendation:

1. Approve as submitted.

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 5, 2023 4:30 PM
Recommendation:

1. Approve as submitted.

C.3. MINUTES - CITY COUNCIL - REGULAR MEETING -SEPTEMBER 5, 2023 6:00 0M
Recommendation:

1. Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

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D.2. MINUTES - CITY COUNCIL - CLOSED SE SSION - SEPTEMBER 5, 2023 4:30 PM
Recommendation:

1. Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 5, 2023 6:00 PM
Recommendation:

1. Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - CLOSED SESSION - SEPTEMBER 5, 20 23 4:30 PM
Recommendation:

1. Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEPTEMBER 5, 2023 6:00 PM
Recommendation:

1. Approve as submitted.

F. PUBLIC HEARINGS
F.1. PUBLIC HEARING – TOWN CENTER PROJECT ECONOMIC

OPPORTUNITY SUM MARY REPORT PURSUANT TO GOVERNMENT
CODE SECTION 52201 (Report of: City Attorney)
Recommendation:

1. That the City Council conduct the Public Hearing and adopt the attached Resolution approving the Economic Opportunity Summary Report for the Town Center P roject pursuant t o Government Code Section 52201 and approve of the related Purchase and Sale Agreement.

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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -9-
Staff report provided by City Attorney Steven Quintanilla.

With the conclusion of the staff report, Mayor Cabrera called for Council questions of staff.

With no Council questions for staff, Mayor Cabrera called for public comments to be heard.

Roy Bleckert

1. Previous City Project.

Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

With no Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Mayor Pro Tem Delgado and seconded by
Council Member Baca -Santa Cruz to adopt Resolution 2023 -63 approving the Economic Opportunity Summary Report for th e Town Center P roject pursuant t o Government Code Section 52201, and approve of the related Purchase and Sale Agreement.

Motion passed by a vote of 5-0, with Council Member Baca-Santa Cruz, Council Member Marquez, Council Member Barnard, Mayor Pro Tem Delgado, and Mayor Cabrera voting yes.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz G. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION

None.

H. GENERAL BUSINESS
H.1. OFFICE OF THE MAYOR AND CITY COUNCIL SPONSORSHIP PROGRAM (Report of: City Clerk)
Recommendation:

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1. That the City Council approve the annual $60,000.00 Office of the Mayor and City Council Sponsorship Program.

City Clerk Jane Halstead provided the staff report.

With the conclusion of the staff report, Mayor Cabrera called for Council questions of staff.

Council asked questions of staff.

City Clerk Jane Halstead and Assistant City Manager Brian Mohan responded to Council's inquiries.

With the conclusion of Council questions, Mayor Cabrera called for public comments to be heard.

Russell Shafer

1. Concerns.

Bob Palomarez

1. Suggestions.

Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

Council Member Baca-Santa Cruz provided comments on the matter.

With the conclusion of Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Mayor Pro Tem Delgado and seconded by
Mayor Cabrera to appr ove the annual $60,000.00 Office of the Mayor and City Council Sponsorship Program.

Motion passed by a vote of 5-0, with Council Member Baca-Santa Cruz, Council Member Marquez, Council Member Barnard, Mayor Pro Tem Delgado, and Mayor Cabrera voting yes.

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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -11-
RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: Ulises Cabrera, Mayor
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz I. REPORTS

I.1. CITY COUNCIL REPORTS

(Informational Oral Presentation - not for Council action)

March Joint Powers Commission (JPC)
None.

Riverside County Habitat Conservation Agency (RCHCA)
None.

Riverside County Transportation Commission (RCTC)
Mayor Cabrera reported the following:

The Commission heard a presentation of the integrated traff ic management system and awarded an agreement to Transmax for comprehensive professional services for the Interstate 15 SMART Freeway Pilot Project.

The Commission also approved the 2024 State Transportation Improvement Program funding distribution among three geographic areas in Riverside County.

Riverside Transit Agency (RTA)
Council Member Barnard reported the following:

The Committee heard a presentation about the Actuarial St udy Results for the Workers’ Compensation and Liability P rograms and recom mended approval of the full Board of Directors.

The Committee also heard a presentation regarding the proposed custom shelters in Mead Valley as part of the Agency’s Bus Stop Strategic Policy.

Western Riverside Council of Governments (WRCOG)
Council Member Baca-Santa Cruz reported the following:

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Items covered at the WRCOG Executive Committee meeting on September 11, 2023, included an update on TUMF Collections for Fiscal Year 2022 /2023.

Development activity remained strong throughout th e WRCOG subregion , with residential and industrial projects generating the majority of the revenue.

Western Riverside County Regional Conservation Authority (RCA) None.

School District/City Joint Task Force
None.

I.2. EMPLOYEE ASSOCIATION REPORTS
None.

I.3. CITY MANAGER'S REPORT

1. Park improvements.

2. Parks Master Plan Community Meeting.

3. Free dump day, October 14, 2023.

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNIT Y

REDEVELOPMENT A GENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

Council Member Baca-Santa Cruz

1. Critical of Mayor Cabrera.

2. Personal anecdote.

3. Tom Jerele Sr.

Council Member Marquez
No comment.

Council Member Barnard

1. Tom Jerele Sr.

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2. Events attended.

3. Integrity & trust.

Mayor Pro Tem Delgado

1. Tom Jerele Sr.

Mayor Cabrera

1. Events attended.

2. Homelessness.

3. Tom Jerele Sr.

Motion made by Mayor Cabrera and seconded by Council Me mber Marquez to add an item to the next scheduled Study Session to discuss the possibility of finding or building a parking lot that would allow homeless families to sleep in their car.

Motion passed by a vote of 2 -0, with Council Member Marquez and Mayo r Cabrera voting yes.

RESULT: APPROVED [2 TO 0]
MOVER: Ulises Cabrera, Mayor
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez
AWAY: Ed Delgado, Cheylynda Barnard, Elena Baca-Santa Cruz

ADJOURNMENT

There being no further busines s to come before the City Council, Mayor Cabrera adjourned the meeting at 7:32PM in memory of Tom Jerele Sr.

PUBLIC INSPECTION

The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -14-

Submitted by:

Approved by:

___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Minutes Acceptance: Minutes of Sep 19, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL)

Report to City Council

ID#6365 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: October 3, 2023

TITLE: PURSUANT TO LANDOWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2014 -01 (MAINTENANCE SERVICES) -
AMENDMENT NOS. 79 A ND 81 (RESO NO. 2023 -__ AND
RESO NO. 2023-__)

RECOMMENDED ACTION
Recommendation:

1. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-__, a Resolution of the City Council of the C ity of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 79) (D.R. Horton Los Angeles Hol ding Company, Inc. , located on the southwest corner of Alessandro Blvd. and Oliver St.).

2. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 81) (D .R. Horton Los Angel es Holding Co mpany, Inc., located on the northeast corner of Oliver St. and Brodiaea Ave.).

SUMMARY

Adoption of the resolution s will certify the annexation of five parcels into Community Facilities District (CFD) No. 2014 -01 (Maintenance Services) (“Dist rict”). This action impacts only the property owner s identified below, not the general citizens or taxpayers of the City.

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

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

DISCUSSION

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

Property Owner
Project
ACP Record #
Amendment
No. APNs Location
D.R. Horton Los Angeles
Holding Company, Inc.,
TR 38236, 204 SF Homes
PEN21-0184/SCP23-0007
79 486-260-003
486-260-004
486-260-005
486-260-009
Southwest corner of
Alessandro Blvd. and Oliver St.

D.R. Horton Los Angeles
Holding Company, Inc.,
TR 38237, 67 SF Homes
PEN21-0199/SCP23-0029

81 486-240-010 Northeast corner of
Oliver St. and Brodiaea Ave.

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

The Third Amended and Restated Rate and Method of Apportionment of Special Tax (“RMA”) for the District describes the different special tax rate area s, services provided, and formula to calculate the special tax rate for each of the tax rate areas. Several special tax rate areas were created to accommodate a variety of scenarios to ensure A.4
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costs are fairly shared between property owners. For example, th ere is a tax rate area for “single-family residential street lighting” and one for “street lighting for property other than single -family residential” (e.g., commercial, industrial, or multi -family projects).

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

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

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

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

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

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

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

ALTERNATIVES

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1. Adopt the resolution s. Staff recommends this alternative as it will annex the properties into CFD No. 2014 -01 at the r equest of the Property Owners and satisfy the condition (s) of approval for the proposed development.

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

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

FISCAL IMPACT

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

Property Owner
Project
ACP Record #
Amendment No.

Tax Rate Area
FY 2023/24
Maximum Special Tax Rate1
D.R. Horton Los Angeles
Holding Company, Inc.,
TR 38236, 204 SF Homes
PEN21-0184/SCP23-0007
79 SL-01B

LM-01D

SD-01

$97.64/parcel

$201.04/parcel

$1,007.06/parcel and $2.78/curb foot

D.R. Horton Los Angeles
Holding Company, Inc.,
TR 38237, 67 SF Homes
PEN21-0199/SCP23-0029
81 SL-01B

SD-01

$97.64/parcel

$1,007.06/parcel and $2.78/curb foot

1The special tax applied to the property tax bill will be based on the needs of the tax rate area within the District. The applied special tax rate cannot exceed the maximum special tax rate.

The FY 2023/24 applied rate for SL -01B (Single -Family Residential Street Lighting, Perimeter Street Lighting Only) is $8.27/parcel. The FY 202 3/24 applied rate for LM -01D (Single-Family Residential Landscaping) is $ 201.04/proportional front foot. The FY 2023/24 applied rate for SD -01 (Street Maintenance and Drainage) is $1,007.06/parcel and $0.00/ curb foot.

The maximum special tax rate s are subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater. However, the annual adjustment cannot be applied unless the City Cou ncil annually authorizes such adjustment. The increase to the maximum special tax rate s A.4
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cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate areas.

NOTIFICATION

The Landowner Petition s were e-mailed to the Property Owner s on August 10, 2023 and September 8, 2023 . A copy of the RMA was included with the Landowner Petition as Exhibit B.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Felicia London Brian Mohan
Special Districts Division Manager Assistant City Manager

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

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

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

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1. Resolution Ordering Annexation - Amendment No. 79

2. Resolution Ordering Annexation - Amendment No. 81

3. Boundary Map - Amendment No. 79

4. Boundary Map - Amendment No. 81

5. Certificate of Election Official - Amendment No. 79

6. Certificate of Election Official - Amendment No. 81

APPROVALS

Budget Officer Approval ✓ Approved . 9/25/23 3:32 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 9/25/23 3:34 PM A.4
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1 Resolution No. 2023-___
Date Adopted: October 3, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ORDERING THE

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

AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcels (the “Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 79 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcels to the CFD.

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 2 Resolution No. 2023-___
Date Adopted: October 3, 2023

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

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

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

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

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

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

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The City Council directs that said map be filed with the Riverside County Recorder A.4.a
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Attachment: Resolution Ordering Annexation - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 3 Resolution No. 2023-___
Date Adopted: October 3, 2023
pursuant to Section 3113 of the Streets and Highways Code.

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

6. This Resolution shall be effective immediately upon adoption.

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

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

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

APPROVED AND ADOPTED this 3rd day of October, 2023.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
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Attachment: Resolution Ordering Annexation - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 4 Resolution No. 2023-___
Date Adopted: October 3, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 3rd day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________

CITY CLERK
(SEAL)
A.4.a
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Attachment: Resolution Ordering Annexation - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 5 Resolution No. 2023-___
Date Adopted: October 3, 2023

EXHIBIT A
Boundary Map
Amendment No.

Assessor's Parcel
Numbers Services
Tax Rate Area &
Maintenance
Category
486-260-003
486-260-004
486-260-005
486-260-009
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the Maintenance Category listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.

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

Street Lighting SL-01B
Landscape Maintenance LM-01(D)Amendment No. 79
Street Maintenance and
Drainage SD-01
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Attachment: Resolution Ordering Annexation - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 6 Resolution No. 2023-___
Date Adopted: October 3, 2023

EXHIBIT B
Boundary Map Amendment
A.4.a
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Attachment: Resolution Ordering Annexation - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 1 Resolution No. 2023-___
Date Adopted: October 3, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ORDERING THE

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

AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) “Amendment No. 81 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcel to the CFD.

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 2 Resolution No. 2023-___
Date Adopted: October 3, 2023

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

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

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

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The City Council directs that said map be filed with the Riverside County Recorder A.4.b
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Attachment: Resolution Ordering Annexation - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 3 Resolution No. 2023-___
Date Adopted: October 3, 2023
pursuant to Section 3113 of the Streets and Highways Code.

6. This Resolution shall be effective immediately upon adoption.

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

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

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

APPROVED AND ADOPTED this 3rd day of October, 2023.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.4.b
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Attachment: Resolution Ordering Annexation - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 4 Resolution No. 2023-___
Date Adopted: October 3, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________

CITY CLERK
(SEAL)
A.4.b
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Attachment: Resolution Ordering Annexation - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 5 Resolution No. 2023-___
Date Adopted: October 3, 2023

EXHIBIT A
Boundary Map
Amendment No.

Assessor's Parcel
Numbers Services
Tax Rate Area &
Maintenance
Category
486240010
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the Maintenance Category listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.

Street Lighting SL-01B
Amendment No. 81
Street Maintenance and
Drainage SD-01
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Attachment: Resolution Ordering Annexation - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN 6 Resolution No. 2023-___
Date Adopted: October 3, 2023

EXHIBIT B
Boundary Map Amendment
A.4.b
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Attachment: Resolution Ordering Annexation - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN A.4.c
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Attachment: Boundary Map - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A.4.d
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Attachment: Boundary Map - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A.4.e
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Attachment: Certificate of Election Official - Amendment No. 79 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN PARCEL A.4.f
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Attachment: Certificate of Election Official - Amendment No. 81 (6365 : PURSUANT TO LANDOWNER PETITION, ANNEX A CERTAIN PARCEL

Report to City Council

ID#6401 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: October 3, 2023

TITLE: APPROVAL OF SECOND AMEND TO AGREEMENT WITH
MORENO VALLEY MALL HOLDING, LLC. FOR LIBRARY

SPACE LEASE AT THE MORENO VALLEY MALL

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Approve second amendment with Moreno Valley Mall Holding, LLC. (2250 Town Circle Holdings, LLC) for Library Space lease of space #2078 at the Moreno Valley Mall.

2. Authorize Executive Director/City Manager to execute the Second Amendment in the amount of $137,490.80 and request required Purcha se Order(s) in FY 23/24- 24/25.

3. Authorize the City Manager to execute any subsequent Amendments to the Agreement within Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.

SUMMARY

This report recommends authorization to approve the second amendment to the agreement between the City and Moreno Valley Mall Holding, LLC for the continued lease of space #2078 a t the Moreno Valley Mall for use as a Moreno Valley Library satellite branch.

DISCUSSION
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The City of Moreno Valley had entered into an Agreement with Moreno Valley Mall Holding, LLC (2250 Town Circle Holdings, LLC) titled “Moreno Valley Mall Lease Agreement” on August 15, 2017, with the original term valid through December 31, 2020, in the amount of $223,077.46, and the option to extend the term for two (2) additional periods of three (3) years each.

A First Extension to the agreement was entered on Ja nuary 13, 2020, for the term of three (3) years with the expiration of November 30, 2023.

It is the recommendation of staff to exercise the second three-year extension option and enter into a second amendment to this agreement for the term dates of Novem ber 1, 2023 through June 30, 2025, in the amount of $137,490.80. The total amended amount of this agreement will be $635,549.86.

ALTERNATIVES

1. Approve the recommended action as presented in this staff report. Staff recommends this alternative as it will continue ongoing Library services that are provided by this satellite branch.

2. Do not approve the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will cause disruption to services offered by this Library satellite branch location.

FISCAL IMPACT

There is no impact to the general fund.

This Second Amendment is currently budgeted in the Library fund 5010 -50-56-35110- as part of its operating expenditures.

NOTIFICATION

Posting of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Yhuit Jeremy Bubnick
PCS Admin & Financial Services Division Manager Parks & Community Services Director

CITY COUNCIL GOALS
Positive Environment. Create a positive environment fo r the development of Moreno Valley's future.

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Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in 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 attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Second Amend_Moreno Valley Mall Lease._CA approvedpdf

APPROVALS

Budget Officer Approval ✓ Approved . 9/25/23 3:43 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 9/25/23 4:25 PM A.5
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SECOND AMENDMENT TO MORENO VALLEY MALL

LEASE AGREEMENT

The Second Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “ Tenant,” and 2250 Town Circle Holdings, LLC, hereinafter referred to as “Landlord.” This Second Amendment to Agreement is made and entered into effective on November 1, 2023.

RECITALS:

Whereas, the Tenant and Landlord entered into an Agreement entitled “ MORENO VALLEY MALL LEASE AGREEMENT ,” hereinafter referred to as “Agreement,” dated August 15, 2017.

Whereas, the Landlord is providing lease of Suite #2078 located at Moreno Valley Mall in use as a branch of the Moreno Valley Library.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date of November 30, 2023 is extended by this Amendment to June 30, 2025.

1.2 Section 3 “Rent” to the Agreement is hereby further amended by adding to the cost proposal section thereof described in “Exhibit A – Second Amendment,” entitled “ Letter of Extending Lease Agreement.”

1.3 The total “Not-to-Exceed” fee for this contract is $635,549.86 ($ 223,077.46 for the original Agreement plus $274,981.60 for the first extension and $137,490.80 for the Second Amendment to Agreement).

SECTION 2
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Attachment: Second Amend_Moreno Valley Mall Lease._CA approvedpdf (6401 : APPROVAL OF SECOND AMEND MORENO VALLEY MALL

SECOND AMENDMENT TO MORENO VALLEY MALL LEASE AGREEMENT

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

SIGNATURE PAGE TO FOLLOW

A.5.a
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Attachment: Second Amend_Moreno Valley Mall Lease._CA approvedpdf (6401 : APPROVAL OF SECOND AMEND MORENO VALLEY MALL

SECOND AMENDMENT TO MORENO VALLEY MALL LEASE AGREEMENT

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

City of Moreno Valley 2250 Town Circle Holdings, LLC

By: ____________________________ By: __________________________ Mike Lee
Executive Director/City Manager
Title: _________________________
Date: ______________________ (President of Vice President) Date: _________________________

By: __________________________

Title: _________________________
(Corporate Secretary)
Date: ________________________

INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
City Attorney

___________________________
Date

RECOMMENDED FOR APPROVAL:
___________________________
Department Head

___________________________
Date

09/20/2023
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Attachment: Second Amend_Moreno Valley Mall Lease._CA approvedpdf (6401 : APPROVAL OF SECOND AMEND MORENO VALLEY MALL

SECOND AMENDMENT TO MORENO VALLEY MALL LEASE AGREEMENT

Attachments: Exhibit A – Second Amendment
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Attachment: Second Amend_Moreno Valley Mall Lease._CA approvedpdf (6401 : APPROVAL OF SECOND AMEND MORENO VALLEY MALL EXHIBIT A: LETTER OF EXTENDING LEASE AGREEMENTA.5.a
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Attachment: Second Amend_Moreno Valley Mall Lease._CA approvedpdf (6401 : APPROVAL OF SECOND AMEND MORENO VALLEY MALL

Report to City Council

ID#6322 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: October 3, 2023

TITLE: PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT

IMPACT FEE (DIF) IMPROVEMENT CREDIT AGREEMENT
#D23-003 FOR SKYLAR/WINDSONG RESIDENTIAL

DEVELOPMENT LOCATED AT THE NORTHEAST

CORNER OF ALESSANDRO BOULEVARD AND
LASSELLE STREET. DEVELOPER: D.R. HORTON, LOS
ANGELES HOLDING COMPANY, INC.

