Moreno Valley City Council
October 17, 2023

The inaugural Fun Color Run will begin and conclude in the Civic Center Amphitheater parking lot. The Fun Color Run consists of two flights: "Group 1” will be released at 9:00 a.m., and “Group 2” will be released at 9:30 a.m. Runners, joggers, and walk ers will travel a pre -determined two-mile course. As participants navigate the course, they will be afforded the option to be sprayed with different color s of corn starch . At the end of the course, all participants will gather for concluding remarks and prizes. Event organizers anticipate approximately 500 participants.

The Fun Color Run Path of Travel:

Event participants will depart the Civic Center’s parking lot and proceed onto Frederick Street. Once on Frederick Street, participants will travel no rth to Alessandro Boulevard and make a right turn. After turning right onto Alessandro Boulevard, participants will proceed eastbound in the eastbound lanes of Alessandro Boulevard to Graham Street.

Upon reaching the intersection of Alessandro Boulevard and Graham Street, participants will turn right and head southbound on Graham Street to Brodiaea Avenue.

When the participants reach Graham Street and Brodiaea Avenue, they will proceed westbound on Brodiaea Avenue to Frederick Street. Participants will travel northbound on Frederick Street from Brodiaea Avenue to Calle San Juan De Los Lagos, turning left and proceeding west. Finally, participants will turn right and proceed northbound on Veterans Avenue to the west entrance of the Civic Center Amphithe ater’s parking lot to the finish line.

Proposed road closures are as follows:
a. Eastbound lanes of Alessandro Boulevard between Frederick Street and Graham Street
b. Graham Street between Alessandro Boulevard and Brodiaea Avenue c. Brodiaea Avenue between Graham Street and Frederick Street d. Frederick Street between Resource Avenue and Alessandro Boulevard e. Corporate Way
f. Resource Way
g. Calle San Juan De Los Lagos between Frederick Street and Veterans Way h. Veterans Way between Calle San Juan De Los Lagos and Alessandro Boulevard
As part of the Fun Color Run planning process, businesses and residents potentially impacted by the street closures receive written notification of the scheduled street closures. The Moreno Valley Parks & Community Services Department will complete all written notices. Additional advanced public notices will be made via the City’s MVTV -3 broadcast system, the City’s website, and electronic message boards. The Moreno A.12
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Valley Police Department will n otify the Moreno Valley Fire Department, American Medical Response, and the Riverside Transit Authority of the road closures, if approved.

ALTERNATIVES

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

Staff recommends thi s alternative as it p romotes the safety of staff and participants.

2. Disapprove and authorize the recommended actions as presented in this staff report.

Staff does not recommend this alternative.

FISCAL IMPACT

The adopted FY 2023/24 Police Department operating budget will absorb the cost for all proposed street closures, traffic control, and security costs.

NOTIFICATION

N/A

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Deputy Christopher Loucks Captain Kenneth Reichle
Police Department Police Chief

Concurred By:

Melissa Walker
Public Works Director / City Engineer

Concurred By:

Jeremy Bubnick
Parks & Community Services Director

Concurred By:

Shanna Palau
Senior Contract Analyst

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development
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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. Fun Color Run 2023 - Route Overview

APPROVALS

Budget Officer Approval ✓ Approved . 10/10/23 8:15 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/10/23 8:23 AM A.12
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Fun Color Run
11/18/23 ; 8am-12pm ; Civic Center Amphitheater
Route Overview
Route
 Distance: 2.09 miles
 Approximate Ɵme to complete: 30‐45 min
walk/run
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Attachment: Fun Color Run 2023 - Route Overview (6409 : ROAD CLOSURES FOR FUN COLOR RUN) Fun Color Run
11/18/23 ; 8am-12pm ; Civic Center Amphitheater
Route Stations: Overview
Cart in EOC lot
Route Timeline
 Setup—7:45 AM ‐9:00 AM
 Route occupied—9:00 AM ‐11:00 AM
 Route teardown—11:00 AM ‐12:00 PM
Legend
 Color StaƟon (4)
 Water StaƟon (3)
 First Aid StaƟon (2)
 First Aid Transport (3)
 Restrooms (2)