RECOMMENDED ACTION
Recommendations:

1. Accept and approve the Development Impact Fees Improvement Credit Agreement #D23-003 (DIF Agreement) for PEN21-0136 improvements; and

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

SUMMARY

This report recommends approval of a DIF Agreement for PEN21 -0136 (TR 38123) with D.R. Horton, Los Angeles Holding Company , Inc. The developer of Tract 38123 is required to construct the arterial streets, Alessandro Boulevard and Lasselle Street, that are designated DIF streets in the City’s DIF Nexus Study as well as modify the traffic signal located at the intersection of Alessandro Boulevard and Lasselle Street. The developer’s maximum credit amount is based on the least of the following: DIF Nexus Study Costs, the Engineer’s Cost Estimate, and the DIF Fee Obligation.

DISCUSSION

The Developer is approved to construct 17 7 single -family residential units on approximately 35 acres located at the northeast corner of Alessandro Boulevard and Lasselle Street (See Attachment 1). The City’s Municipal Code, Chapter 3.38, A.6
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“Residential Development Impact Fees” requires the Develop er to pay DIF. The DIF covers the Developer’s fair share of the costs to construct improvements that help mitigate the traffic impacts and burdens generated by the project on the City’s network of arterial streets and traffic signals.

As part of the project conditions of approval, the Developer will be constructing required DIF-related public improvements. Section 3.38.150 of the City’s Municipal Code allows the Developer to receive a credit for qualifying public improvements made to the designated arter ial street(s) and traffic signal(s). Alessandro Boulevard and Lasselle Street are designated streets in the City’s DIF Nexus Study. The intersection of Alessandro Boulevard and Lasselle Street is a designated DIF traffic signal location in the City’s DIF Nexus Study. There is currently an existing traffic signal located at the intersection, and the developer will be modifying the signal . The developer of project PEN21-0136 is required to construct public improvements for both the street and traffic signal.

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

Per the DIF Agreement, the initial credit is the least of the DIF Nexus Study Costs, Engineer’s Cost Estimate, and DIF Fee Ob ligation. Refer to Exhibit “C” – DIF Credit Calculation Table of the DIF Agreement (See Attachment 2). The maximum DIF Credit for this project is $625,474 for the Arterial Street component and $10,000 for the Traffic Signal component of the DIF.

ALTERNATIVES

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

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

FISCAL IMPACT
There is no fiscal impact.

NOTIFICATION
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Publication of agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Jordan Koga Melissa Walker, P.E.

Storm Water Program Consultant Public Works Director/City Engineer

Concurred By: Concurred By:

Clement Jimenez, P.E. Harold Zamora, P.E.

Principal Engineer ` Engineering Division Manager/Assistant City Engineer

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

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

1. Vicinity Map - PEN21-0136 (TR 38123)

2. DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123)

APPROVALS

Budget Officer Approval ✓ Approved . 9/25/23 2:39 PM City Attorney Approval ✓ Approved .

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City Manager Approval ✓ Approved . 9/25/23 3:35 PM A.6
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SCALE: 1"=2000'VICINITY MAPN SITEALESSANDRO BLVD.

LASSELLE ST.

BAY AVE.MORRISON ST.DARWIN DR.
60 COTTONWOOD AVE.DRACAEA AVE.EUCALYPTUS AVE.FIR AVE.

KITCHING ST.NASON ST.

PEN21-0136 (TR 38123)FINAL MAPCITY OF MORENO VALLEYPUBLIC WORKS DEPARTMENT-LAND DEVELOPMENT S. 1/2 SECTION 9, T. 3 S., R. 3 W
A.6.a
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Attachment: Vicinity Map - PEN21-0136 (TR 38123) (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT IMPACT FEE (DIF) A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT

1.0 General Provisions.

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

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

2.0 DIF Obligation.

2.1 Developer's DIF Obligation. Developer hereby agrees and accepts that, as of ______ , the Developer is obligated to pay DIF for the Project to City in the amount of Three Million, Five Hundred Eighty-Three Thousand, Six Hundred Fifty-Three Dollars ($3,583,653) (hereinbefore and hereinafter referred to as the "DIF Obligation") of which $625,474 is for the Arterial Street component of the DIF Obligation and $132,396 is for the Traffic Signal component of the DIF Obligation.

2.2 Effect of Agreement. Notwithstanding anything in this Agreement, Developer acknowledges that the DIF Obligation is established by the provisions of the City of Moreno Valley Municipal Code Chapter 3.38 "Residential Development Impact Fees," or Chapter 3.42 "Commercial and Industrial Development Impact Fees," and that 3 A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Attachment: DIF Credit Agreement D23-0023 - PEN21-0136 (TR 38123) [Revision 1] (6322 : PEN21-0136 (TR 38123) – ACCEPT DEVELOPMENT A.6.b
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Report to City Council

ID#6325 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: October 3, 2023

TITLE: AUTHORIZATION TO AWARD AN AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES TO IMS

INFRASTRUCTURE MANAGEMENT SERVICES FOR THE
2024 PA VEMENT MANAGEMENT SYSTEM UPDATES

AND ROADWAY ASSET DATA COLLECTION SERVICES,
PROJECT NO. 801 0083

RECOMMENDED ACTION
Recommendations:

1. Award a Professional Consultant Services Agreement to IMS Infrastructure Management Services, LP to provide updates to the Pavement Management System and perform Roadway Asset Data Collection Services;

2. Authorize the City Manager to execute the Professional Consultant Services Agreement with IMS Infrastructure Management Services, LP , in the amount of $574,683, funded by the State Gasoline Tax (Fund 2000);

3. Authorize the issuance of a Purchase Order to IMS Infrastructure Management Services, LP in the amount of $574,683 when the agreement has been signed by all parties; and

4. Authorize the City Manager to execute any subseq uent Amendments to the Agreement with IMS Infrastructure Management Services, LP within Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.

SUMMARY

This report recommends approval of an agreement with IMS Infrastructure Management A.7
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Services (IMS) to provide updates to the City’s current Pavement Management System (PMS) ensuring the City will have the most cu rrent information on its pavement conditions and to perform roadway asset data collection services to inventory such assets as traffic signs, curb ramps, sidewalks, and driveway aprons. Inventory of public roadway assets could provide crucial information f or the development of long -term maintenance plan for various assets.

DISCUSSION

The City of Moreno Valley’s maintained street network contains approximately 500 centerline miles of roadways with three classifications: arterial, collector and local streets. To better maintain the network, the City developed the PMS in 1995 which provided the City with the necessary tools to inventory the street network, to evaluate and analyze pavement conditions, and to prioritize streets for pavement rehabilitation.

The PMS has been a very effective tool in assisting the decision-making process in reference to the allocation of limited funds for street maintenance. In addition, the Federal Highway Administration and the state require that the PMS be updated every five years.

As the City continues to show dynamic growth with its population, infrastructure and maintenance needs, the PMS has been continuously updated with the last update in 2018 to inventory the changes in the street network. It is recommended that the PMS should again be updated to capture the latest changes in pavement conditions as well as to inventory new streets that have been recently added to the street network .

Furthermore, we expect to see improved Pavement Condition Index (PCI) scores with the significant investments in pavement. The City average PCI in 2018 was 65 which is considered to be a “Fair” score.

On August 3, 2023, the Request for Proposal for professional consulting services was advertised on the City’s online bid portal. On August 24 , 2023, s ix (6) consultants submitted their proposals for the project. City staff reviewed and rated the proposals according to the consultant’s ability to complete the project requirements. The proposal from IMS was selected as the most qualified to perform the services as requested.

The selected consultant , IMS, will be responsible for updating the PMS database and street network, performing field surveys to collect and record all pavement conditions and distresses for all street segments, performing an a nalysis of the street network with the field data to produce an updated PCI, and preparing a comprehensive report that includes current PCI, work history, pavement rehabilitation recommendations for all streets, and budget recommendations.

IMS’s scope of work also includes performing inventory of various public roadway assets that include traffic signs, curb ramps, sidewalks, and driveway aprons. The consultant will be utilizing the latest scanning and imaging technology to perform this inventory work, as well as performing Americans with Disabilities Act (ADA) compliance checks on the existing sidewalks and curb ramps. The asset inventory will provide the City the overall knowledge regarding the number and location of different public A.7
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roadway assets for development of long-term maintenance plans for City facilities.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. This alternative will allow for the much -needed updates to the City’s PMS to meet federal an d state eligibility requirements for comprehensive inventory of roadway assets.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the much -needed updates to the City’s PMS and potentially disqualify the City from receiving federal and state funding.

FISCAL IMPACT

This project is included in the adopted Fiscal Years 2023 -24 and 2024 -25 Capital Improvement Plan (CIP) and funded by the State Gasoline Tax (Fund 2000). Portion of the Consultant’s scope of work related to sidewalks and curb ramps inventory and ADA compliance evaluation is to be funded with available budget from the Annual ADA Compliant Access Upgrades (Project No. 801 0008 70-77-2000) as included in the CIP.

AVAILABLE FUNDING FOR THE PROJECT:

State Gas Tax
(Account No. 2000-70-77-80001-720199) (Project No. 801 0083-2000-99) ....... $180,000

State Gas Tax
(Account No. 2000-70-77-80001-720199) (Project No. 801 0008-2000-99) ....... $410,000 Total Available Funding ...................................................................................... $590,000

ESTIMATED PROJECT COSTS:

Professional Consultant Services Costs ............................................................. $574,683 City Staff Project Management and Submittals Review Costs ........................... $ 15,317 Total Estimated Project Costs ............................................................................ $590,000

ANTICIPATED PROJECT SCHEDULE
Field Survey of Street Complete .................................................................... March 2024 Field Data Input and Analysis Complete ............................................................ May 2024 PMS Database and GIS Updates Complete ...................................................... July 2024 PMS Comprehensive Report Complete ....................................................... October 2024 Roadway Asset Data Collection Complete ............................................... November 2024

NOTIFICATION

Publication of the agenda.

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PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

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

Capital Projects Principal Engineer Public Works Director/City Engineer

Concurred By:

Harold Zamora, P.E.

Engineering Division Manager/Assistant City Engineer

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

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 neighborho od preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Agreement with IMS_Project 801 0083

APPROVALS

Budget Officer Approval ✓ Approved . 9/26/23 7:55 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 9/26/23 8:36 AM A.7
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1 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR
2024 PAVEMENT MANAGEMENT SYSTEM UPDATES AND

ROADWAY ASSET DATA COLLECTION SERVICES
PROJECT NO. 801 0083

This Agreement (hereinafter, this “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 Count y of Riverside, State of California, hereinafter referred to as the “City,” and IMS Infrastructure Management Services, LP , an Arizona Limited Partnership Company, hereinafter referred to as “Consultant.”

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

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

2 DESCRIPTION OF PROJECT

1. The Project is described as 2024 Pavement Management System Updates and Roadway Asset Data Collection Services. Project No. 801 0083 .

SCOPE OF SERVICES

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

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

PAYMENT TERMS

4. The City agrees to pay t he Consultant and the Consultant agrees to receive a "Not- to-Exceed" fee of $574,683 in accordance with t he payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.

TIME FOR PERFORMANCE

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

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

7. This Agreement shall be e ffective from effective date and shall continue in full force and effect date through December 30, 2024 , subject to any earlier termination in accordance with this Agreement. The services of Consul tant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement.

8. (a) The Consultant agrees that the personnel, includ ing the principal Project A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

3 Manager, and all subconsultants assi gned to the Project by the Co nsultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the Consultant without written prior approval of the City.

SPECIAL PROVISIONS

9. It is understood and agreed that the Consultant is, and at all times shall be, an independent consultant and not hing contained herein shall be construed as making the Consultant or any individual whose compensati on for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.

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

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

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

13. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled ve teran or veteran of t he Vietnam era. Subject to the foregoing A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

4 and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrim ination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminat e against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, wit hout regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgr ading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or adverti sements for employees placed by or on behalf of Consultant in pursuit her eof, state that all qualif ied applicants will receive consideration for employment wit hout regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

5 orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) If Consultant should subcontract a ll or any portion of the services to be performed under this Agreement, Consultant shall cause each subconsultant to also comply with the requirements of this Section 13.

14. Indemnification.

a. Design Professional Services. To the fu llest extent permitted by law, including but not limited to Civil Code Section 2782.8, in performing “design professional services” as defined in Section 2782.8, the Consultant agrees to indemni fy, defend, and save the City, the Moreno Valley Community Services District (CSD ), and the Moreno Vall ey Housing Authority (MVHA), their officers, agents and employees har mless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise fr om or are connected with the negligent, reckless, or willful misconduct in the performance of or failure to perform the work or other obligations of the Consultant under this RFP and/or related Agreement, or are caused or claim to be caused by the negligent acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence, active negligence, or willful misconduct of the City, MVHA, and CSD, thei r officers, agents or employees; and does not apply to any passive negligence of City unless caused at least in part by Consultant.
b. Non-Design Professional Services. Fo r all non-design professional services, Consultant shall indemnify, defend, and save the City, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any a nd all liability, claims, demands, damages, or injuries to any A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

6 person, including injury to the Consultant's employees and all cl aims which arise from or are connected with the performanc e of or failure to perform the wo rk or other obli gations of the Consultant, or are caused or claim to be caused by the acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however , that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, MVHA, and CSD, their officers, agents or employees.
c. If Consultant should s ubcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless and defend City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. d. CalPERS Indemnity. To the fullest ex tent permitted by law, in addition to obligations set forth in this section, in the ev ent that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employ ee of the City, to the fullest ex tent of the law, Consultant shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation, paym ent that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

15. CalPERS Participation. As set forth in this Agr eement and in the Request for Qualifications, City has an obligation to treat a ll persons working for or under the direction of Consultant as an independent Consultant of City and agents and employees of Consultant , and not as agents or employees of City. Consultant and City a cknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

7 that persons providing services pursuant to th is Agreement are employees of City and should be registered with the CalPERS as employees of City.

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

Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providi ng services under this Agreement to City are City’s employees, Consultant shall within five days and share a ll communications and documents from CalPERS that it may legally share. In the event that either Consultant or City f iles an appeal or court challenge, Consultant and City each agree to c ooperate with each other in responding to the inquiry and any subsequent admin istrative appeal or court challenge of an adverse determination.

This section shall survive termination or expiration of this Agreement.

17. Insurance.
(a) Throughout the life of this Agreemen t, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit “E” or as may be authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. (b) If at any time during the life of th e Agreement or any extension, Consultant or any of its subconsultant fail to maintain any required insurance in full force and effect, all services and work under this Agreement sha ll be discontinued immediately, and all payments A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

8 due or that become due to Consultant shall be wit hheld until notice is received by City that the required insurance has been restor ed to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consult ant of its responsibilities under this Agreement.

The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has comm enced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtai ned by Consultant sh all not be deemed to release or diminish the liability of Consultant, including, without limitatio n, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, cons ultants, sub-consultant s, subconsultants or anyone employed directly or indirectly by any of them.
(d) Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy r equired under this Agreement, including all endorsements, with said copy cert ified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shal l require each subconsultant to provide insurance protection in favor of City and each of its officers, officials, employees, agents and A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

9 volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and City prior to the commencement of any services by the subconsultant.

18. The waiver by either par ty of a breach by the other of any provision of this Agreement shall not constitute a continuing wa iver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and si gned by all parties to this Ag reement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

19. Consultant and subconsultants shall pay prevailing wage rates when required by the Labor Laws of the State of California. Consultant and all of Consultant’s subcontractors, if any, shall pay each employee engaged in all applicab le trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than t he general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistenc e pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Ha ll, as provided in Section 1773.2 of the Labor Code. Said rates shall be post ed at the Project site where work is to be performed, in accordance with Labor Code Section 17 73.2. Consultant shall access a copy of the wage rate determination and shall make al l subcontractors, if any, aware of the A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

10 determination. As the wage determi nation for each craft reflects an expiration date, it shall be the Consultant’s responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Consultant shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or me chanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in vi olation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Consultant and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. In the event the total cost of the Project is thirty thousand dollars ($30,000.00) or more, Consultant shall further comply with provisions set fo rth in Labor Code Section 1777.5 pertaining to employment of properly regist ered apprentices, including without lim itation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employ ed only at the work of craft or trade to which he or she is registered; (ii) empl oy apprentices in at least the rati o as set forth in said section; (iii) submit contract award information to an applicable apprenticeship program; and (iv) contribute to California Apprenticeship Council.

Consultant and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hour s worked each day and week, and the actual per A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

11 diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provid ed by the DLSE. Failure to comply with the above may result in monetar y penalties to the Consultant or affected subcontractor. Payroll records shall be verifi ed by written declaration made under penalty of perjury, that the information contained in the re cords is true and correct. Consultant and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise prov ide certified copies of such records to any of the foregoing within ten (10) days of Consultant’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h).

Notwithstanding anything else to the contrary , Consultant hereby acknowledges that all contractors and subcontractors mu st be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In accordance with Section 3700 of the Labor Code, Consultant must secure payment of compensation to all Consultant’s employees.

Consultant represents and warrants that Consultant is registered with th e Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Cons ultant entering into any contracts with any subcontractor, Consultant shall obt ain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

12 20. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, fully completed and detailed project-related documents which shall become the property of the City. The Consultant may re tain, for its files, copies of any and all material, including drawings, doc uments, and specificati ons, produced by the Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consult ant free and harmless from any claim arising from any unauthorized use of computations, maps, and ot her documents prepared or provided by the Consultant under this Agreement, if used by the City on other work without the permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.

21. (a) This Agreement shall terminate wit hout any liability of City to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third par ty against Consultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Proj ect; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of termination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Cons ultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

13 through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (b) In the event of termination due to failure of Consultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess o f, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Consultant, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. (c) Upon any breach of this Agreement by Consultant, City may (i) exercise any right, remedy (in contract, law or equity), or privil ege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agr eement; and/or (iii) recover all di rect, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for def ault, such termination shall be deemed a termination for convenience.
(d) Consultant shall be liable for defaul t unless nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unus ually severe weather, and delays of common carriers. Consultant shall noti fy City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.

22. This Agreement is binding upon the Cit y and the Consultant and their successors A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

14 and assigns. Except as otherwi se provided herein, neither t he City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part t hereof without the prior written consent of the other.

23. A City representative shall be desi gnated by the City and a Consultant representative shall be designated by the C onsultant. The City representative and the Consultant representative shall be the prim ary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, and the Consultant's representativ e shall cooperate with the City in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.

24. This Agreement repres ents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agr eement may be modified or amended only by a subsequent written Agreement signed by both parties.

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

26. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data sh all be treated as confidential and will not be released to third A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
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15 parties without the prior written consent of both parties.

27. (a) Consultant shall comply, and require its subconsultants to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Sect ion 87100 et. seq.) and the regulat ions of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Consultant shall provide a written opinion of its legal counsel and that of any subconsultant that, after a due diligent inquiry, Consultant and the respective subconsultant(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subconsultants to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing.
(b) In performing the work or servic es to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any Cit y council, commission, board, commi ttee, or similar City body.

This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants t hat it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant, nor any of C onsultant’s subconsultants performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083

16 any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance an d in writing. Consultant and any of its subconsultants shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this prov ision, Consultant shall remain responsible for complying with Section 25(a), above.
(e) If Consultant should subcontract a ll or any portion of the work to be performed or services to be provided under th is Agreement, Consult ant shall include the provisions of this Section 25 in each subcontract and require its subconsultants to comply therewith.
(f) This Section 25 shall survive expira tion or termination of this Agreement.

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

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

30. Consultant expressly waives any and a ll rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to cl aims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of A.7.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0083
17 executing the release and that, if known by him or her, w ould have materially
affected his or her settlement with the debtor or released party.” _____
Initials
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever c haracter, nature and kind that are known or unknown, or suspected or unsuspec ted, including, wit hout limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

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

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

City of Moreno Valley IMS Infrastructure Management Services

B Y : B Y :

City Manager
N a m e :

D a t e T I T L E :
(President or Vice President)

D a t e

B Y :

N a m e :

TITLE:
(Corporate Secretary)

D a t e

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

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date
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REQUEST FOR PROPOSAL
2023-017 / 801 0083
2024 PAVEMENT MANAGEMENT SYSTEM UPDATES AND

ROADWAY ASSET DATA COLLECTION SERVICES (OPTIONAL)
City of Moreno Valley
14177 Frederick St.

Moreno Valley, CA 92552
RELEASE DATE: August 3, 2023
DEADLINE FOR QUESTIONS: August 18, 2023
RESPONSE DEADLINE: August 24, 2023, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/morenovalley
EXHIBIT "A"
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT City of Moreno Valley

REQUEST FOR PROPOSAL
2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional)
I. Notice to Bidders ................................ ................................ ..................

II. Due Date and Time ................................ ................................ ...............

III. Proposal Content ................................ ................................ ..................

IV. Prospective Bidder Qualifications ................................ .........................

V. Submission of Proposals ................................ ................................ .......

VI. Evaluation Phases ................................ ................................ .................

VII. Award ................................ ................................ ................................ ...

VIII. Special Terms and Conditions ................................ ...............................

IX. Scope of Work ................................ ................................ ......................

X. Vendor Questionnaire................................ ................................ ...........

Attachments:

A - Attachment D - Non-Collusion Affidavit
B - Attachment B - Sample Certificate of Insurance and Requirements C - Attachment C - Sample Consultant Agreement
D - Attachment D - Moreno Valley City Council District Map

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 3 1. NOTICE TO BIDDERS

1.1. Summary
The City of Moreno Valley is seeking a qualified consultant firm with in -depth experience to perform updates to its current Pavement Management System (“PMS”). The City desires to maintain an updated PMS to be eligible for applying and receiving federal and state funding for pavement rehabilitation and maintenance. The City uses the PMS to prioritize streets for rehabilitati on and preventive maintenance, as well as formulating and forecasting future budgets and developing plans to maximize the utilization of limited available public funds in maintaining the street network.

The City completed a PMS Update in 2018 for its street network consisting of approximately 133 street centerline miles of arterials, 34 miles of collectors, and 323 miles of local streets. Currently the City PMS is utilizing the current version of MicroPaver and Geographic Information System (GIS); however, the City is open for the utilization of other PMS software that is user/GIS friendly and would be compatible with other infrastructure asset management/maintenance.

1.2. Background
Moreno Valley was incorpor ated in 1984 as a General Law City, merging the communities of Moreno, Sunnymead and Edgemont. The City operates under a Council -Manager form of government. The City Council is comprised of an elected Mayor and four Council Members elected by district. The City has a committed customer-service oriented workforce comprised of more than 450 employees who provide a wide-range of municipal services including Public Works, Economic Development, Community Development, Parks and Community Services, Financial an d Management Services and Library services. The City contracts with Riverside County for Police and Fire services.

1.3. Timeline
RFP Release Date August 3, 2023
Questions & Answer Deadline August 18, 2023, 2:00pm
Proposal Due Date August 24, 2023, 2:00pm

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 4 2. DUE DATE AND TIME
Proposals for the RFP, as described herein, will be received electronically via the City of Moreno Valley’s on-line bid management portal OpenGov https://procurement.opengov.com/portal/morenovalley, until Thursday, August 24, 2023, 2:00 p.m. Any changes to this RFP are invalid unless specifically modified by the City of Moreno Valley and issued as a separate addendum document. Should there be a ny question as to changes to the content of this document; the City’s copy shall prevail. It is the prospective bidder's sole responsibility to ensure that their proposal, inclusive of any or all addenda, is uploaded to the proper place at the proper time. Any proposal received after the scheduled closing time for receipt of proposals will not be considered.

Proposals must be submitted electronically via the City of Moreno Valley e -Procurement System, OpenGov, as set forth in this RFP document. Unless otherwise specified, proposals submitted by any other method such as hard copy, fax, or e-mail will be disqualified.

Proposals may be withdrawn on the OpenGov vendor portal prior to the scheduled submittal time and date for receipt of proposals.

Prospective bidder's are encouraged to not wait until deadline to submit proposals, as system -related questions may arise.

All questions, technical, commercial, or contractual in nature shall be directed to the Q&A section on the e-Procurement System, OpenGov. No phone c alls will be allowed. Contact of the City of Moreno Valley personnel directly regarding this RFP is prohibited and may be grounds for elimination from the selection process. All questions regarding this RFP must be submitted through OpenGov no later than F riday, August 18, 2023, 2:00 PM. Bidders experiencing any technical difficulties with the bid submission process may contact OpenGov at (650) 336 -7167 or utilize the chat bubble in the system. Neither the City, nor OpenGov, makes any guarantee as to the ti mely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

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Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 5 3. PROPOSAL CONTENT
Technical Proposal shall include, but not be limited to, the following items:

A. Proposer’s approach and understanding of all necessary tasks and steps involved in completing the required services.

B. A detailed work plan to reflect the methods and procedures that the proposer intends to use to provide the required services. The scope of services outlined in this RFP is only provided as a guide and does not include all the tasks as required to complete the work.

C. A list of deliverables.

D. Procedures for perform Quality Assurance and Quality Control (QA/QC) on data collection and updates, analysis, and results.

E. Related experience including relevant experience date, name of agency, and Reference name/contact information.

F. A resource allocation matrix (exclude cost info).

G. Completed form as required.

General
A. Proposal Format: A prospective bidder must follow the instructions for preparing the proposal in the prescribed format. Section tabs must be utilized in the proposal following the same order of the RFP.

B. General Terms and Conditions: Except as otherwise indicated herein, City’s General Terms and Conditions govern rules and definitions of this RFP.

C. Right to Reject Proposals: City reserves the right to reject any and all proposals, to waive any non-material irregularities or informalities in any proposal, and to accept or reject any item or combination of items.

D. Execution of Agreement: If a prospective bidder is not able to execute an agreement within 10 days after being notified of selection, City reserves the right to select the next most qualified bidder or call for new proposals, whichever City deems most appropriate. (Sample template of agreement is attached).

E. Incorporation of RFP/Proposal: This RFP and the firm’s response, including all promises, warranties, commitments, and representations made in the successful proposal will become binding contractual obligations and will be incorporated by reference in any agreement between City and prospective bidder.

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Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 6 F. Authorized Signatories: Company personnel signing the cover letter of the proposal or any other related forms submitted must be authorized signers with the requisite authority to represent their firm and to enter into binding contracts.

G. Validity of Proposals: Proposed services and related pricing contained in the proposal must be valid for a period of 60 Days after the due date.

If your firm is qualified and would like to be considered, please submit a formal proposal addressing the following items:

Executive Summary

1. Provide a cover letter of your company’s information including:

A. Company’s full legal name, address, phone, fax, email, website; B. Prior company names (if any);
C. Organizational structure (corp., LLC, etc.);
D. Names and titles of the principal owner(s);
E. Person(s) authorized to make commitments for your company; F. Company history, experience (brief), and years in business; G. Current number of employees, key personnel;
H. Limit this section to a maximum of one page
Professional Team Assignments
A. Note any key personnel who are expected to remain in service until completion of the project.

B. Provide detail regarding the team to be assigned for these services.

C. Provide resumes of all team members.

D. Provide an organizational chart of all team members, titles, and a very brief description of their relevant responsibilities.

E. Limit this section to a maximum of two pages plus resumes and org chart.

Cost Proposal
A. Cost Proposal that includes all costs associated with the delivery of this 2024 Pavement Management System Updates services, including costs for the optional services for Roadway Asset Data Collection. The costs for the optional services for Roadway Asset Data Collection shall be listed in a separate table and labeled as “Optional Cost”, and the cost for each of the asset type (sidewalks, traffic signs, curb ramps, pavement markings, pavement striping, curb markings, and driveway aprons) shall be listed separately.

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Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 7 B. A rate schedule aligned with titles in the resource allocation matrix in Technical Proposal.

C. The general Scope of Services outlined herein is only provided as a guide in this Request for Proposal.

D. Itemized tasks and corresponding costs must be identical to the detailed Scope of Services included as part of the Proposer’s Technical Proposal.

Response Template
A. Provide thorough responses with sufficient detail to enable City to evaluate your understanding of City’s requirements, the suitability of your services and/or product(s) to meet City’s requirements, the strength of your work plan, previous experience, and available resources.

B. Note these responses carry significant weight in City’s evaluation of your proposal to provide and implement requested services.

C. Limit this section to a maximum of twenty (20) pages.

Required Forms*
A. Attachment A - Non-Collusion Affidavit
* Note this form is provided by City.

Proposal Format
• Electronic only: searchable document
• White paper, 8-½ x 11, page numbered
• Typed, black print, approximately 11-12 point font
• Free from excessive graphics or excessive photos
Consultant's Proposal and Compensation
The Consultant’s Proposal shall be no more than twenty (20) pages, excluding an Executive Summary page, dividers, resumes and certificates. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP will not be given further consideration. The Consultant’s Proposal shall include the following required statements:

A. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal.

B. A statement that this RFP and the Consultant's Proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by the Consultant and the Mayor or City Manager of Moreno Valley.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 8 C. A statement that the Consultant’s Services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in the Consultant's Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL." D. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" (if needed) containing a complete and detailed description of all of the exceptions to the provisions and conditions of this Request for Proposal upon which the Consultant’s Proposal is contingent and which shall take precedent over this RFP.

E. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant’s Staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. If one or more of the Consultant’s staff should become unavailable, the Consultant may substitute other staff of at least equal competence only after prior written approval by the City.

F. A resource allocation matrix must be submitted with the Proposal. The resource allocation matrix must list detailed tasks in rows and the appropriate individual (Job Title Only) as well as the number of hours that these individuals will be working on each task listed, will be included in adjacent columns. The resource allocation matrix and the project design schedule are required of both the primary consultant, as well as any sub-consultant. In addition, the applicable construction support services consultant must list the type and number or hours of geotechnical tests being proposed, as well as the type and number of hours of inspection or survey work within the Proposal. Failure to do so will result in the Consultant’s Proposal being deemed incomplete and it will not receive further consideration. The construction support services Consultant is not required to provide a Project Schedule with milestones.

G. A statement of sub-consultant’s (include relief personnel) qualifications applicable to this project including the names, qualifications and proposed duties of the sub-consultant’s staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses, and telephone numbers of the appropriate persons whom the City could contact.

H. A statement that the Consultant acknowledges and understands that the Consultant will not be allowed to change the sub-consultant without written permission from the City.

I. A statement that all charges for Consultant (construction) services is a “Not-to-Exceed Fee” which must include conservatively estimated reimbursable expenses, as submitted with and made a part of said Consultant's Proposal.

J. A statement that the Consultant will document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 9 K. A statement that the Consultant will immediately document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior, during, or after the construction work.

L. A copy of the Consultant's hourly rate schedule and a statement that said hourly rate schedule is part of the Consultant's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. An itemized cost breakdown for the work described herein must be submitted in a separate file, entitled Cost file, as part of the Consultant’s Proposal submittal. All extra work will require prior approval from the City.

M. A statement that the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

N. A statement that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to.

O. A statement that the Consultant shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project. All relevant records shall be retained for at least three years.

P. A statement that the Consultant shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276-a through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code. Pursuant to the said regulations, entitled “Federal Labor Standards Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.

Q. A statement that the Consultant shall comply with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

R. A statement that the Consultant offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgment by the parties.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 10 4. PROSPECTIVE BIDDER QUALIFICATIONS
Prospective Bidder Qualifications
The intent of this RFP is to evaluate the proposals, determine the prospective bidder's that are in t he competitive range, and select proposers that will provide the most cost-effective and professional services for City.

Minimum Qualifications:

A. Have at least five (5) years of experience conducting the specific type of services required herein and have experience with at least three other clients performing like services as described herein or have performed satisfactory work for City within the past three years.

B. Be capable of providing the required services beginning in October 2, 2023, work will be conducted during normal work hours, Monday to Friday 8:00 am to 5:00 pm.

C. Maintain current certifications: Applicable Certification to Perform Pavement Condition Reviews and PCI Analysis
D. Obtain and maintain at all times during the term of the Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this RFP, including a City of Moreno Valley business license.

E. Consultant will obtain insurance naming the City as additional insured prior to execution of the Agreement. See Attachment B
F. Comply with all local, state and federal laws, rules, and regulations applicable to the services required herein.

G. Have the necessary resources, knowledge, skills, experience, and the like to provide the required services.

H. Have financial stability and the necessary financial resources to provide the required services.

I. Demonstrate the requisite technical proficiency. Only Providers with verifiable 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) experience will be considered for award.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 11 5. SUBMISSION OF PROPOSALS
Written responses to the RFP must be prepared as specified in proposal content, as to form, content, and sequence. No changes to responses may be made after the submittal deadline. • The Proposal for 2024 Pav ement Management System Updates and Roadway Asset Data Collection Services (Optional) for the City of Moreno Valley Public Works/ Capital Projects shall be uploaded to OPENGOV on or before, but no later than August 24, 2023 at 2:00PM. Any responses received after this time will not be considered by the City.
• The response shall be signed by an officer, or officers, authorized to execute legal documents on behalf of the respondent.

The City reserves the right to waive informalities in any proposal, to re ject any or all proposals, to reject one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations, and to make awards to the Consultants whose proposal is most beneficial to the needs of the City. B idders are solely responsible for on time submission of their electronic bid. The City will only consider bids that have been transmitted successfully and have been issued an ebid confirmation number with a time stamp from the Bid Management System indicat ing that the bid was submitted successfully.

Transmission of bids by any other means will not be accepted. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the bidders to successfully submit electronic bids shall be at the bidders’ sole risk and no relief will be given for late and/o r improperly submitted bids. Bidders experiencing any technical difficulties with the bid submission process may contact OpenGov at (650) 336 -7167 or utilize the chat bubble in the system. Neither the City, nor OpenGov, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 12 6. EVALUATION PHASES
Evaluation Criteria
In accordance with the Chapter 3.12 PURCHASING City Municipal Code’s objective of selecting the most qualified consultant at a fair and reasonable cost, a Review Board, composed of appropriate staff representatives and/or qualified outside representatives, will review the proposals received and select the most qualified firms. Review Board shall rank the p rospective bidder's based upon the following criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. The Firm’s General Experience and
Qualification Information
Points Based 20
(20% of Total)

2. Experience of Key Personnel Points Based 20
(20% of Total)

3. Project Approach/Understanding Points Based 60
(60% of Total)

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 13 7. AWARD
Award
A. After conclusion of the above Evaluations, a Notification of Intent to Award may be sent to any prospective bidder's selected. City may make multiple awards. The City Council has the authority to award the contract.

B. Award is contingent upon the successful negotiation of final contract terms and the approval of City. Negotiations shall be confidential and not subject to disclosure to competing prospective bidder's unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next best qualified prospective bidder's or withdraw the RFP. In the event City does not approve the recommendation to award, the RFP may be cancelled without any cost or obligation of City.

C. not applicable
D. Prices are firm fixed prices during each contract period.

E. Prices shall be negotiated for each mutually exercised optional renewal period.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 14 8. SPECIAL TERMS AND CONDITIONS
Termination
A. If, in the opinion of the City of Moreno Valley, Provider fails to perform or provide prompt, efficient service, the City must have the right to terminate or cancel the Agreement upon 5- day’s written notice, and pay Provider for the value of the actual work satisfactorily performed to the date of termination.

B. The City of Moreno Valley must have the right to terminate or cancel the Agreement upon 30- day’s written notice without cause and pay Provider for the value of actual work satisfactorily performed to the date of termination.

C. These rights are in addition to any other rights that City may have available.

Public Employees Retirement Law (CalPERS)
A. CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the law, CONTRACTOR shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

B. CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat all persons working for or under the direction of CONTRACTOR as an independent contractor of City and agents and employees of CONTRACTOR, and not as agents or employees of City. CONTRACTOR and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.

C. CalPERS Retiree Disclosure. CONTRACTOR hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for CONTRACTOR who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to City approval, assigned by CONTRACTOR to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.

D. Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 15 CONTRACTOR shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either CONTRACTOR or City files an appeal or court challenge, CONTRACTOR and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 16 9. SCOPE OF WORK

9.1. Scope of Services
Main Servic es: This project is to evaluate current conditions for all City -maintained streets (citywide) that includes arterials, collectors, and local streets; update the MicroPaver database; generate a new pavement condition index (PCI); generate a comprehensive PM S report; and update the City’s GIS pavement layer. The Consultant’s proposal shall address their approach and ability to provide manual work to complete required services. All personnel and equipment to update the PMS are to be provided in the proposal.

Optional Services: The City may include an optional service to collect data and build an inventory of roadway/right-of-way asset that include sidewalks, traffic signs, curb ramps, pavement traffic markings, curb markings, and driveway aprons. The asset inventory database could provide the City the overview, amounts, distribution, and conditions of roadway assets citywide. The inventory also could enable the City to develop short -term and long -term maintenance and/or replacement plans for the assets.