Trash Boxes
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Attachment: Fun Color Run 2023 - Route Overview (6409 : ROAD CLOSURES FOR FUN COLOR RUN) Fun Color Run
11/18/23 ; 8am-12pm ; Civic Center Amphitheater
Route Stations: Street Name Overview
Route Timeline
 Setup—7:45 AM ‐9:00 AM
 Route occupied—9:00 AM ‐11:00 AM
 Route teardown—11:00 AM ‐12:00 PM
Legend
 Color StaƟon (4)
 Water StaƟon (3)
 First Aid StaƟon (2)
 First Aid Transport (3)
 Restrooms (2)

Trash Boxes
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Attachment: Fun Color Run 2023 - Route Overview (6409 : ROAD CLOSURES FOR FUN COLOR RUN)

Report to City Council

ID#6393 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: October 17, 2023

TITLE: REPORT OF EVALUATING POTENTIAL COMMERCIAL

VEHICLE PARKING ON PROLOGIS LANE

RECOMMENDED ACTION
Recommendation:

Receive and file.

SUMMARY

At the City Council Study Session on May 9, 2023, staff was directed to evaluate Prologis Lane, located on the east end of the City as a potential street to serve as additional parking for commercial vehicles. Staff conducted a thorough evalua tion including community outreach, analyzing street capacity, and determining truck route accessibility. Based on the findings , staff does not recommend Prologis Lane be designated as a truck parking location at this time.

DISCUSSION

Prologis Lane is lo cated east of the intersection of Eucalyptus Avenue and Auto Mall Drive in the eastern area of the City. Prologis Lane is a 600 -foot-long cul-de-sac and is currently signed with No Parking Anytime restrictions throughout the street. The street is 40 feet wide from curb-to-curb and is divided by a double yellow centerline.

There are two buildings that share access along Prologis Lane; Santa Fe Warehouse and MainFreight. Santa Fe Warehouse located on the eastside is a warehousing, fulfillment, global logis tics, and supply chain distribution center. Mainfreight, located on the westside is a global supply chain and logistics provider that specializes in transport and warehousing. Both businesses rely heavily on Prologis Lane to serve as the primary entrance to their facilities.

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City staff reached out to representatives for both locations to discuss the potential for Prologis Lane to be designated as dedicated truck parking location. Both representatives expressed serious concerns with the proposition and were not in favor of the proposed location. First, as a logistic center they voiced concerns with the impacts the overnight truck parking would have to their daily operations. Both businesses rely heavily on the ability to pick -up and drop -off supplies utili zing Prologis Lane. Currently, Prologis Lane is 40 feet wide, allowing truck parking would reduce the travel lanes significantly and impact day -to-day operations. Secondly, the businesses expressed concerns with the increased trash, theft and damages that occur daily in the area and feel security would be paramount.

City Staff also reviewed the accessibility to Prologis Lane and determined a direct truck route is currently not defined. The nearest truck routes are Moreno Beach Drive from the 60 Freeway to Alessandro Boulevard and Redlands Boulevard from the 60 Freeway to the northern city limits. Access to Prologis Lane would require commercial vehicles to travel on non-designated truck routes.

City staff presented the findings to the Traffic Safety Comm ission (TSC) on August 2, 2023. Based on the findings , the commission unanimously voted to not recommend Prologis Lane as a commercial parking location at this time.

Staff does not recommend Prologis Lane be designated as a truck parking location at this time.

ALTERNATIVES

This is not an action item.

FISCAL IMPACT

There is no fiscal impact on parking evaluation.

NOTIFICATION

Publication of agenda

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Wei Sun, T.E., PTOE Melissa Walker, P.E
City Traffic Engineer Public Works Director/City Engineer

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES
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1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Prologis Lane Study

2. Attachments from Prologis Lane Study Final

APPROVALS

Budget Officer Approval ✓ Approved . 10/09/23 9:13 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/09/23 3:17 PM A.13
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LOCATION:

Prologis Lane south of Eucalyptus Avenue

BACKGROUND:

Prologis Lane is located east of the intersection of Eucalyptus Avenue and Auto Mall Drive in the eastern area of the City. Prologis Lane is a 600-foot-long cul-de-sac and is currently signed with No Parking Anytime restrictions throughout the street. The street is 40 feet wide from curb-to-curb and is divided by a double yellow centerline.

PROLOGIS LANE TRAFFIC ENGINEERING STUDY

To: Mike Lee, City Manager
From: Melissa Walker, P.E., Public Works Director/City Engineer Date: June 29, 2023
Subject: Evaluation of Commercial Vehicle Parking on Prologis Lane

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Attachment: Prologis Lane Study (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON PROLOGIS LANE)

There are two buildings that share access and use Prologis Lane; the building to the east of Prologis Lane is currently occupied by Santa Fe Warehouse, which is a warehousing, fulfillment, global logistics, and supply chain distribution center and the building to the west of Prologis Lane is Main freight, a global supply chain and logistics provider that specializes in transport and warehousing.

DISCUSSION:

At the May 9, 2023, City Council Study Session, staff was directed to identify areas in the east end of the City for designated commercial ve hicle parking. Prologis Lane was identified as a potential street that can be an additional parking facility for commercial vehicle drivers.

Community Outreach

Staff spoke to Mia Crespo, Vice President of Operations for Santa Fe Warehouse (951) 416-0595, and Angie Smith, Real Estate & Customer Experience Manager of Pro logis (909) 673 -8728 to inform them of the City’s proposal to designate this street as a commercial vehicle parking area. Both representatives expressed strong opposition and were not in favor of this designation. They cited significant issues to their operations and increases in trash and damages they will sustain in the area that would most ly be absorbed by them. In addition, this action may exacerbate the ongoing theft and transient issue that they are currently experiencing. Please see the email (attached) from Ms. Smith stating their opposition.

Staff also spoke to the Operations Manager of Mainfreight Mr. Henry Martinez (562) 233- 4095 and received an email response from Ms. Amelia Williamson, Branch Manager (951) 419-6290 regarding the commercial vehicle parking designation. Similar to Santa Fe and Prologis, both Mainfreight managers expressed opposition to this proposal and had safety and security concerns. Please see the email (attached) from Ms. Williamson stating her opposition.

Experiences at other locations

P&G and Floor and Décor

The facilities of P&G and Floor and Décor off Cosmos Street and Krameria Avenue were once heavily occupied by commercial vehicles and used as a parking area for commercial vehicle drivers. The se streets were not designated as official truck parking areas but became popular with the reduction of our existing commercial vehicle parking locations in that area . The occupation of these streets at their facilities became significant operational, security, and safety matters for them to the point that both P &G and Floor and Décor’s executive regional teams flew in from their headquarters to meet with staff to discuss their major concerns. Ultimately, we had to employ strict and routine police enforcement of the area and removed all vehicular parking on Cosmos S treet and a portion of Krameria Avenue between Heacock Street and Cosmos Street to reduce operational impacts to their facilities and the potential safety and vehicular conflicts. We have not received any complaints from the businesses since we implemented the changes in 2021.

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Attachment: Prologis Lane Study (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON PROLOGIS LANE)

Duke Realty – (Concord Way and Revere Place)

Similar to P&G and Floor and Décor , the streets adjacent to the intersection of Heacock Street and Iris Avenue were also heavily occupied by commercial vehicle parking. Duke Realty is the current owner, and their facility is adjacent to Concord Way, Revere Place, and a portion of Heacock Street . Due to the misuse and multiple code violations at the site, such as trash dumping, loitering, double parking, and the servicing of vehicles in the public right-of-way, on September 7, 2016, the Traffic Safety Commission recommended that the designated commercial vehicle parking at this location be removed. The ite m passed unanimously and there have been no issues reported since the action.

Cardinal Glass Industries

Most recently, Cardinal Glass Industries located at the intersection of Heacock Street and Cardinal Avenue has been impacted by the parking and loitering of commercial vehicles as they continually dispose of their trash and hazardous waste near their facility. As a result of these violations, management from Cardinal Glass met with M ayor Cabrera on May 23, 2023, to discuss these issue s at length. Cardinal Management pointed out that these violations are a direct result of the loitering of commercial vehicles who are also blocking the employee and delivery driveways , which presents an unsafe condition by blocking the motorists’ line-of-sight. To mitigate these issues, several no-dumping signs and red curb were installed near the driveways prohibiting dumping and restrict ing commercial vehicles from parking near the driveways, therefore, eliminating the line-of- sight issue. The management was satisfied, and the street is operating as intended.

Travel Lane Reduction

In addition to the issues stated by the businesses, there may be additional complaints we will receive from the building’s occupants and management once commercial vehicles begin occupying the street. The current street width of Prologis Lane is 40 feet wi de, which can afford commercial vehicle parking on both sides of Prologis Lane. This would allow an eight -foot parking space for commercial vehicles and a 12 -foot travel lane for motorists to navigate the street. Our experience and complaints we received f rom areas of similar conditions is that the road may seem too narrow or compacted for the average driver to safely negotiate.