Project Meetings : Upon receiving a Notice to Proceed, the Consultant shall hold a kick -off meeting to discuss project details, scheduling, deliverables, and expectations with the City project manager and other entities involved. A project schedule shall be generated and submitted for quality control purposes that will include the Consultant periodically meeting with the City project manager for reviewing project status and resolving any issues that may arise. The project schedule shall be updated regular ly to reflect the progresses of the project implementation.

Work History and New Street Updates: Various lists of street maintenance and repair work completed since the last PMS Updates, along with construction plans, will be provided by the City to the Consultant for compiling of work history and entering into the database. The Consultant shall also review new tract maps, aerial photos, and applicable documentation from City Land Development and the County Assessor to identify ALL new streets that have been recently accepted by the City into the maintained-network and to update the PMS system accordingly.

The Consultant shall review, audit, analyze as necessary the current City’s network database and compare with latest aerial photos for accuracy and for ensuring all City -maintained streets are captured and included in the PMS with required attributes such as GIS/PMP linkage, street classification, limits, number of lanes, date of first construction, surface type, length, width, pavement surface area, work history if any, etc. and make any and all necessary changes for the database.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 17 Pavement Condition Survey (PCS): Field surveys shall be conducted on all City-maintained streets in compliance with ASTM D6433 survey methodologies and accepted industry standards and include all distresses as defined by Army Corps of Engineers (ACOE), but not be limited to, longitudinal and transverse cracking, alligator cracking, raveling, rutting/corrugation, patching, block cracking, edge cracking, bleeding/flushing, etc. The PCS work shall identify the following areas of distress:

• Types of distress and failure.
• Severity of distress and failure
• Extent of distress and failure

The City considers semi -automated distress surveys utilizing a recognized Automated Distress Recording System (ADRES) to collect pavement conditions. This involves the utilization of video enhanced Laser Road Surface Tester (LRST) which includes the use of lasers, video imaging, and trained operator input to rate 100% of the roadway surface. This also requires the consultant perform walking surveys on 2% to 5% of the street sections to be determined by QA/QC team and/or City staff to verify results of LRST.

Semi-automated distress surveys work shall be performed on dry pavement and in light conditions favorable to distress detection. Along many streets there are mature and tall trees with shadows that may cover the entire pavement area and can affect LRST readings. Choosing the right time of the day with appropriate sun angle is critical for obtaining more accurate PCS data. In addition, the PCS work should be coordinated with street sweeping schedul e to take advance of no parking on street sweeping day with minimal or no obstructions on pavement surface. Prior to performing PCS, the consultant shall review the street network, and all street segments in the network are to be routed to ensure the most efficient way for the survey team to capture accurate pavement data. The consultant shall minimize impact to City traffic during the data collection and shall obtain a no-fee permit to perform the work.

The Consultant shall perform a continuous objectiv e pavement crack survey to measure the amount of transverse, longitudinal and alligator pavement cracking present. The Consultant shall classify pavement cracking according to the severity and extent of the cracking over the entire length of each pavement segment. The Consultant shall identify any areas that include poor construction of the original pavement installation or subsequent repairs; identify any open joints. The Consultant shall perform inspection of the entire pavement area and surrounding off- site areas, including, without limitation, adjacent intersecting pavement, roadways, and slopes that may influence or affect the pavement conditions.

To better keeping track of the progresses made by field crew and performing QA/QC on their work, in the past PMS updates the City street network was divided into four (4) zones which A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 18 pretty much match the four (4) this districts of the City (see Attachment 1.) The same method can be applied for this project.

Inventory: The City’s MicroPaver database has a street inventory, which stores such information as street widths, segment and lane lengths, number of lanes, classification, date and type of construction, date and type of last known surface treatment, etc. All data entered into the system must undergo quality control measures and any errors generated shall be corrected. The Consultant shall update any missing and/or obviously incorrect information in the database as a result of their field survey and review of work history records. The Consultant shall review the existing street segment database and modify the database (breaking up long segments or combining small segments together) as necessary to ob tain a more manageable street segment inventory. The Consultant shall verify the existing street lengths and pavement widths during the field survey and update the database for consistency. In addition, all streets shall be classified in the database to be consistent with the City’s circulation plan as included in the General Plan.

MicroPaver Database Update and Analysis : The pavement condition data shall be analyzed to obtain necessary information for the creation of the pavement performance curves and decision models. The Pavement Condition Index (PCI) shall be calculated for each pavement section of the streets based on ASTM D6433 -11. The Consultant shall also include a provision in the proposal for quality control checks throughout the data entry pro cess, as well as an explanation of the benefits of the quality control method that is employed.

The Consultant shall identify the type of maintenance or rehabilitation treatments required for each street segment and the estimated cost of these treatments.

Reporting and Submittals : A comprehensive report shall be prepared to include an executive summary suitable for an audience of managers or City Council members, a short discussion of the City’s network and the PMS and methods of collecting and analyzi ng data, a PCI report, an inventory/condition analysis report, a work history report, an action forecast/maintenance report based on available budget and budget recommendations to maintain and improve existing overall PCI rankings, and all exhibits, tables , and maps supporting these reports. A draft report shall be submitted to the City for review and quality control prior to submitting the final report.

The final report shall be signed and sealed by a registered civil engineer. Three hard (3) copies and one (1) digital copy of the final comprehensive report shall be submitted to the City.

The Consultant shall submit the updated MicroPaver database and all related files to the City once it has been finalized.

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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 19 PMS-GIS Layer Update: The Consultant shall make necessary modifications to the City’s existing PMS/GIS layer to reflect updated PCI values and corrections/updates to the City’s network. Roads not already present on the City’s existing PMS/GIS layer shall be identified and included as a part of this update. The final deliverable for this task shall be a PMS/GIS shapefile (.shp) that is compatible with latest version of ESRI’s ArcView software. The Consultant is required to coordinate with the City’s GIS Division for other r equirements on the format of the electronic files/submittals.

Technical Support: The Consultant shall provide technical support to City staff in the preparation of the budget and Capital Improvement Plan, as well as responding to questions and inquiries related to the PMS Updates project or in making PMS presentation to the City Council. This is estimated to be five (5) full days of technical support.

9.2. Roadway Asset Data Collection (Optional Services)
Subject to budget availability, the City may request the Consultant to provide additional services to collect data and create inventory for the roadway/right -of-way assets and their associated attributes as shown below. The City reserves the right to include in the award contract the data collection services of all these assets, for some of them, or none of them.

Roadway asset data collection and inventory work utilizes the use of mobile street-level imagery capture device and an image processing application to extract information from the captured images. The extracted information is analyzed, and various asset attributes are identified and saved in GIS format.

All final deliverables/data of the assets shall be in GIS format (e.g., shapefile and feature class) and shall include the following attributes:

No. Asset Type GIS
Feature
Class
GIS Attributes
1 Sidewalks Polyline • Location (polyline centroid, latitude and longitude) • Width (estimate, in feet with no decimals)
• Standard comments by data reviewers
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 20 2 Signs Point • Unique pole ID
• Unique sign ID
• Location (latitude and longitude)
• Street address (in front of or nearest)
• Type (warning, regulatory, guide, street name, misc.) • MUTCD code and description
• Signpost type (support)
• Post count (per Pole ID)
• Sign count (per Pole ID)
• Sign installation (per Pole ID vertically)
• Sign width (estimate, in inches with no decimals)
• Sign height (estimate, in inches with no decimals)
• Sign mounting height (estimate, in feet with no
decimals)
• Sign text (if readable)
• Sign facing direction (NB, SB, EB or WB)
• Sign physical conditions (good, fair, or poor)
• Standard comments/disclaimer by reviewers
3 Curb Ramps Point • Location (latitude and longitude)
• Truncated domes (yes or no)
• Missing curb ramp (yes or no)
• Island passageway (yes or no)
• Standard comments by data reviewers
4 Pavement
Markings
(Including
Crosswalk)
Point • Location (latitude and longitude)
• MUTCD code and description
• Type of crosswalk (conventional or continental)
• Standard comments by data reviewers
5 Pavement
Striping
Polyline • Location (latitude and longitude)
• Length (in feet with no decimals)
• MUTCD code and description
• Standard comments by data reviewers
6 Curb
Markings
Polyline • Location (latitude and longitude)
• Length (in feet with no decimals)
• Type
• Color
• Standard comments by data reviewers
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 21 7 Driveway
Aprons
• Location (latitude and longitude)
• Width (in feet with no decimals)
• Standard comments by data reviewers
It is generally assumed that all these assets are in the public right-of-way and unobstructed from the line-of-sight of the mobile imagery capture dev ice. The Consultant may be required to run more than one pass on certain streets to capture all these assets within the public right -of-way depending on the width and classification of the streets.

The Consultant shall include in the proposal procedures and steps to perform QA/QC checks on the asset data collection and inventory for accuracy. The QA/QC manager, at a minimum, shall perform and document regular QA/QC checks on data collection equipment , the work of field technicians, work plans and procedures, collected data versus field visual verifications, and the completeness of the data.

The final deliverables for this roadway asset data collection work shall include:
a. A single GIS database that contains all asset information as listed above. b. A technical memorandum summarizing all the work and processes in the asset data collection and inventory, along with recommendations for future asset data updates and asset condition inspections.
c. All processed images from the data collection process.

9.3. Project Schedule
The City’s schedule for completing the PMS Update project is as follows:

Proposal Due Date: August 24, 2023
Proposal Review and Award by: September 2023
Kick-off Meeting: September 2023
Office Database Preparation: September to December 2023 Pavement Condition Survey: January to June 2024
Field Asset Data Collection (optional): January to June 2024 PCI Analysis and PMS Report: March to September 2024 PMS/GIS Layer Updates: May to October 2024
Asset Database Preparation/Report: May to October 2024 A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Request For Proposal #2023-017 / 801 0083
Title: 2024 Pavement Management System Updates and Roadway Asset Data Collection Services (Optional) 22 10. VENDOR QUESTIONNAIRE

10.1. Please download the document below, complete, and upload.* Please download the below documents, complete, and upload. • Attachment_A_-_Non-Collusio...
*Response required
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT imsanalysis.com
Request for Proposals (RFP) for
2024 Pavement Management System Updates
and Roadway Asset Data Collection Services
2023-017 / 801 0083
August 24, 2023
Cit
y of Moreno Valley
14177 Frederick Street
Moreno Valley, California 92552
EXHIBIT "B" A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT IMS Infrastructure Management Services, LP
IMS Infrastructure Management Services, LP
1750 S Los Feliz Drive, Suite 111
Tempe, Arizona 85281
(480) 839-4347
www.imsanalysis.com
August 24, 2023
C
ity of Moreno Valley
14177 Frederick St.

Moreno Valley, California, 92552
D
ear Selection Committee,
I
MS Infrastructure Management Services, LP (IMS) is
pleased to submit our response to the City’s solicitation for the 2024 Pavement Management System Updates and
Roadway Asset Data Collection Services.

IM
S is an industry leader with 38 years of pavement and
asset management experience. Since our founding in
1985, we have provided services like those requested by the City to more than 1,000 municipalities across the
United States and 50 in California. This includes our
current on-call engineering support contract with the City of San Diego.

C
ollectively, the IMS team brings nearly 350 years of pavement and asset management experience to the table, along with:
• Over 50 years of combined experience developing and implementing the PAVER™ pavement management system
• One of the largest fleets of pavement imaging systems available that allows us to deploy and complete projects quickly and efficiently
• The highest resolution 3D pavement imaging available with Laser Crack Measurement System (LCMS-2) technology
• End-to-end workflow that captures, processes, summarizes, and displays data in a web browser • Consulting-led engagements backed by a team of full-time pavement engineers who design and manage every project's QC based on documented Data Quality Management Plans (DQMP) • Pavement management system implementation services, modeling, and optimization services We
are confident that IMS will be an ideal partner for the City, and we look forward to working with the City’s team on this project! As an authorized signatory for IMS, I hereby bind the firm to the commitments made in this submittal and have no additions or exceptions to the RFP. The official contact person for any questions regarding our submission and contract negotiations should IMS be selected is my colleague Mr. Jim Tourek. Jim may be contacted by phone at (480) 462-4030 or by email at [email protected].

Be
st regards,
IMS Infrastructure Management Services, LP
Kurt Keifer, PhD, PE
President | Principal Engineer
[email protected] | (737) 900-6676
Members of the IMS Pavement and Asset
Management Technical Teams at our recent
in-service training week.
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Moreno Valley, California | RFP No. 2023-017 / 801 0083 August 24, 2023
IMS Infrastructure Management Services, LP
We further certify:

T
hat the RFP and IMS’ proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by the Consultant and the Mayor or City Manager of Moreno Valley.

That
IMS’ services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in the Consultant's Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL." (IMS makes no additions or exceptions to the City’s request for proposal.) T
hat all charges for Consultant (construction) services is a “Not-to-Exceed Fee” which must include conservatively estimated reimbursable expenses, as submitted with and made a part of said Consultant's Proposal.

T
hat IMS, as the consultant, will document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives.

T
hat IMS will immediately document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior, during, or after the construction work.

T
hat IMS will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

T
hat all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to.

T
hat IMS shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project.

All relevant records shall be retained for at least three years.

Th
at IMS shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276-a through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code. Pursuant to the said regulations, entitled “Federal Labor Standards Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.

Th
at IMS shall comply with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

T
hat IMS offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgment by the parties.

I
MS Infrastructure Management Services, LP
Kurt Keifer, PhD, PE
President | Principal Engineer
[email protected] | (737) 900-6676
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IMS Infrastructure Management Services, LP
Executive Summary
F
ounded in 1985, IMS Infrastructure Management
Services, LP (IMS) has operated continuously as the
premier municipal pavement and ROW asset management
firm in the United States and Canada. IMS was the first firm to bring automated pavement evaluation to the
North American market, and we have kept that innovative mindset by continuing to implement state-of-the-art data collection and processing technologies. In May of 2022, IMS merged with International Cybernetics Company, LP
(ICC). ICC manufactures precision pavement testing
hardware for government agencies, civil engineering firms, and roadway contractors globally. The combination of IMS and ICC yields decades of experience with pavement
engineering and analysis, software development,
automated data collection equipment manufacturing, and
ROW mapping.

I
MS is owned by:
• International Cybernetics Company, LP, and
• ICC Management, Inc.

The
IMS team, comprised of 87 employees, includes ten
engineers (six possessing PhDs), eight independently
certified pavement raters, and 18 data and GIS technicians focused exclusively on pavement and ROW asset
management. In addition, 13 of our engineers and
technicians are independently certified Pavement
Condition Index (PCI) raters through the Orange County
Transportation Authority’s (OCTA) rigorous annual
certification program.

W
e offer the following pavement management services:
• A
utomated and semi-automated pavement condition assessments • Non-destructive pavement testing and analysis
• Pavement management system implementation and training • Pavement management plan development
In
addition to pavement management services, IMS offers complementary services such as:
• R
OW asset inventory development using 360-degree imagery and mobile Lidar • Sidewalk and ADA compliance surveys
• Data visualization services using dashboards, StoryMaps, and web applications built on GIS

FIRM QUALIFICATIONS
• 38 years of experience helping cities
and counties assess, analyze, and
manage pavements and ROW assets
• Extensive experience with more
than 15 pavement and asset
management systems, including,
StreetSaver, StreetLogix, VUEWorks,
Cartegraph, Agile Assets, PAVER,
Cityworks, Lucity, and others
• Project teams led by Professional
Pavement/Infrastructure Engineers
• Successful project delivery for more
than 1,000 municipalities across th
e
U
nited States
• Large fleet of state-of-the-art
pa
vement data collection vehicles
• QC/QA technicians independently
certified through the OCTA for
ASTM D6433 condition rating
• Streamlined collection, processing,
and data visualization using Unify
TM
s
oftware suite
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Moreno Valley, California | RFP No. 2023-017 / 801 0083 August 24, 2023
IMS Infrastructure Management Services, LP
A. P roject Understanding
We understand that the City desires to maintain an updated PMS to be eligible for applying and receiving federal and state funding for pavement rehabilitation and maintenance. We further understand that the City completed a PMS update in 2018 for its street network consisting of approximately 133 street centerline miles of arterials, 34 miles of collectors, and 323 miles of local streets. The current version of MicroPAVER (PAVER) and GIS are being utilized. We understand that the City is open to use other PMS software that is user/GIS-friendly and would be compatible with other infrastructure asset management/maintenance.

B. D etailed Work Plan
Task A. Project Management
IMS has standardized a project approach based upon our 38 years of pavement management experience and subsequent lessons learned. We will use our automated ASTM D6433 Pavement Condition Index (PCI) survey approach for this project, which provides comprehensive and objective data collected in the safety of a vehicle traveling at posted speeds. Our project management approach is based on thorough planning, proactive schedule management, and effective communication, which begins with a kickoff meeting. We will prepare the final project plan using the City’s feedback following kickoff. Our approach for pavement condition projects typically follows the eight steps shown in the figure below.

Status Meetings
At a minimum, we will schedule monthly routine check-in meetings to communicate the current project schedule, upcoming tasks, risks, and challenges. IMS will develop the meeting agenda and prepare succinct meeting minutes that catalog the items discussed, decisions made, and action items with a list of who will be responsible for completing each activity.

Enhancing PAVER with Easy Street Analysis by IMS
We recommend using Easy Street Analysis (ESA) for this project as a practical, project formulation enhancement to PAVER. We will load a sample data set, at no cost to the City, to demonstrate why it is such a popular approach for many of our E A
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IMS Infrastructure Management Services, LP
clients. ESA is a pavement management tool designed to provide our clients with easy access to the pavement condition data and analysis results almost immediately. It incorporates the concepts of cost- benefit analysis, critical-need year, logical projects, and is based on sound engineering principles. It provides substantial cost-savings over the duration of the contract and reduces the need to implement another license-based software package. Results can be visualized using both Esri GIS software and the new Excel-based mapping tools as an added benefit. ESA was engineered as a simple solution that eliminates the need for users to become pavement management software experts before they can leverage their survey results. It integrates the core analysis capabilities of some of the most powerful applications within a familiar Microsoft® Excel environment. Our interactive ESA spreadsheet is fully customizable to the needs of our clients and programmed to develop multi-year M&R plans built around practical prioritization techniques and financial optimization, typically as cost of deferral analyses.

Task B. Field Inspection
GIS Survey Mapping & Network Referencing
Data collection is unique in every jurisdiction. To facilitate a standard approach that yields deliverables tailored to our clients’ needs, we developed our Unify™ Software Suite that includes Drive™ for data collection, Connect™ for data processing, and Inform™ for online visualization. Our comprehensive software suite relies on street centerline GIS data provided by the City to build all successive processes, which include calibration, collection, processing, analysis, and reporting.