Truck Route

Prologis Lane is not connected to a truck route. The nearest truck routes are Moreno Beach Drive from the 60 Freeway to Alessandro Boulevard and Redlands Boulevard from the 60 Freeway to the northern city limits. In order to access Prologis Lane , commercial vehicle drivers will have to drive on Eucalyptus Avenue, which is not a designated truck route to get to this area to park. There are no alternative routes or roads for commercial drivers to use to access Prologis Lane.

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Attachment: Prologis Lane Study (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON PROLOGIS LANE)

Police Support

Staff also reached out to our commercial vehicle enforcement officers to determine if they have issues with Prologis Lane being designated as a commercial vehicle parking area.

Understanding the need to provide additional areas for commercial vehicle drivers, the police department is in full support of this and any area in the vicinity as commercial vehicle parking. (Please see their email for reference.)

SUMMARY:

• There is no available parking for commercial vehicle drivers east of Heacock Street.
• Prologis Lane is strategically located in an area where commercial vehicle activity exists and is nearby many warehouses, distribution centers, two truck routes, and the 60 Freeway.
• There is strong opposition expressed by management from Santa Fe Warehouse and Mainfreight which are adjacent to Prologis Lane.
• There is a concern regarding travel lane reduction.
• The Police Department is in support of the parking.
• Prologis Lane is not connected to a truck route.

RECOMMENDATION:

Transportation Engineering recommends not making P rologis Lane a truc k parking location.

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Attachment: Prologis Lane Study (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON PROLOGIS LANE) From: Smith, Angie
To: Edward Init
Subject: Prologis Way - Truck Parking
Date: Wednesday, June 7, 2023 4:30:30 PM
Attachments: image001.png
Warning: External Email – Watch for Email Red Flags!
Hello Edward,
You had asked for feedback on using the Prologis Way cul-de-sac as a truck parking area. Overall, we are not in favor of this area being used as a truck parking area. In similar situations, we have seen these kinds of uses significantly increase the trash and damage to the area. That is a cost that Prologis would likely have to take on. Parking trucks here will also encourage normal cars to park here and we are already having a lot of issues with theft and transients. The 28025 building already has a guard 24/7 and still has issues with trespassing/theft. There might also be some concern for the person that owns the property at the end of the cul-de-sac. If that parcel is ever developed, these trucks would be in the way of the only entrance to that property. Please let me know if you need anything else from me. Thank you.

Angie​​​​ Smith | Real Estate & Customer Experience, Manager CalDRE License # 02129946
3546 Concours St., Suite 100 | Ontario | California | 91764 | United States of America Direct +1 (909) 673-8728 | [email protected]
www.prologis.com | Follow us on LinkedIn and Twitter
The information transmitted, including any attachments, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited, and all liability arising therefrom is disclaimed. If you received this in error, please contact the sender and delete the material from any computer.
signature for Smith, Angie
"Attachment A"
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Attachment: Attachments from Prologis Lane Study Final (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON From: Amelia Williamson
To: Edward Init
Cc: Henry Martinez
Subject: RE: Prologis Lane - MAINFREIGHT
Date: Friday, June 16, 2023 12:50:07 PM
Attachments: image001.png
Warning: External Email – Watch for Email Red Flags!
Hi Edward,
The concern would probably be around safety and security. We have had many issues with yard break-ins and a few other things in the past, and brining more people to the area does bring some concern.

Regards,
Amelia Williamson | Branch Manager, Warehousing
| Mainfreight Inc.
28015 Eucalyptus Ave, Moreno Valley, CA | D +1 951 419 6290 | C+1 908.205.4570 | [email protected] | www.mainfreightusa.com • Supply Chain Logistics • Domestic, International, Air, Ocean • Customs Brokerage “The Best preparation for good work tomorrow is to do good work today.” From: Henry Martinez <[email protected]>
Sent: Friday, June 16, 2023 1:30 PM
To:

Amelia Williamson <[email protected]>
Subject: FW: Prologis Lane - MAINFREIGHT
FYI
Henry Martinez | Operations Manager : Warehousing | Mainfreight Inc. 28015 Eucalyptus Ave, Moreno Valley, CA, 92555 | D: (951) 419-6295 EXT: 121295 M:(562) 233-4095 [email protected] | www.mainfreight.com
• Supply Chain Logistics • Domestic, International, Air, Ocean • Customs Brokerage • For the latest information on COVID-19 please click on this link. https://www.mainfreight.com/global/en/news/air-and-ocean-service-announcement-%7C-coronavirus-covid-19- update.aspx
From: Edward Init <[email protected]>
Sent: Thursday, June 15, 2023 3:12 PM
To: Henry Martinez <[email protected]>
Cc: Wei Sun, T.E., PTOE <[email protected]>
Subject: Prologis Lane - MAINFREIGHT
Mr. Martinez,
Thank you for taking my call. Again, my name is Edward Init and I am an engineer in the City of "Attachment B"
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Attachment: Attachments from Prologis Lane Study Final (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON Moreno Valley’s Traffic Engineering Division. The purpose of my email is to open communications with you and your management regarding the City’s plan to designate Prologis Lane as a designated commercial vehicle parking area. Currently, Prologis Lane has No Parking Anytime signs preventing motorists from parking on the street. With this designation, commercial vehicles will be allowed to park unrestricted except for the designated street sweeping days. We are reaching out to you and would like to hear your thoughts, and concerns, or provide you with additional information if needed.

If you or your management can kindly respond to this email and share any feedback, I would appreciate it.

Thank you,
Edward Init
Assistant Engineer
Public

Works
City

of

Moreno

Valley
p:

951.413.3152 | e: [email protected] w: www.moval.org
14177 Frederick St., Moreno Valley, CA, 92553
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Attachment: Attachments from Prologis Lane Study Final (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON From: Loucks, Christopher
To: Edward Init
Subject: Re: Truck Parking on Prologis Way
Date: Thursday, May 25, 2023 11:13:17 AM
Attachments: image736051.png
Warning: External Email – Watch for Email Red Flags!
We are good with
Prologis Way being a truck parking area. In fact any of the streets over tin that area.

Deput Chris Loucks
From: Edward Init <[email protected]>
Sent: Friday, May 19, 2023 2:40 PM
To: Loucks, Christopher <[email protected]>
Cc: Wei Sun, T.E., PTOE <[email protected]>
Subject: Truck Parking on Prologis Way
CAUTION: This email originated from outside the Riverside Sheriff email system.

DO

NOT

click

links

or

open

attachments

unless

you

recognize

the

sender

and

know

the

content

is

safe.

Hello Chris,
The City is considering expanding commercial vehicle parking and is in the process of determining if Prologis Way would be a suitable location to provide truck drivers with an alternative location that is close to the warehouses by the 60 freeway. Do you have an opinion, support, or have issues with this designation? Your feedback is highly appreciated.

Please let me know, thank you.

Sent from my iPhone 13 Pro Max
Edward Init
Assistant Engineer
Public

Works
City

of

Moreno

Valley
p: 951.413.3152 | e: [email protected] w: www.moval.org 14177 Frederick St., Moreno Valley, CA, 92553
"Attachment C"
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Attachment: Attachments from Prologis Lane Study Final (6393 : REPORT OF EVALUATING POTENTIAL COMMERCIAL VEHICLE PARKING ON

Report to City Council

ID#6330 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: October 17, 2023

TITLE: AUTHORIZATION TO AWARD AGREEMENTS TO CAV

CONSULTING, HR GREEN PACIFIC, AND CWE TO

PROVIDE PROFESSIONAL CONSULTING SENIOR

ENGINEER AND ADMINISTRATIVE SERVICES TO

CAPITAL PROJECTS DIVISION OF THE PUBLIC WORKS

DEPARTMENT

RECOMMENDED ACTION
Recommendations:

1. Award Agreements for Professional Consultant Services with CAV Consulting, HR Green Pacific, and CWE to provide as-needed Consultant Senior Engineer and Administrative Services related to management and implementation of Capital Improvement Plan (CIP) projects for the Capital Projects Division; and

2. Authorize the City Manager to execute Agreements for Professional Consultan t Services with CAV Consulting , HR Green Pacific, and CWE in the combined amount of approximately $300,000 per year for the total aggregate not-to-exceed amount of $900,000 over the entire three-year term of the agreements, subject to the approval of the City Attorney; and

3. Authorize the issuance of Purchase Orders to CAV Consulting , HR Green Pacific, and CWE once the Agreement s have been signed by all parties using budget approved for each project and State Gas Tax as supplement funding; and

4. Authorize the City Manager to execute any subsequent Amendments to the Agreements with CAV Consulting, HR Green Pacific, and CWE within Council approved annual budgeted amounts for CIP projects, including the authority to authorize the associated purchase orders i n accordance with the terms of the Agreement, subject to the approval of the City Attorney.