We w
ill review the City’s road network GIS files that define the extents of the survey and compare them against existing pavement database street segments. If discrepancies exist, they will be noted and reviewed with the City before data collection begins. We will load the finalized road network into Drive™, which defines the pavement network segmentation and attribution to be collected, minimizing routing problems and location errors. The GIS files will include attributes such as road section ID, street name, street type, beginning and ending descriptions, and start and end references for each segment.

Data collection will then take place using one of our road surface testers (RSTs). Upon completion of data collection, Connect™ is used to automatically extract data from the sensors on the RST and combine it with location information and imagery. The output from Connect™ may be uploaded to Inform™ for convenient visualization.

Pavement Condition Survey
Our two-person field crews will collect both outward facing and downward facing pavement imagery, using an RST equipped with second generation Laser Crack Measurement System (LCMS-2) 3D pavement imaging technology. The LCMS-2 system is the highest resolution 3D pavement scanning technology available. The 3D cameras can detect one-millimeter-wide cracks and full-lane-width rutting, as required by ASTM D6433, on the pavement surface at speeds up to 65 mph.

P
avement surface distresses including alligator cracking, block cracking, rutting, raveling, reflective cracking, loss of section, bleeding, edge distress, and patched areas as well as ROW imagery will be collected on a segment-by-segment basis, with each distress being captured by type, extent, and severity as outlined in ASTM D6433. The data and imagery collected is linked to the City’s existing GIS data. Pavement data collection and imagery surveys are expected to progress at a rate of between 30 and 50 miles per day.
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IMS Infrastructure Management Services, LP
IMS’ LCMS-2 systems detect rutting on asphalt roadways using laser measurements of transverse profiles that are collected continuously as the RSTs drive at normal traffic speed. With more than 4,000 measurement points collected per transverse profile and sub-millimeter vertical accuracy, the LCMS-2 can define transverse profiles with a high level of precision, accuracy, and repeatability. Once all the transverse profiles are collected for a roadway, IMS determines the rut area and the deepest (or maximum) rut depth for each segment. The severities are determined based on maximum rut depth thresholds that are specified in ASTM D6433.

IM
S processes the collected data using Connect™, a combination of advanced analytical tools, and QC/QA checks to determine accurate and repeatable PCI values for each roadway segment.

Furthermore, we deliver our PCI ratings and supporting data (inventory, distress, rutting, and roughness information) in both spreadsheet and GIS formats for easy review. The data that we provide may be used immediately for decision making or be imported into pavement management software for additional analysis and reporting.

Rutting and Roughness
IMS’ LCMS-2 systems detect rutting on asphalt roadways using laser measurements of transverse profiles that are collected continuously as the RSTs drive at normal traffic speed. With more than 4,000 measurement points collected per transverse profile and sub-millimeter vertical accuracy, the LCMS-2 can define transverse profiles with a high level of precision, accuracy, and repeatability. Once all the transverse profiles are collected for a roadway, IMS determines the rut area and the deepest (or maximum) rut depth for each segment. These values, as well as width of rut and color coding, can be seen in the LCMS-2 laser image to the right. Orange represents high severity rutting, while yellow represents moderate severity rutting. The severities are determined based on maximum rut depth thresholds that are specified in ASTM D6433.

P
avement roughness is evaluated by measuring the accumulated difference in the vertical displacement of a road surface, independent of chassis response, over a prescribed road length (longitudinal profile).

Roughness is typically reported following the International Roughness Index (IRI) index, which is calculated in real time from continuous longitudinal profile data collected by the RST’s ASTM Class 1 IrisPRO™ pavement profiler. To determine the longitudinal profile, data is simultaneously obtained in compliance with ASTM E950 from three devices: a pulse transducer-based distance-measuring instrument (DMI), high-speed RoLine™ lasers, and an accelerometer.

Task C. Prioritized Project List and 5-Year Pavement Management Plan Easy Street Analysis
Next, the condition data is loaded into ESA, maintaining consistency with the existing City’s ID nomenclature. The condition results are further analyzed by IMS engineers to develop the City’s 10-year pavement management plan (PMP). IMS configures the ESA pavement management modules to seamlessly integrate with GIS using a one-to-one relationship and engineers the application to support the user in generating fiscally sound management decisions through cost benefit analysis that can include structural characteristics of the street. By incorporating key elements of a cost-benefit analysis into the operating parameters, we can develop an analysis to meet the changing needs of the City. 6 A.7.a
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IMS Infrastructure Management Services, LP
GIS Database
The IMS GIS team, comprised of five (5) GIS technicians and analysts, has extensive experience segmenting/re-segmenting GIS layers using Esri’s ArcMap/ArcGIS Pro software as well as linking/relinking pavement segments. Once the GIS segmentation process is complete, IMS will create a new database that conforms to the new segmentation schema. Next, we will import the condition data to the new database. Because location data is embedded in the previous pavement condition data, it can be easily assigned to the new segmentation using custom tools developed by IMS. Migrating the old data to the new segmentation will provide continuity between the new pavement condition survey and future surveys. It will also facilitate better pavement condition forecasting and M&R planning in ESA.

Maintenance & Rehabilitation Strategies
Once the City has accepted the data through the client review process, we will collaborate with the City to review and update the existing pavement rehabilitation model parameters in ESA and conduct several pavement management scenarios as directed. Our multi-year pavement maintenance and rehabilitation (M&R) programs are built around practical prioritization techniques and financial optimization, typically in the form of cost of deferral. We focus on applying the right treatment to the right pavement at the right time to maximize the use of limited funding over the course of the overall pavement lifecycle. IMS will use the funding levels provided by the City to determine the annual funding required to maintain an average overall pavement condition and prepare investment benefit recommendations for the City’s future use. IMS incorporates pavement management principles that assist agencies in producing cost effective maintenance programs.

GIS StoryMap (Optional)
Our team of Esri GIS experts is focused on building easy to use and easy to maintain web-based, geocentric dashboards and StoryMaps to serve not only our clients, but also their constituents. These tools provide a dynamic way to present complicated information visually. Since many agencies are already using Esri software and ArcGIS Online, we look for ways to leverage their existing licensing, subscriptions, and infrastructure to elevate the data we deliver. Our agency-focused dashboards enable managers to easily review planned work, existing and forecasted conditions, and funding impacts directly on the map. We have built StoryMaps for clients to help explain to citizens how a pavement survey works, how the analysis is performed, and how the M&R budgets are distributed to maximize the use of scarce funding.
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IMS Infrastructure Management Services, LP
Recent example of an
ArcGIS Online Story Map
for the City of Long Beach,
California Click the
following link to visit the
complete Interactive Story
Map online at:
https://storymaps.arcgis.c
om/stories/fa9bc07d10984
c72ac1fcb57536e7a79
City Council Presentation (Optional)
As an optional service, we can develop and deliver a presentation to educate council members and/or the public on the concepts of pavement management, the results of the survey, health of the roadway network, and our recommendations.

Task D. Final Report
IMS will prepare all project documentation, including a draft and final summary report of the findings and conclusions as specified by the City. Project Coordinator TJ Coulter will oversee document control, which will include major and minor version numbers assigned in the file name and rigorous QC/QA.

After the City’s review, we will make all necessary changes and prepare three copies of the final report.

In addition, we will provide project documentation in native, electronic formats to the City as requested.

Resources Allocated to Each Task
Please see our Base Scope of Services table in the Fee Proposal section for a detailed summary of our resources allocated to each task.

Additional Resources
Our proposed team is supported by additional resources that, if needed, can provide extra capacity or specialized expertise for the project. We are accustomed to mobilizing additional personnel and fleet equipment as required to meet the schedule.

C. List of Deliverables
As requested by the City, the following deliverables will be provided as part of the core pavement management services:
• A comprehensive report that includes: 1) an executive summary suitable for an audience of managers or City Council members, 2) a short discussion of the City’s network and the PMS and methods of collecting and analyzing data, 3) a PCI report, 4) an inventory/condition analysis 8 A.7.a
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IMS Infrastructure Management Services, LP
report, 5) a work history report, 6) an action forecast/maintenance report based on available budget and budget recommendations to maintain and improve existing overall PCI rankings, 7) and all exhibits, tables, and maps supporting these reports. A draft report shall be submitted to the City for review and quality control prior to submitting the final report. The final report shall be signed and sealed by a registered civil engineer.
• An updated PAVER™ database and all related files.

Op
tional asset inventory data
• A single GIS database that contains all asset information as listed in the City’s RFP. • A technical memorandum summarizing all the work and processes in the asset data collection and inventory, along with recommendations for future asset data updates and asset condition inspections.
• All processed images from the data collection process.

Proposed Schedule
This schedule is based on an estimated receipt of NTP by late-September 2023. A final schedule will be provided upon the completion of scope negotiations. The schedule for data collection is variable and dependent upon the receipt of NTP.

IMS Proposed Schedule for Moreno Valley, CA: 9-Month Duration Assumes an NTP is issued, preliminary work commences in August, 2023 Task Description Time
Estimate
Milestone
Completion
1 Council Approval, Executed Agreement & NTP to be Issued 2 weeks October 2023 2 GIS Acquisition, Re-segmentation, and Validation 4 weeks November 2023 3 Review Map Iterations and Approval 4 weeks December 2023 4 Kick-off Meeting (Virtual) 1 day 1st wk. January 2024 5 RST LCMS-2 Pavement Network Survey 3 weeks January 2024 6 Walk 2-5% of Segments for QC/QA 2 weeks February 2024 7 QC/QA Program for Collected Data 6 weeks Feb.- March 2024 8 Deliver Network Condition Data/Analysis software set-up 1 week April 2024 9 Pavement Condition Data Format for Load to PAVER 1 week April 2024 10 PAVER Analysis & Draft Report 3 weeks May 2024
11 Final Project Deliverables & Close-out 2 weeks June 2024 Opt. Right-of-Way (ROW) Assets Development/Delivery 4 months Feb . May 2024 9 A.7.a
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IMS Infrastructure Management Services, LP
D. Q uality Assurance and Quality Control
Quality Management Plan Development
Based on discussions with the City during the project initiation and kickoff meetings, we will develop a project-specific version of our standard quality management plan (QMP) for this project. The QMP will be formalized with the City’s approval prior to data collection.

At
a minimum, the plan will address the following:
• Ho
w the data collection equipment will be calibrated and certified • What data quality control (QC) measures will be conducted before data collection begins and periodically during data collection
• How data will be sampled, reviewed, and checked for quality • What error resolution procedures will be followed
• How data will be accepted
Data Quality Monitoring
During the collection and processing workflow, data discrepancies are detected in three ways:
• D
uring data collection by means of real-time health monitoring systems onboard the RST van • During data processing in Connect™’s data import module by means of data quality checks that include data completeness and data synchronization validation • During data reporting in Connect™’s report generation module by means of sensibility and range ch
ecks
Thes
e processes are run on 100% of the collected and processed data. Any road sections with data discrepancies arising from sensors, systems, or processing that exceed the defined thresholds will be recollected and/or reprocessed, as necessary.

Image Sample Checking and Distance/Location Verification MS will review a random sample
of pavement images to confirm
the accuracy of reported
distress data using our
Connect™ software. The
detailed distress data for each
image, including cracking and
the classified and rated
distresses, are superimposed
over the image as well as
displayed in a table. This allows
QC reviewers to efficiently
review and confirm that the
condition of the road has been
surveyed accurately.

Connect™ with shapefile and GPS trace
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IMS Infrastructure Management Services, LP
C
onnect™ also shows the vehicle GPS traces (collection polylines) overlaid on a street view map or an aerial image. They are shown together with the City-provided GIS shapefile polylines to provide quick and easy verification that the correct sections were driven, that section limits were correctly identified, and that the vehicle GPS is accurate. This all-in-one processing software makes location errors and misplaced sections things of the past, and the transparency improves client confidence in the delivered data.

IMS’ Signature Multi-step QC/QA Process
IMS has developed a unique approach to pavement condition assessments by coupling the power of automated algorithms with the manual review of distress data. Our pavement engineers have an expert understanding of the capabilities and limitations of the state-of-the-art LCMS-2 technology and the sophisticated algorithms that we employ. They are trained to detect anomalies in field observation notes, manual data review, and automated LCMS-2 output. This rigorous QC/QA process provides an added measure of confidence that the automated distress detection and classification algorithms have performed accurately.

Risk, Schedule, and Cost Control
Risk Approach
Risk management begins with early planning and a healthy appreciation of the challenges we are likely to face as a team. At the conclusion of each project, we conduct a lessons-learned analysis, and apply take-aways to subsequent projects. The result is a mature process of continuous improvement—one where every project benefits from the identification and mitigation efforts gleaned from the projects that have come before. IMS takes a preventative approach on our projects to stay ahead of any issues that may occur. We maintain a risk register of common issues and add risks specific to the project as they arise. We will work with the City to assess the likelihood and impact of each issue and determine mitigation measures to resolve them before they can impact the overall schedule or budget.

Schedule Approach
Our approach to the development and implementation of the project schedule is realistic and we hold ourselves and others accountable to meeting it. We will tailor project-specific mitigation strategies to the most common risks to the schedule, such as weather delays and QC/QA review timeframes. Data collection is impacted by many internal and external factors, including weather and road closures, as well as equipment maintenance and the impact of adjacent projects running concurrently in the project area. IMS is diligent with preventive maintenance to limit equipment issues, includes float in the schedule in case of weather delays, and coordinates with all project stakeholders to optimize field testing and operations.

Cost Control
We prepare cost-competitive project budgets to meet our clients’ varying needs and seek to provide added value for no or little additional cost. We enable data-driven decisions about pavement, sidewalk, and right of way (ROW) assets that empower agencies like the City of Del Mar to get the most out of their budgets and deliver meaningful safety and maintenance and rehabilitation (M&R) results to their constituents.
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IMS Infrastructure Management Services, LP
E. Related Experience
Firm Qualifications and Experience
Our technical team completes more
than 100 pavement and asset
management projects annually and
stands second to none in our ability to
establish cost effective maintenance
management programs for large and
small agencies alike. We have earned a
reputation for excellence over the
course of thousands of projects for
municipal clients across the United
States and Canada performed over
nearly four decades.

State of California Experience
IMS brings significant regional experience to meet the City’s pavement management needs as shown in the table below. We have completed more than 50 projects in the Golden State and have analyzed 4,965 miles of pavement condition data using ESA for 20 California municipalities. Many of our clients hire us for repeat work and rely on IMS to help maintain their pavement management programs.

The f
ollowing table provides a summary of the size and type of projects IMS has completed in California.

California Agency Miles Software Year(s) Awarded
Anaheim 734 Lucity 2015
Arcadia 234 ESA 2017, 2021
Azusa 169 ESA 2020
Beverly Hills 172 Lucity 2013, 2017
CA Dept. of Water Resources 920 RoadMatrix 2016
Calabasas 75 ESA 2011, 2019
Cerritos 173 PAVER 2013, 2018, 2023
Chino 340 Streetlogix 2022
Claremont 250 Sidewalks 2016
Colton 150 ESA 2017
Del Mar 38 ESA 2013
Downey 257 PavePRO 2010, 2014, 2016
El Monte 207 ESA and PAVER 2016, 2022
Escondido 391 PAVER 2021
Exeter 55 ESA 2019
Farmersville 38 ESA 2021
Fontana 634 Lucity 2015, 2021
Garden Grove 435 PAVER 2022
Hemet 300 Condition rating survey 2022
Hidden Hills Community Assoc. 13 ESA 2017
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IMS Infrastructure Management Services, LP
California Agency Miles Software Year(s) Awarded
Imperial Beach – NV5 70 ESA 2016
Imperial City 65 Lucity 2013
Imperial County 1334 PAVER 2011
Irvine 651 ESA and PAVER 2020, 2022
Jurupa Valley 417 StreetSaver 2018
Laguna Beach 75 PAVER 2011
Lake Forest 170 StreetSaver 2022
Lancaster 249 ESA 2018
Long Beach 1246 Lucity 2022
Manhattan Beach 110 RoadMatrix 2010
Monterey 127 StreetSaver 2013
Monterey Park 120 PAVER 2010
Moorpark 136 PAVER and ESA 2022
Oceanside 600 Lucity 2015, 2023
OCTA Highway 91 50 StreetSaver 2023
Palm Desert 126 PAVER 2010
Palos Verdes Estates 74 Data only 2022
Pasadena 420 Lucity 2019
Pico Rivera 177 StreetSaver 2021
Port of San Diego 14 Data only 2022
Porterville 275 ESA 2021
Rancho Mirage 119 ESA 2011, 2022
Redondo Beach 150 RoadMatrix 2011
Ridgecrest 180 ESA and StreetSaver 2023
Riverside 1061 Lucity 2017, 2021, 2022, 2023
Sacramento 600 RoadMatrix 2011
San Bernardino County 108 Data only 2022
San Joaquin County (Pilot) 108 ESA and StreetSaver 2021 San Luis Obispo 186 StreetSaver 2011, 2013, 2015, 2017, 2019, 2021
Santa Monica 249 ESA and PAVER 2022
Santee 136 ESA 2017, 2022
Solana Beach 44 PAVER 2016
South El Monte 50 ESA 2018
Sutter County 165 Lucity 2010
Tehama County 1660 ESA and StreetSaver 2022
Temecula 400 Lucity 2018
Visalia 703 Lucity 2019
Yucaipa 239 ESA 2012, 2017
Upland 418 Sidewalks 2023
Esri Bronze Partnership
Our engineers and data processing team members are well versed in GIS. It is an essential skill given our reliance on georeferenced data for data collection, processing, reporting, and visualization. As 13 A.7.a
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IMS Infrastructure Management Services, LP
an Esri Bronze Partner, IMS uses Esri desktop software and ArcGIS Online—software that many agencies are already using. We look for ways to leverage our clients’ existing licensing, subscriptions, and infrastructure to elevate the data we deliver. IMS has built StoryMaps for clients to help explain to agency staff and constituents how a pavement condition survey is performed, what the data means, how the analysis is performed, and how the M&R budgets are distributed to maximize the use of available funds. The references below illustrate just a few of our previous pavement and asset management projects of similar size and scope complexity.

Project Highlights/References
County of Irvine, California – 2020, 2021, and 2022
In 2020, IMS partnered with the City of Irvine for a citywide pavement condition survey complete with detailed analysis and rehabilitation plan development. The 651 test miles of pavement condition data included surface distress and roughness collected with the LCMS-2 equipped van; deflection testing was conducted on the city’s major roads. The data was then input into PAVER for OCTA reporting requirements and into IMS Easy Street Analysis, where prioritization, optimization, and budget scenarios were run for the City. The successful project was completed with ESA training and delivery of the final report. A FY22 supplemental agreement was requested for further budget scenarios and support as needed. The FY2023 project is underway with surface condition and deflection testing surveys slated for June/early-July 2022 in order to complete the bi-annual OCTA submittals. Reference: Allison Tran, PE, Associate Engineer Phone: (949) 724-7547 Email: [email protected] County of Long Beach, California – 2013, 2017, and 2021 IMS was awarded the pavement management program update for the City of Long Beach in 2013 and again in 2017. The project consisted of pavement condition surveys for over 900 test miles that included digital images and deflection testing on the arterial roadways. In addition, we completed a software conversion from PAVER to Lucity, as the city desired a more robust analysis tool for managing its pavements. The IMS engineers then developed individual pavement analysis studies and reported on the results for the city’s nine districts. The results and final report were recently delivered to the city. In 2017, the city expanded the scope to include their alley network as well. IMS is currently working with the City of Long Beach on a new project that will wrap up later this year. Reference: Thana Sathees, PE, QSD, Civil Engineer Phone: (562) 570-7513 Email: [email protected] County of Santa Monica, California – 2021-2022
The City selected IMS to perform a pavement condition assessment of their paved network in 2021. IMS utilized the LCMS-2 RST to perform a pavement evaluation survey on 249 test miles. In addition, IMS also developed a sidewalk ADA ramp geodatabase from imagery captured during the pavement survey.

Following a rigorous in-house QA/QC process of the data captured, our engineering team was able to provide the data in IMS’ spreadsheet tool Easy Street Analysis (ESA) and PAVER. IMS engineers were also able to assist with a PAVER license install and software training. Using these tools, IMS worked with the city to examine different budget models for rehabilitation projects and delivered a final written report including a 10 year pavement management plan. Reference: Robert Zak, PE, Civil Engineer Phone: (310) 458-2283 Email: [email protected]
County of Moorpark, California – 2021-2022
In 2021, IMS was awarded this project as the result of a competitive solicitation. In early 2022, our team 14 A.7.a
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IMS Infrastructure Management Services, LP
completed a pavement assessment survey of the City’s 110-mile roadway network using the LCMS-2 RST technology. Once IMS performed thorough QA/QC on the field data, it was prepared for loading into the City's PAVER application, which was enhanced using the IMS spreadsheet tool, Easy Street Analysis (ESA). IMS is currently working with the City, to train new incoming City engineering staff on the ESA and PAVER software. Once the training is complete, IMS will review the final condition data and budgetary options with the new staff, will provide a final written 10 year pavement management report, and will present the final data to the City Council. Reference: Daniel Kim, PE, City Engineer/Public Works Director Phone: (805) 517-6255 Email: [email protected]
F. Organization Chart and Resource Allocation Matrix
Our team is accustomed to working on multiple projects at a time, and we adjust resources on a routine basis to ensure that we have the staff and equipment required to meet project milestones. Those summarized below will be assigned to the City for the duration of the project. They have been selected for their regional experience, unique knowledge, and current availability/workloads. 15 A.7.a
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT City of Moreno Valley, CA
Sidewalk-ADA Ramp 2023-24 Project
IMS Infrastructure Management Services, LP 2
Mobile LiDAR Unit
IMS will deploy a vehicle equipped with a Ladybug5+
camera system for this project. The Ladybug camera
provides a 360-degree viewing area at 8k30 or 4k60 image quality. Our mobile LiDAR unit disperses one million laser points and 250 scan lines a second to create a spatially accurate 3D image of the City’s right-of-way. The laser readings are combined into a point cloud and the raw point cloud data is processed into a usable format for use in TopoDOT for Microstation. Upon completion of the point
cloud processing, IMS tiles the network for identification of the ramp attributes and delivery to our extraction team.

Imagery surveys for asset extraction are expected to progress at a rate of 30 to 50 miles per day in the City.

The field surveys are expected to proceed at 5 to 6 days per week, depending on weather and national holidays.

Sidewalk Surface Tester (SST)
The SST is a purpose-built field data collection unit
designed primarily for surveying municipal sidewalks,
ROW’s, and parking lots. The SST employs the NOMAD TM
data collection software that integrates the survey
inventory (GIS), field maps, GPS, and field data collection protocols into a single platform. NOMADTM is customized based on the Master Asset List (MAL) that is a tailored list of features and attribution to be collected for each project.

Project Understanding/Vision for the Project
IMS understands the need for the City to collect and analyze detailed and precise information about the condition of its sidewalk and ramp network for rehabilitation strategies and ADA compliance reporting. IMS has developed a comprehensive data collection workflow to successfully deliver the required data using two pieces of data collection equipment.
• Our Sidewalk Surface Tester (SST) is driven on each sidewalk by a trained technician to collect sidewalk extent and distress locations and severities along each sidewalk segment. • Additionally, IMS will deploy our mobile LiDAR system to capture point cloud data of pedestrian ramps in the network.

Using this technology, we can extract geometric attributes at an accuracy of +/ - 5mm to the real world to capture the full series of required measurements for each ramp configuration as defined by the ADA. We can collect the following data:

Additional Lidar Services
L-11 ADA Transition Plan Development
L-12 Lidar Crosswalk (Intersection) Measurement Extraction L-13 Crosswalk (Intersection) Visual Condition Assessment (from imagery) Special Quote
Special Quote
Combined Project Total: $406,795.00
Special Quote

SIDEWALK AND CURB RAMPS SURVEY
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City of Moreno Valley, CA
Sidewalk-ADA Ramp 2023-24 Project
IMS Infrastructure Management Services, LP 3

Sidewalks:
• Material: predominant construction material of the segment • Condition: provide segment condition at 5-tiers: Very Good, Good, Fair, Poor, Very Poor • Width: predominant segment width measured in the field in inches • Cross Slope: locations of slabs with excessive cross-slope issues will be recorded • Type of Sidewalk: add the method of construction and style of sidewalk • Distresses: XY locations and severities of vertical separations and horizontal separations • Obstructions: XY locations, severities, and types of pedestrian network obstructions • Condition: 0-100 SWCI score
• Compliance report
Ramps:
• Material: predominant construction material of the ramp • Condition: provide condition at 5-tiers: Very Good, Good, Fair, Poor, Very Poor • Detectable Warning: type of visible impairment facility and condition if applicable • Obstructions: presence of any obstructions and obstruction type • Placement and Orientation: location of the ramp in the intersection or street and function • Ramp geometry: includes ramp running slope, ramp cross slope, ramp entrance width, landing length, landing width, landing slopes, flare slopes, ramp area, lip of gutter and lip of ramp height, depending on ramp configuration
Using this information, we will develop a sidewalk condition index, or SWCI (modelled after the pavement condition index (PCI) as described by the ASTM D6433 standard), for each segment in the network. This information will be ingested into our Easy Sidewalk Analysis spreadsheet, which calculates recommended rehab strategies, prioritization plans, and cost-of-repair estimates.

IMS Project Methodology
The IMS project approach for sidewalk
condition and asset inventory projects
typically follows the 7 steps shown in the
graphic below. In this section, we detail
the specific tasks and milestones that will
be required for the successful completion
of this project.

Develop GIS Inventory
Our data collection plan relies on a
complete and up to date GIS sidewalk
centerline. We understand that sidewalk
databases are difficult to maintain and
often incomplete, so prior to deploying our SST, we first drive our mobile LiDAR unit through the entirety of the public roadway network maintained by the City. The vehicle drives in two directions on each road, collecting both point cloud data and spherical imagery from the Ladybug5+ camera. The spherical imagery is then post- processed and georeferenced, such that it can be used in conjunction with satellite imagery and any existing client GIS (if any) to create a comprehensive sidewalk GIS.

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City of Moreno Valley, CA
Sidewalk-ADA Ramp 2023-24 Project
IMS Infrastructure Management Services, LP 4

If there are gaps in the sidewalk network,
• if the condition of the network changes significantly, • or if the width of the network changes significantly.

Not only does this identify areas where sidewalk needs to be installed, but it ensures we do not waste time surveying areas without assets present when we deploy our SST, which results in cost and time savings passed along to the agency. This also ensures that condition or width observations do not get “washed out” when segment-level data is summarized.

Using the Ladybug imagery allows us to create a point inventory of every ramp location in the network, and locations where ramps are missing but should be installed. This allows us to target our ramp data extraction process when the point cloud is imported into CAD systems for measurement purposes, again resulting in greater efficiency during processing.

Once we have our GIS databases created, we import them into our NOMAD ™ software onboard the SST, which allows our field operators to easily orient themselves in the network and make observations about each segment and ramp point as they encounter them.

Sidewalk Condition Survey
The Sidewalk Surface Tester (SST) is used to perform a condition survey by driving each linear mile of sidewalk and providing detailed data to determine if the
sidewalks are compliant with current local
standards. IMS will provide a Sidewalk Condition
Index (SWCI) which is a 0-100 score that is like the
Pavement Condition Index (PCI) used for
assessing street pavements. The SWCI was
developed by IMS in 2014 when we launched our
SST platform. We have been able to provide our
clients with an approach to sidewalk management
that is like what is used for pavement management
– detailed, objective, and repeatable surveys that
provide a solid foundation for multi-year budgeting maintenance and rehabilitation planning.

High-resolution spherical output from Ladybug5+ camera displayed in 2D.

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City of Moreno Valley, CA
Sidewalk-ADA Ramp 2023-24 Project
IMS Infrastructure Management Services, LP 5

SST Mobile Mapping Technology: NOMADTM
IMS has developed a mobile mapping application called NOMAD TM that is used to capture sidewalk/ramp attributes in the field. The NOMADTM software operates on a tablet PC and is customized to the needs of each client. NOMADTM is integrated with GPS on the SST and is used to develop spatially accurate inventories and condition assessments for a variety of infrastructure assets in the field based on the required attributes as defined in the MAL.

In addition to the segment-level observations, the XY locations of the sidewalk distress data will be collected and provided as a GIS feature class. For the purposes of prioritization, they will also be summarized at the segment level in the analysis phase of the project.

If available, the City will provide IMS with all sidewalk maintenance activities that will be performed during the data collection and inventory development period. This step will ensure that the inventory is complete, and that any sidewalks installed or repaired after a particular section of sidewalk has been surveyed will be included in the final inventory database.

NOMADTM is configured with a series of tabs that maintain the most efficient data entry in the field. The sidewalk and obstruction tabs are customizable for each project. Upon completion of the field data collection, the sidewalk attribute information is assembled and processed for condition and deficiency reporting purposes.

Sidewalk Ramp Collection
A pedestrian curb ramp is defined as an inclined plane needed wherever a sidewalk or other pedestrian walkway crosses a curb. Similarly to the pre- survey prep for the sidewalk assessment, IMS will create a review map of all current ramps to be condirmed by City staff as a function of our routing plan.

Ramp locations will be verified via the GPS-linked imagery and aerial photography. Updates to the existing database will be confirmed with County staff prior to any adjustments. The table structure for the ramp inventory is included on the next page. This will be modified to match the City terminology, or any modifications made as a part of negotiations and reflected in the MAL.

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City of Moreno Valley, CA
Sidewalk-ADA Ramp 2023-24 Project
IMS Infrastructure Management Services, LP 6

The image at right is an example of the Ladybug camera image that the IMS technicians review to complete the measurements. The ramp condition assessment is completed via measurements derived from the point cloud captured by the mobile LiDAR unit.

Data Processing Sidewalk Distresses
The sidewalk distress locations will be reported in a GIS database. We will also summarize these findings at the segment level for integration into the Easy Sidewalk Analysis spreadsheet for SWCI calculation purposes. The raw GIS files can be used for precisely locating slabs that need to be repaired, which can be used in conjunction with the spreadsheet deliverable, which will help to determine priority.

Compliance Report (ramps and sidewalks)
Upon completion of the data collection phase, IMS will process all data collected in the field to be displayed in GIS and for use in the analysis and prioritization routines for remediation. The end deliverable is an updated GIS database with sidewalk segments, ramp locations, obstruction locations, and distress locations, a prioritized ranking for ramp and sidewalk maintenance / rehabilitation, and a summarized report with the findings of the survey.

The prioritization rankings will be determined by the calculated SWCI, which factors in sidewalk condition, defects, and obstructions. The segments are then reported on a “worst-first” basis, along with recommended rehab strategies, and the estimated cost-of-repair, based on the City’s unit costs.

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City of Moreno Valley, CA
Sidewalk-ADA Ramp 2023-24 Project
IMS Infrastructure Management Services, LP 7

Ramps
Point Cloud Processing – The raw point cloud data from the LiDAR unit is processed into a useable format for use in TopoDOT for Microstation. Upon completion of the point cloud processing, IMS tiles the network for identification of the intersection ramps and delivery to our extraction team.

Smart Cell Extraction – The IMS extraction team
uses a Smart Cell library developed by IMS. The
Smart Cells are applied to each ramp in the point
cloud and sized according to the visible geometry of
the pedestrian curb ramp. Once sized, the Smart Cell
auto calculates all the geometric units of measure
identified in the Master Asset List (i.e., ramp slope,
landing slope, flare slope, facility dimensions, etc.)
Ramp Join & QC – The pedestrian curb ramp
geometric attributes are joined to the appropriate ramp and assigned to a Curb Ramp QC technician who validates the geometry measurements captured during Smart Cell Extraction. Any error or anomalies found during QC are corrected using the point cloud collected in the field.

Quality Control and Quality Assurance
Sidewalk and ramp inventory and condition GIS data goes through a series of quality checks before it is delivered.

These include:

General Review
The first QC/QA check involves an overall cursory scan of the dataset to visually identify any anomalies before proceeding with more detailed checks. This includes zooming to the extent of each feature class to ensure there are no extraneous features beyond the expected boundary of the data and opening each table and performing sample selections to ensure expected results are returned. A sort of each attribute should yield complete information without unexpected gaps. Any gaps are noted and further investig ated in subsequent checks.

Positional Accuracy
Positional accuracy checks ensure that features collected with mapping-grade GPS equipment reasonably align with aerial photographs and other relative datasets, such as street centerline.

Geometry Checks
Geometry checks ensure that features are of the expected geometry and that no invalid or null geometries exist.

These checks can also include connectivity checks if delivered features have expected geometric relationships, such as the relationship of a ramp point to a sidewalk line.

Database Schema Checks
Schema checks ensure that the delivered geodatabase conforms to the schema specifications outlined in the Master Asset List (MAL) at the onset of the project. Checks include a review of features, feature types and naming, attribute types and naming, coordinate system, and allowed geometries.

Attribute Completeness
Attribute completeness checks ensure that feature classes are fully populated according to domains outlines in the MAL. Logical consistency checks may be performed if a feature has multiple attribute relationships that need validated.

Ramp measurements are captured from the LiDAR point cloud using TopoDOT for Microstation.

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City of Moreno Valley, CA
Sidewalk-ADA Ramp 2023-24 Project
IMS Infrastructure Management Services, LP 8

Attribute Accuracy
Attribute accuracy checks ensure that the data captured in the feature class agree with the source data used to create the feature, which in this case is most often aerial photography and right of way imagery. Checking a random sample set of features ensures correct data capture and adherence to the MAL.

Project Deliverables Sidewalk Master Plan
Included with the sidewalk and ramp survey is the development of a prioritized sidewalk and ADA ramp rehabilitation and remediation plan. In addition to delivering a basic compliance report for each sidewalk section or ramp, IMS identifies the rehabilitation costs and develops a logical remaining service life for each sidewalk.

The following information is included in the enhanced IMS sidewalk and ADA ramp report:

1. Sidewalk and ramp location inventory/attribute report

2. Analysis parameters – will define/develop estimated
average sidewalk life, rehab max life, sidewalk
deterioration curves based upon IMS and staff outlooks, burden rates, and minimum percentage for gaps to be
filled.

3. Present condition ranking – detailed and summary
condition data including 0-100 SWCI, Good/Fair/Poor,
distress types, RSL, material, reviews of each ramp and ranking of the ramps.

4. Fix all deficiency costs – this identifies the upper limit of spending by rehabilitating all ramps and sidewalks to
meet ADA compliance requirements, assuming unlimited
funding. This will be developed for sidewalks, gap filling, missing terminus, and ADA ramp compliance.

5. Replacement program & funding levels – what funding
will be necessary to replace / repair what length of
sidewalks and ramps over a set duration.

6. Draft 5-year rehabilitation and prioritized
sidewalk/ramp plans – based on condition, available budget, and level of service constraints; three budget runs will be completed.

7. Final prioritized plan – incorporating feedback from stakeholder departments, complete with budget and level of service constraints.

Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to become an asset and extension of the City of Moreno Valley’s staff and team. If any questions arise, please do not hesitate to contact me at (480) 462-4030 or [email protected].

Regards,
IMS Infrastructure Management Services, LP
Jim Tourek
Client Services Manager
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IMS Infrastructure Management Services, LP
Resource Allocation Matrix
IMS Proposed Schedule for Moreno Valley, CA: Estimated Staff Hours by Task for Key Staff Keifer
Khosravifar
Nakhaei
Dew
Ghanbari
Foshee
Task Description Total Time
Estimate
1 Council Approval, Executed Agreement & NTP to
be Issued 2 weeks 4 12
2 GIS Acquisition, Re-segmentation, and Validation 4 weeks 2 4 4 3 Review Map Iterations and Approval 4 weeks 4
4 Kick-off Meeting (Virtual) 1 day 2 4 2 2
5 RST LCMS-2 Pavement Network Survey 3 weeks 4 8 4
6 Walk 2-5% of Segments for QC/QA 2 weeks 4 8 24 24
7 QC/QA Program for Collected Data 6 weeks 2 2 8 16
8 Deliver Network Condition Data/Analysis software
set-up 1 week 2 4 16
9 Pavement Condition Data Format for Load to
PAVER 1 week 2 4
10 PAVER Analysis & Draft Report 3 weeks 12 4 24
11 Final Project Deliverables & Close-out 2 weeks 2 8 4 8 Opt. Right-of-Way (ROW) Assets Development/Delivery 4 months 16 4 16 A.7.a
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IMS Infrastructure Management Services, LP
Kurt Keifer, PhD, PE
Principal-in-Charge
Kurt Keifer is the President of IMS. He has 25 years of experience with pavement testing, analysis, engineering, and management. He has implemented pavement management systems for municipal agencies across the United States and around the world. A major focus of his career has been developing and integrating automated pavement imaging and road surface profiling hardware and software technologies. Prior to joining IMS, Dr. Keifer served as the Director of Pavement Engineering at Gorrondona & Associates for five years and before that as Director of North American Consulting at Dynatest Consulting for a decade. Dr. Keifer also worked with the US Army Corps of Engineers for more than ten years developing the PAVER pavement management system and the image-based automated method for performing ASTM D6433 PCI inspections.

Recent Projects
Kern County, CA – Project Manager/Principal Engineer
In 2019, Dr. Keifer managed the implementation of a pavement management system and the automated ASTM D6433 PCI survey of 1,000 miles of the County’s roadways. International Roughness Index (IRI) ride quality data as well as rutting data were collected for each roadway as well. The collected data were uploaded to the County’s pavement management system, and the system was customized to reflect the County’s M&R practices and costs. In collaboration with the County team, Dr. Keifer developed five-year pavement preservation and M&R plans. Lastly, he provided onsite pavement management training to County staff in the spring of 2020.

Cook County, IL – Project Manager/Project Engineer
In 2010 and 2016, Dr. Keifer served as the Project Manager and Project Engineer for the pavement management system implementation and automated pavement condition survey for the County. The project included building and customizing a PAVER database and GIS for the County's more than 900 lane miles of roadway pavements, and collecting and interpreting PCI, IRI, and Ride Number using Dynatest's Digital Highway Data Vehicle. Multiyear, network-level budget requirements necessary to maintain the County's pavements, and annual, project level maintenance and rehabilitation needs were established.

City of Fort Worth, TX – Project Engineer/Project Manager Dr. Keifer served as Project Principal and Project Manager (2021-Pres.) of the City’s ROW asset inventory and pavement condition survey. The project included approximately 4,200 miles of City-managed arterial, collector, and local roadways as well as bus lanes. The asset inventory included collection of signs, sign supports, streetlights, signals, curb and gutter, pavement markings, speed bumps/cushions, sidewalks, and ADA pedestrian ramps. The pavement survey consisted of an automated ASTM D6433 PCI survey. International Roughness Index (IRI) data and rutting data were also collected for each roadway during the survey. The project team worked collaboratively with the City to customize the ASTM D6433 PCI calculation to account for different roadway functional classifications and surface types.

Town of Vienna, VA – Principal Engineer
Dr. Keifer served as Project Principal (2021) of the Town’s 2021 pavement condition surveys. The surveys consisted of an automated ASTM D6433 PCI survey of approximately 65 miles of Town-managed A-1
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IMS Infrastructure Management Services, LP
arterial, collector, and local roadways. IRI data and rutting data were also collected for each roadway during the survey. The project team worked collaboratively with the Town to customize the ASTM D6433 PCI calculation to account for different roadway functional classifications and surface types. The results from the pavement condition survey were used by the Town’s engineering division for identifying and prioritizing M&R activities. The data were also used by the Town’s planning division for reporting and illustrating the overall effectiveness of the Town’s M&R activities over the years.

Town of Smithtown, NY – Principal Engineer
In 2021, Dr. Keifer served as the Project Principal for the implementation of a pavement management system and the automated ASTM D6433 PCI survey of 475 miles of the Town’s roadways. IRI ride quality data and rutting data were collected for each roadway. The collected data was uploaded to the Town’s Central Square EAM pavement management system, The system was customized to reflect the Town’s M&R practices and costs. The IMS Team developed five-year pavement preservation and M&R plans.

City of Dallas, TX (In Progress) – Principal Engineer
Dr. Keifer serves as Principal Engineer of the city’s TxShare pavement condition survey, sidewalk inventory, and selected GPR testing project. The project includes approximately 6,000 miles of city- managed arterial, collector, and local roadways. The pavement survey consists of an automated ASTM D6433 PCI survey and the city’s first E3303 pavement condition survey, which is being run in parallel.

International Roughness Index (IRI) data and rutting data are collected for each roadway during the survey. Collected data will be delivered in a geodatabase and integrated with the city’s existing pavement management system.

City of Bedford, TX – Principal Engineer
In 2022, Dr. Keifer oversaw the implementation of a pavement management system project for the City of Bedford, TX. Using automated technology to collect pavement data that adhered to ASTM D6433 standards, a pavement condition database was created. This data was then utilized to populate IMS's in- house pavement management program, ESA. Dr. Keifer collaborated with the IMS project manager and the city to create a short-term CIP for pavements and continues to provide ongoing training and support for the use of ESA.

City of Lancaster, TX – Principal Engineer
In 2019 and again in 2022, Dr. Keifer was the Principal Engineer for the City of Lancaster, that was involved with right-of-way (ROW) asset and updated the pavement management system. The project involved collecting ASTM D6433-compliant pavement surface data using automated LCMS-2 equipment and collecting inventory of support and sign database. The IMS team submitted individual street and alley conditions to the council and used zone-based analysis in the ESA to create separate plans for the streets and alleys. This approach addressed the challenge of distinguishing between the two and provided the city with two distinct plans.

Education
BS, MS, PhD Civil and Environmental Engineering, University of Illinois at Urbana-Champaign Credentials
25 Years of Experience | 3 Years with IMS | Licensed PE in Texas, Arizona, Georgia, Illinois, North Dakota, South Dakota, Kansas, Maryland, Florida
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IMS Infrastructure Management Services, LP
Sadaf Khosravifar, PhD, PE
Project Manager
Sadaf Khosravifar is a professional engineer and researcher with 10 years of industrial and research experience in pavement engineering. Her background includes pavement evaluation, performance, design, pavement and asset management, and GIS. She has advanced proficiency in several nondestructive pavement evaluation technologies including automated pavement condition surveys using 3D LCMS-2, falling/heavy/lightweight deflectometer and Dynaflect, traffic speed deflectometer (iPAVE and RAPTOR), GPR, and friction test devices, as well as specialized experience using pavement/asset management software such as StreetSaver, PAVER, Lucity, Cartegraph, and StreetLogix among others.

Recent Projects
Tehama County, California – Engineering Subject Matter Expert Sadaf provided engineering expertise to the IMS team in 2022. Work included implementing a pavement management system and performing a linear automated pavement condition assessment on approximately 830 centerline miles of the County roadway network. In addition, deflection testing using FastFWD was conducted on 240 survey miles. IMS forecasted the condition of the County’s roadways and developed practical M&R recommendations. To make this information more accessible, IMS created an online GIS-based StoryMap, which displayed pavement condition and M&R recommendations. Data was loaded into IMS’ ESA spreadsheet and formatted for upload into StreetSaver.

City of Long Beach, CA – Project Manager
In 2021, Dr. Khosravifar oversaw a comprehensive pavement management project for the City of Long Beach. The survey consisted of an automated ASTM D6433 PCI survey of approximately 1,010 centerline miles of City-managed roads as well as International Roughness Index (IRI) data collection. Structural testing was also conducted on the entire network using a falling weight deflectometer to assess the structural integrity (SI) of the structure of pavement structures. IMS developed multiple online interactive maps for the City. Dr. Khosravifar worked closely with the client and the project team to review and confirm the project objectives, scope of work, schedule, deliverables, necessary labor and equipment resources, and performed structural analysis and pavement management analysis using the Lucity enterprise asset management program. Dr. Khosravifar developed a framework to use the pavement condition data to split the total budget between council districts based on total maintenance need of districts. Dr. Khosravifar used this framework to develop a need-based five-year program for the City. Finally, she developed online interactive mapping tools powered by ESRI including a StoryMap for sharing the outcomes of the study with citizens, a dashboard to present the major findings to the council, and an asset management application for City engineers’ regular consumption.

City of Beaverton, OR – Project Manager
In 2021, Dr. Khosravifar oversaw a comprehensive pavement condition survey project for the City of Beaverton, Oregon. The survey consisted of an automated ASTM D6433 PCI survey of approximately 225 centerline miles of City-managed roads as well as IRI data collection. Structural testing was conducted on the arterials and collectors using a dynaflect system to assess the structural integrity of the structure.

The scope of work also included curb and gutter condition assessment. Condition data was delivered in a geodatabase for importing to City’s CityWorks Asset management program. Sadaf worked closely with the client and the project team to review and confirm the project objectives, scope of work, schedule, deliverables, necessary labor and equipment resources, and led the technical efforts for the project.

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IMS Infrastructure Management Services, LP
Pavement Condition Survey and Pavement Management, City of Pasco, WA – Project Manager In 2021, Dr. Khosravifar oversaw a comprehensive pavement management implementation project for the City of Pasco, Washington. The survey consisted of an automated ASTM D6433 PCI survey of approximately 336 centerline miles of City-managed roads as well as International Roughness Index (IRI) data collection. The project also involved implementation of StreetLogix online Street Asset Management program. Dr. Khosravifar worked closely with the client and the project team to review and confirm the project objectives, scope of work, schedule, deliverables, necessary labor and equipment resources, and led the technical efforts for the project. Dr. Khosravifar also implemented and customized the StreetLogix program for the City, performed a comprehensive pavement management analysis, and developed a five-year maintenance and rehabilitation plan for the City based on the City’s objectives and priorities. As part of the analysis, Dr. Khosravifar developed a framework to prioritize historically underrepresented parts of the city during project selection and work planning.

Pavement Condition Survey and Pavement Management, Village of Kildeer, IL – Project Manager In 2021, Dr. Khosravifar oversaw a comprehensive pavement management project for the Village. The survey consisted of an automated ASTM D6433 PCI survey of approximately 32 centerline miles of roads as well as IRI data collection. Dr. Khosravifar worked closely with the client and the project team to review and confirm the project objectives, scope of work, schedule, deliverables. She implemented the PAVER pavement management system for the village and customized it with Village specific parameters and ran several network-level ‘what-if’ scenarios to depict the consequence of different budgets on long term pavement conditions and rehabilitation backlog in the Village.

Pavement Condition Survey and Pavement Management, Village of Lake Bluff, IL – Project Manager
In 2021, Dr. Khosravifar oversaw a comprehensive pavement management project for the Village of Kildeer. The survey consisted of an automated ASTM D6433 PCI survey of approximately 31 centerline miles of roads as well as International Roughness Index (IRI) data collection. Dr. Khosravifar worked closely with the client and the project team to review and confirm the project objectives, scope of work, schedule, deliverables.

City of Mansfield TX – Project Manager
In 2021, Dr. Khosravifar oversaw a comprehensive pavement management project for the City of Mansfield. The survey consisted of an automated ASTM D6433 PCI survey of approximately 294 centerline miles of City-managed roads as well as International Roughness Index (IRI) data collection. Dr.

Khosravifar worked closely with the client and the project team to review and confirm the project objectives, scope of work, schedule, deliverables, necessary labor and equipment resources, and performed pavement management analysis using the ESA pavement management program and developed a five-year program for the City.

Education
PhD and MS in Geotechnical and Pavement Engineering, University of Maryland BS in Civil and Environmental Engineering, Sharif University of Technology Credentials
14 Years of Experience | 2 Years with IMS | Licensed PE in Maryland, Texas, and Virginia A-4
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IMS Infrastructure Management Services, LP
Mostafa Nakhaei, PhD, EIT
QA/QC
Mostafa Nakhaei is a project engineer and Sr. Data Scientist at IMS. His entire 9 years professional career has been dedicated to pavement engineering with experience in roadway construction, pavement management, pavement structural design, laboratory testing, FWD testing. With his dual degree in Data Science, he has developed several computer programs such as “MASTIC” and “Back-MASTIC” for layered elastic analysis and pavement modulus backcalculation. Dr. Mostafa Nakhaei was the lead developer for the ISA software package at IMS, which uses deep learning to analyze structural data.

He also developed ERSA, a software for backend processing of LCMS-2 systems. He has experience in implementing pavement management systems for municipal agencies in the United States and he is proficient with several pavement and asset management software packages such as AgileAssets, Paver, StreetSaver, Lucity, and Cartegraph.

Recent Projects
City of Allen, TX – Project Manager
In 2022, Dr. Nakhaei was responsible for overseeing the implementation of pavement management systems for 600 test miles of City-managed roadways. This survey consisted an automated pavement condition survey using ASTM D6433 standards. The majority of Allen’s network consisted of Portland cement concrete (PCC) segments in good and excellent condition. It is well-established in the industry that capturing PCC distresses using automated equipment is challenging due to occasional detection issues on PCC segments. To ensure high-quality data on PCC segments, a rigorous quality control (QC) protocol was implemented, including the use of semi-automated software called NOMAD that allowed raters to input their observations during the collection process. Upon completion project was successfully entered in Easy Street Analysis (ESA).

City of Euless, TX – Project Manager
In 2022, Dr. Nakhaei managed the implementation of a pavement management system for the city's roadways. The project involved conducting an automated ASTM D6433 PCI survey of 184 test mile of the City's roadways and collecting International Roughness Index (IRI) ride quality data as well as rutting data for each roadway. Structural testing was also conducted on the arterials and collectors, totaling 81 miles, using a Fast FWD system to assess the network's structural in tegrity (SI). The project utilized ESA for pavement management. In collaboration with the City team, Dr. Nakhaei developed five-year pavement preservation and maintenance and repair plans. He also provided ESA training to City staff to ensure the effective use of the software and data. Overall, Dr. Nakhaei’s efforts helped the City to better understand the condition of their roadways, identify critical areas for maintenance and repair, and develop plans to effectively manage their road network.

City of Grand Prairie, TX – Principal Engineer
In 2021, Dr. Nakhaei served as principal engineer for the City’s comprehensive pavement management program. This survey consisted of an automated ASTM D6433 PCI survey of approximately 211 miles of City-managed arterial, collector, and local roadways. International Roughness Index (IRI) data and rutting data were also collected for each roadway during the survey. The project team worked collaboratively with the City to customize the development of projects into practical sizes so the city can easily maintain it for the next five years. This project involved implementation of Easy Street Analysis (ESA) for pavement A-5
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IMS Infrastructure Management Services, LP
management. However, since the city network was composed of many composite surface pavements, additional functionality was made to the program so that ESA can handle more rehab strategies for composite pavements. This custom-built improvement lay the foundation for city’s five-year plan strategy.

City of Deerfield Beach, FL – Principal Engineer
In 2021 and 2022, Dr. Nakhaei oversaw a comprehensive pavement management project for the city of Deerfield Beach, FL. The survey consisted of an automated pavement condition survey of approximately 136 miles of city’s roadways (based on ASTM D6433) as well as International Roughness Index (IRI) data collection. He worked closely with city staff and engineers throughout the project to review and confirm the project goals, objectives, scope of work, and schedule. Easy Street Analysis (ESA) was used to optimize the rehabilitation strategies for the city for the next five years.

Manhattan, KS – Principal Engineer
In 2021 and 2022, Dr. Nakhaei managed the implementation of a pavement management system and the automated ASTM D6433 PCI survey of 71 miles of the city’s roadways. International Roughness Index (IRI) ride quality data as well as rutting data were collected for each roadway as well. Structural testing was also conducted on the arterials and collectors using a dynaflect system to assess the structural integrity (SI) of the structure. This project uses Paver for pavement management. In collaboration with the city team, Dr. Nakhaei is developing five-year pavement preservation and M&R plans.

Education
PhD Civil & Environmental Engineering, National Center for Asphalt Technology (NCAT) at Auburn University (08/17/2021)
MS in Data Science, Auburn University (12/15/2020)
MS in Civil & Environmental Engineering, University of Tehran (09/15/2015) BS in Civil & Environmental Engineering, University of Sistan and Baluchistan (09/15/2012) Credentials
9 Years of Experience | 2 Years with IMS
EIT in Texas
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IMS Infrastructure Management Services, LP
Amir Ghanbari, PhD, EIT
Project Engineer
Amir Ghanbari has extensive experience with pavement management systems, non-destructive testing and falling weight deflectometer back calculations, pavement condition index analysis, pavement life cycle cost analysis and preservation techniques, highway and airport pavement design, and asphalt material characterization. He has also contributed to several FHWA reports and 20 published articles. Amir is proficient with various types of pavement/asset management software such as AgileAssets, Paver, StreetSaver, and Lucity.

Recent Projects
City of Ridgecrest, California – Project Engineer
Supported the team as project engineer to assess the condition of the city’s roadways and develop multi-year M&R activities. Work included assessing the impact of a recent earthquake on the city’s roadways. IMS determined the location of several “extremely wide” cracks throughout the city, developed a crack map, and worked with the city’s team to develop patching recommendations.

City of Garden Grove, California – Project Engineer
Amir supported the pavement evaluation of 363 centerline miles of roadway using an LCMS-2-equipped RST for the city in 2022. As project engineer, Amir reviewed the data to ensure it met the OCTA reporting requirements necessary for a successful upload into the PAVER application. He worked alongside the team to deliver a seven-year cost-of-deferral analysis using IMS’ ESA spreadsheet.

City of El Monte, California – Project Engineer
In 2022, Amir provided project control and engineering support to the team during the ASTM D6433 pavement condition survey of 207 centerline miles for the city. He supported daily activities, including the data load into IMS’ ESA spreadsheet and the city’s PAVER application. The project included the development of online interactive mapping tools powered by Esri. This included a StoryMap to share the outcome of the study with constituents and a dashboard to present major findings to city council.

Previous Experience
Prior to joining IMS, Amir supported several pavement management programs across the United States and Canada. He was an integral part of ongoing AgileAssets services for the Alaska DOT and Manitoba, Canada. He is well versed in Python scripting, using it to automate the import of distress data into PAVER. Amir also developed interactive dashboards and used VBA within Excel to calculate PCI.

Education
PhD in Pavement Engineering, North Carolina State University MS in Transportation Material, Sharif University of Technology BS in Civil Engineering, Sharif University of Technology Credentials
9 Years of Experience | 1 Year with IMS | EIT in North Carolina A-7
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IMS Infrastructure Management Services, LP
Megan Foshee, EIT
Project Engineer
Megan Foshee, EIT is a recent graduate of the Civil and Environmental Engineering master’s program at Auburn University. Her research at Auburn University’s National Center for Asphalt Technology (NCAT) focused on the structural analysis of several asphalt pavement test sections at the world- renowned Test Track. She is proficient in using many pavement analysis and design softwares, such as WESLEA, MEPDG, PerRoad, KENPAVE, FlexPAVE, and Evercalc. Megan is an Engineer in Training (EIT) in California and has already passed the Principles and Practice of Engineering (PE) exam.

Recent Projects
Peachtree Corners, GA | Project Manager
The purpose of this project was to collect and process pavement surface and structural condition data, provide georeferenced pavement imagery, load the condition data into Easy Street Analysis (ESA), run several ESA budget scenarios, and provide a comprehensive final report to the City.

Allen, TX | Project Engineer
Ms. Foshee contributed to the project by helping review the report and attending the Council Presentation in-person.

Dallas, TX | Project Engineer
Ms. Foshee contributed to the project by attending a few in-person meetings with the client since she lives in the area. In one of the meetings, she showed the client the Road Surface Tester (RST) vehicle and explained how its technology works. She explained the functions and purposes of the Laser Crack Measurement System (LCMS) and high-definition cameras and walked them through all of IMS’ processes.

Flower Mound, TX | Project Engineer
Ms. Foshee contributed to the project by working directly with the client, reviewing the pavement condition data, and performing the network analysis. She met with the client on several occasions to discuss details to be incorporated in the analysis and corresponded with them regularly to ensure the project proceeded according to schedule.

Mustang, OK | Project Manager
The purpose of this project was to collect and process pavement condition data, provide georeferenced pavement imagery, load the condition data into Easy Street Analysis (ESA), and run several ESA budget scenarios for the City.

Education
Bachelor of Civil Engineering, Auburn University
MS in Civil and Environmental Engineering – Pavements & Materials, Auburn University Credentials
3 Years of Experience | 1 Year with IMS | EIT in California | OCTA Certified Pavement Rater A-8
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IMS Infrastructure Management Services, LP
Certificate of Insurance
COI - 1
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EXHIBIT “C”

CITY - SERVICES TO BE PROVIDED

TO CONSULTANT

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

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

3. Provide timely City staff liaison wit h the Consultant w hen requested and when reasonably needed.

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EXHIBIT “D”

TERMS OF PAYMENT

1. The Consultant's compensation sha ll not exceed $574,683 .

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

3. The Consultant will el ectronically submit an invo ice to the City along with documentation evidencing services completed to date as specified in the Request for Proposal. Progress payments will be made in accordance with the payment schedule outlined in the Request for Pr oposal, but in no case will progress payments be made to the Cons ultant more frequently t han once per month. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progr ess payment shall be final. The consultant will submit all original invoices to Capital Projects Division staff at [email protected]. Accounts Payable questions can be directed to (951) 413-3130.

4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be A.7.a
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completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

5. The minimum information required on all invoices is:

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

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

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IMS Infrastructure Management Services IMS Summary of Fees 2023_Moreno Valley page 1 Amended PMP Fees:

Adds ROW, SST, Lidar
IMS Infrastructure Management Services, LP
1750 S. Los Feliz Dr., # 111, Tempe, AZ 85281
Phone: (480) 839-4347 Fax: (480) 839-4348
www.imsanalysis.com
To: Quang Nguyen, PE, MPA, Capital Projects
Principal Engineer
Date: September 5, 2023
From: Jim Tourek, Client Services Manager Project: Moreno Valley, CA Subject: 2023 Pavement/ ROW Data Collection & Mgt. Project No:

Thank you for taking the time to review the pavement data collection services offered by IMS Infrastructure Management Services. For the 2023 project, IMS has included right-of way assets, and enhanced sidewalk survey and analysis and a curb ramp ADA compliance survey – as follows:

Proposed Project Summary of Fees:

Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to be a valuable asset and extension of the City of Moreno Valley’s staff and team. If any questions arise, please do not hesitate to contact me at (480) 462-4030 or [email protected].

IMS Infrastructure Management Services, LP

Jim Tourek
Client Services Manager
Task Activity Quant Units Unit Rate Total
1 Project Meetings 1 LS $7,500.00 $7,500.00
2 Work History (from City Spreadsheet w/GISIDs to PAVER, Since Last Survey) 12 HR $150.00 $1,800.00 3 LCMS-2 RST Field Data Collection (1-pass Arterials, Collectors & Locals: 490 Miles) 1 LS $54,740.00 $54,740.00 4 PAVER Inventory 1 LS $3,500.00 $3,500.00
5 PAVER Database Update & Analysis 1 LS $4,500.00 $4,500.00 6 PAVER - IMS Reporting & Submittals 1 LS $4,950.00 $4,950.00 7 PMS-GIS Layer Update 1 LS $3,000.00 $3,000.00
8 5-Days of Technical Support Including CIP Work & City Council Presentation 1 LS $9,000.00 $9,000.00 RFP Requested Optional Services
ROW Opt. Right of Way Assets (ROW) [GPS & Camera Config.: Select Once w/Any Asset Below] 167 T-Mi $110.00 $18,370.00 incl.2-pass LCMS-2 RST Field Data Collection (2-pass Arterials & Collectors: Needed for Right-of-Way Assets) 1 Sign & Support Database Development 624 T-Mi $75.00 $46,800.00 2 Driveway Aprons Database Development 624 T-Mi $22.00 $13,728.00 Enhanced Sidewalk Condition Survey (SST)
Task Activity Qty Units Unit Rate Total
Detailed Pedestrian Ramp ADA Compliance Survey (Lidar)
Task Activity Qty Units Unit Rate Total
Sidewalk Condition Assessment: $249,670.00
Curb Ramp ADA Survey: $157,125.00
IMS Project Total: $574,683.00
Moreno Valley, CA: 2023-24 IMS Pavement Condition Data Collection PMP Project Sub-Total: $88,990.00
ROW Asset Project Sub-Total: $78,898.00
2023-24 Sidewalk Assessment & Analysis: 825 Sidewalk Miles & Ramp Detailed Assessment: 3,000 Ramps (Excludes 180-200 Miles of Streets w/o Sidewalks ) A.7.a
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IMS Infrastructure Management Services, LP Page 1 IMS Proposal for
Professional Services
To: Quang Nguyen, PE, MPA, Capital Projects
Principal Engineer
Date: September 5, 2023
From: Jim Tourek, Client Services Manager Project: Moreno Valley, CA Subject: 2023-24 Sidewalk/ Ramp Assessment Services Project No:

IMS Infrastructure Management Services excels in pavement, sidewalk, and asset management solutions and can provide a full suite of data collection services. The budget presented below is based on the Cit of Moreno Valley’s estimated 825 miles of Sidewalks/ an est. 3k Ramps, deliverables from IMS’ plan as outlined within this quote. IMS brings significant regional experience and expertise to meet the City’s pavement condition assessment, right-of-way asset, and software integration. For Sidewalk surveys, IMS has completed similar Sidewalk and Curb Ramp projects for Fontana, Porterville, and Upland, CA (currently underway), Atlanta, GA, Baytown, TX; Bremerton, WA; North Lauderdale, Deltona, FL; and many others (including an award from Davie, FL last month). Here are our proposed scope of work and fees:

Task Activity Qty Units Unit Rate Total
Project Initiation
SW-1 Project Initiation & Kickoff 1 LS $3,000.00 $3,000.00 SW-2 Sidewalk & Linework & GIS Survey Prep (If Not Already Selected from PMP Optional Services) 825 City SW-Mi $22.00 $18,150.00 SW-3 Master Asset List Development & Survey Setup 1 LS $2,500.00 $2,500.00 Field Surveys
SW-4 Sidewalk Surface Tester (SST) Mobilization 1 LS $3,000.00 $3,000.00 SW-5 SST Sidewalk Data Collection 825 City SW-Mi $175.00 $144,375.00 SW-6 SST Sidewalk Data Processing and QC/QA 825 City SW-Mi $65.00 $53,625.00 Data Management
SW-7 Process & Deliver SST HD Video 825 City SW-Mi $10.00 $8,250.00 SW-8 Sidewalk Condition Data Load to Analysis Spreadsheet 1 LS $5,250.00 $5,250.00 SW-9 Sidewalk Analysis & Rehab Prioritization 1 LS $7,500.00 $7,500.00 SW-10 Project Management 1 LS $4,020.00 $4,020.00
Task Activity Qty Units Unit Rate Total
L-1 Project Initiation & Kickoff 1 LS $3,000.00 $3,000.00 L-2 ADA Ramp Linework & GIS Survey Prep (If Not Already Selected from PMP Optional Services) 980 T-Mi $30.00 $29,400.00 L-3 Master Asset List Development & Survey Setup 1 LS $2,500.00 $2,500.00 Field Surveys
L-4 Mobilization/Calibration Lidar Mounted Unit 1 LS $3,000.00 $3,000.00 L-5 Lidar ADA Pedestrian Ramp Field Data Collection 980 T-Mi $75.00 $73,500.00 Data Management
L-6 Process & Deliver Ladybug ROW imagery 980 T-Mi $10.00 $9,800.00 L-7 Lidar Ramp Measurement Extraction 3,000 EST. # Ramps $7.00 $21,000.00 L-8 Ramp Visual Condition Assessment (from imagery) 3,000 EST. # Ramps $2.50 $7,500.00 L-9 Aggregate Condition Data into Final Geodatabase 1 LS $5,000.00 $5,000.00 L-10 Project Management 1 LS $2,425.00 $2,425.00
Additional Lidar Services
L-11 ADA Transition Plan Development
L-12 Lidar Crosswalk (Intersection) Measurement Extraction L-13 Crosswalk (Intersection) Visual Condition Assessment (from imagery) Special Quote
Special Quote
Project Total: $406,795.00
Special Quote
Moreno Valley, CA: FY24 Base Scope of Services
2023-24 Sidewalk Assessment & Analysis: 825 Sidewalk Miles & Ramp Detailed Assessment: 3,000 Ramps (Excludes 180-200 Miles of Streets w/o Sidewalks ) Enhanced Sidewalk Condition Survey
Sidewalk Condition Assessment: $249,670.00
LiDAR - Pedestrian Ramp ADA Compliance Survey
Curb Ramp ADA Survey: $157,125.00
IMS Infrastructure Management Services, LP
1750 S. Los Feliz Dr., # 111, Tempe, AZ 85281
Phone: (480) 839-4347 Fax: (480) 839-4348
www.imsanalysis.com
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IMS Infrastructure Management Services, LP
Cost Proposal
Task Activity Quant Units Unit Rate Total
1 Project Meetings 1 LS $7,500.00 $7,500.00
2 Work History (from City Spreadsheet w/GISIDs to PAVER, Since Last Survey) 12 HR $150.00 $1,800.00 3 LCMS-2 RST Field Data Collection (1-pass Arterials, Collectors & Locals: 490 Miles) 1 LS $54,740.00 $54,740.00 4 PAVER Inventory 1 LS $3,500.00 $3,500.00
5 PAVER Database Update & Analysis 1 LS $4,500.00 $4,500.00 6 PAVER - IMS Reporting & Submittals 1 LS $4,950.00 $4,950.00 7 PMS-GIS Layer Update 1 LS $3,000.00 $3,000.00
8 5-Days of Technical Support Including CIP Work & City Council Presentation 1 LS $9,000.00 $9,000.00 RFP Requested Optional Services
SEE NEXT PAGE FOR REQUESTED OPTIONAL SERVICES (Right-of-Way Assets) > Moreno Valley, CA: 2023-24 IMS Pavement Condition Data Collection Project Total: $88,990.00
Cost - 1
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IMS Infrastructure Management Services, LP
Task Activity Quant Units Unit Rate Total
RFP Requested Optional Services
ROW Opt. Right of Way Assets (ROW) [GPS & Camera Config.: Select Once w/Any As s et Below] 167 T-Mi $110.00 $18,370.00 incl.2-pass LCMS-2 RST Field Data Collection (2-pass Arterials & Collectors: Needed for Right-of-Way Assets) 1 Sign & Support Database Development 624 T-Mi $75.00 $46,800.00 2 Sidewalk Database Development 624 T-Mi $22.00 $13,728.00 3 Curb Ramp Database Development 624 T-Mi $30.00 $18,720.00 4 Pavement Markings & Striping Database Development 624 T-Mi $50.00 $31,200.00 5 a. P
avement Striping I ncluded with Markings Database Development 624 T-Mi $0.00 $0.00 6 Curb Markings Database Development 624 T-Mi $22.00 $13,728.00 7 Driveway Aprons Database Development 624 T-Mi $22.00 $13,728.00 Additional Optional/ Value-Added Services
SEE NEXT PAGE FOR ADDITIONAL VALUE-ADDED SERVICES PROVIDED by IMS > Moreno Valley, CA: 2023-24 IMS Pavement Condition Data Collection Cost - 2
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IMS Infrastructure Management Services, LP
Task Activity Quant Units Unit Rate Total
Additional Optional/ Value-Added Services
13 Walking Re-Surveys on 2-5% of Street Sections (per QC/QA Team or City Staff) 1 LS $7,500.00 $7,500.00 14 PAVER Enhancement Tool: 5-Year Rehab Plan & Budget Development. Easy Street

1 LS $1,250.00 $1,250.00
a. "ESA - Eas y Street Analys is " Pavement Management Spreads heet Software In cluded in Base Activities b. C
ustomizable Prioritization & Cost-Benefit Analysis Included in Base Activities c. U
nlimited Access - Training Library Included in Base Activities d. O
nline ESA Spreadsheet Training via Teams Included in Base Activities 15 PAVER v7.1 (2 seats) Supply for City Staff to Install 1 LS $1,000.00 $1,000.00 16 a. 2 Additional V7.1 PAVER Installs: Includes 2 Installs/Seats per package 1 PKG. $250.00 $250.00 17 Collaborative Sharing of PAVER (IIT) TBD , Based on # of Users 18 Annual PAVER Renewal Subscription (2 Seats) 1 YR/EA $1,000.00 $1,000.00 19 PAVER Management Section Review & Update 1 LS $2,750.00 $2,750.00 20 PAVER Project Formulation 1 LS $4,500.00 $4,500.00
21 PAVER Training - Onsite 2 DA $2,500.00 $5,000.00
22 PAVER Training - Remote 16 HR $175.00 $2,800.00
23 FastFWD Mobilization for Deflection Testing 1 LS $3,024.00 $3,024.00 a. Arterial & Collector Deflection Testing (2-pass Arterials & Collectors only) 344 T-Mi $135.00 $46,440.00 b. Data Analysis of Deflection Testing 16 HR $175.00 $2,800.00 c. Safety Vehicle & Operator (If needed, City to Provide; IMS Est. 0-56 Hrs.) 0 HR $110.00 $0.00 24 Update Pavement Asset Database Years 2 thru 4 (Recently Completed Improvements) 3 EA YR $2,000.00 $6,000.00 a. Create a New 5-Year Pavement Improvement Plan Analysis w/Maps (Yrs 2 thru 4) 3 EA YR $1,250.00 $3,750.00 25 Collection & Delivery of HD Digital Images, 20' Intervals (Front View) 624 LS $12.00 $7,488.00 26 Annual Fee: Downward Images in Inform Continuous Intervals (Web Bas ed; No Crack Dis play) 1 EA YR $4,000.00 $4,000.00 a. Data Fee for Hosting 624 T-Mi $5.00 $3,120.00
e. Curb & Gutter Database Development 624 T-Mi $22.00 $13,728.00 f. Traffic Signals/ Flashers. Controllers Database Development 624 T-Mi $25.00 $15,600.00 g. Street Lights Database Development 624 T-Mi $45.00 $28,080.00 h. Drop Inlets Database Development 624 T-Mi $22.00 $13,728.00 i. Drivepads Database Development 624 T-Mi $22.00 $13,728.00 j. Bridges Database Development 624 T-Mi $25.00 $15,600.00 k. Street Furniture Database Development 624 T-Mi $25.00 $15,600.00 l. Cattle Guards Database Development 624 T-Mi $22.00 $13,728.00 m. Speed Humps Database Development 624 T-Mi $25.00 $15,600.00 n. Guardrails & Roadside Pedestrian Fence Database Development 624 T-Mi $22.00 $13,728.00 o. Catch Basins/ Drainage Inlets Database Development 624 T-Mi $22.00 $13,728.00 p. Culverts & Ditches Database Development 624 T-Mi $22.00 $13,728.00 q. Cabinets Database Development 624 T-Mi $22.00 $13,728.00 r. Utility Poles Database Development 624 T-Mi $45.00 $28,080.00 s. Fire Hydrants Database Development 624 T-Mi $22.00 $13,728.00 t. Medians Database Development 624 T-Mi $22.00 $13,728.00 u. Valves Database Development 624 T-Mi $32.00 $19,968.00 v. Manhole Covers Database Development 624 T-Mi $25.00 $15,600.00 w. Trees Database Development 624 T-Mi $55.00 $34,320.00 27 IMS Web-Story Map of City's Pavement Condition (Ext. Portal or for Internal Staff) 1 EA $7,500.00 $7,500.00 a. Years 2 & 3 Annual Updates of Rehabs; Update 2 EA $2,000.00 $4,000.00 28 Non-Standard Written Report (Min. 8-Hours; beyond at Hourly Rate) 8 HR $150.00 $1,200.00 29 Additional or Specialty Maps for Reporting (Beyond Typical 2 Sets) 1 EA $175.00 $175.00 30 Additional Hard Copies of the Final Report (>3 Sets Included) 1 EA $200.00 $200.00 31 Functional Class Review 16 HR $175.00 $2,800.00
32 GIS Clean-up Services 6 HR $175.00 $1,050.00
33 LiDAR ADA Compliance Survey Sub-Total: Available Upon Request 34 Sidewalk Survey & Analysis Total: Available Upon Request 35 Software Evaluation Needs Assessment 1 LS $1,750.00 $1,750.00 36 Convert Street Layer Polylines to Polygons 624 T-Mi $6.00 $3,744.00 37 Convert Street Layer Polygons to Polylines 624 T-Mi $20.00 $12,480.00 Moreno Valley, CA: 2023-24 IMS Pavement Condition Data Collection Cost - 3
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Moreno Valley, California | RFP No. 2023-017 / 801 0083 August 24, 2023
IMS Infrastructure Management Services, LP
Standard Hourly Rates
Role(s) Rate
Principal and Senior Engineer $240/hour
Intermediate Engineer and Data Analyst $175/hour
Junior Engineer, Senior Technologist, and Crew Chief $100/hour Technologist and Administrator $90/hour
Cost - 4
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Attachment: Agreement with IMS_Project 801 0083 (6325 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

EXHIBIT “E”

INSURANCE REQUIREMENTS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

Minimum Limits of Insurance

Consultant shall maintain limits of liability of not less than:

1. General Liability:

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

2. Automobile Liability:

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

3. Employer’s Liability:

$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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4. Professional Liabilit y (Errors and Omissions):

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

Umbrella or Excess Insurance

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

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

1. The City of Moreno Valley, the City of Mo reno Valley Community Services District, the Moreno Valley Housing Authority, and each of t heir officers, officials, employees, agents and volunteers are to be covered as additional insureds.

2. The coverage shall contain no specia l limitations on the scope of protection afforded to the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.

3. Consultant’s insurance coverage sha ll be primary and no cont ribution shall be required of City.

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

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form:

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

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

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

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

5. These requirements shall survive expi ration or termination of the Agreement.

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

Acceptability of Insurers

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

Verification of Coverage

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

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Report to City Council

ID#6379 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: October 3, 2023

TITLE: SECOND READING - MUNICIPAL CODE AMENDMENTS
TO MODIFY PROVISIONS IN TITLE 8, SECTION 8.21.020
– PERMITS REQUIRED AND SECTION 8.21.1 60 –

EROSION CONTROL

RECOMMENDED ACTION
Recommendation:

1. Conduct second reading by title only and Adopt Ordinance No. 1001. An Ordinance of the City Council of the City of Moreno Valley, California, thereby amending the City of Moreno Valley Municipal Code Sections 8.21.020 and

8.21.160 related to permits required and erosion control.

SUMMARY

On September 5, 2023, the City Council introduced and read by title only Ordinance No. 1001 and also scheduled the second reading and adoption for the October 3, 2023 Council Meeting by a 5-0-0 vote. The adopted Ordinance will a ugment the threshold (which triggers the requirement of a grading permit) for site disturbance amount in terms of area. In addition, it will specify the threshold for site disturbance am ount when an erosion control plan is required. The amended language will confirm the City is consistent with Federal Emergency Management Agency (FEMA) Community Rating System (CRS) guidelines.

FISCAL IMPACT

There is no fiscal impact to the General Fund associated with the proposed ordinance.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

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Moreno Valley City CouncilOctober 3, 2023

Moreno Valley City Council
October 3, 2023