SUMMARY

This report recommends approval of the Agreements for Professional Consultant A.14
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Services with CAV Consulting, HR Green Pacific, and CWE to provide senior engineer and related administrative services for the Capital Projects Division in managing and implementing various Capital Improvement Plan (CIP) projects . These services are funded by budgets allocated for projects as included in the adopted CIP Fiscal Ye ars 23/24 and 24/25.

DISCUSSION

With new projects added to the CIP Fiscal Years 23/24 and 24/25 in response to demands for infrastructure improvements and upgrading, the Capital Projects Division is in need of additional assistance from consultants to ma nage the current workload.

Capital Projects Division currently manages its own assigned CIP projects and assists in implementing projects from other departments and divisions citywide including Parks and Community Services, Transportation Engineering, Fle et and Facilities and Storm Water Management. As-needed assistance from consulta nts with their experience and expertise has been resourceful and helpful in managing critical projects and ensuring on-time delivery of the projects. Consultants could also assist with project -related administrative duties including contracts processing, invoices and labor compliance reviews processing, grant applications preparation, and request for proposals and bid documents preparation.

In August 2023, Request for Proposal s (RFP) for On -Call Professional Consultant Services for senior engineer and administrative services was posted on City’s online advertising portal. The City received four (4) proposals in response to the RFP. Review of the proposals resulted in top three consultants: CAV Consulting, HR Green Pacific, and CWE who are highly qualified with diverse expertise in engineering and project/construction management to perform the requ ested services. This would provide the City with the flexibility in assigning certain projects and special tasks to the consultants with appropriate expertise to manage and complete. The consultants would manage the projects through different phases including preliminary engineering, environmental clearance, final design, advertising, and construction.

The RFP and consultant selection processes were completed in accordance with the City’s Municipal Code requirements for professional services procurement. Staff recommends approval of the agreements with CAV Consulting, HR Green Pacif ic, and CWE to provide senior engineer and related administrative services for the Capital Projects Division.

ALTERNATIVES

1. Approve the recommended actions as presented in this staff report. This alternative will allow for the requested senior enginee ring and related administrative services to be performed by the consultants in a timely manner avoiding delays in project implementation schedules.

2. Do not approve the recommended actions as presented in this staff report. Staff does not recommend this alternative, as it would result delay in project delivery of A.14
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various CIP projects.

FISCAL IMPACT

The requested senior engineer and related administrative services to be provided by CAV Consulting, HR Green Pacific, and CWE are funded by budgets allocate d for projects as included in the adopted CIP Fiscal Years 23/24 and 24/25. State Gasoline Tax (Fund 2000) is to be used up front for opening associated purchase orders to pay for consultant’s costs that will be allocated back to appropriate project budge ts which the consultant had worked on.

NOTIFICATION

Publication of agenda

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

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

Capital Projects Principal Engineer Public Work 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 abo ut 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

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

1. Agreement with CAV Consulting

2. Agreement with HR Green Pacific

3. Agreement with CWE

APPROVALS

Budget Officer Approval ✓ Approved . 10/09/23 9:11 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/09/23 2:36 PM A.14
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1 AGREEMENT FOR

PROFESSIONAL CONSULTANT SENIOR ENGINEER AND

RELATED ADMINISTRATIVE SERVICES FOR CAPITAL PROJECTS DIVISION

This Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 202 3 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and CAV Consulting , (California corporation, partnership, sole ownership), hereinafter referred to as “Consultant.”

RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the professional consultant senior engineer and administrative services hereinafter described as "WORK"; and
WHEREAS, the City has determined the WORK 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 WORK; and
WHEREAS, the City has requested the Consultant to perform such services for the WORK; and
WHEREAS, the Consultant is professionally qualified in California to perform t he professional and technical services required for the WORK, 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 CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

2 DESCRIPTION OF WORK

1. The WORK is described as Professional Consultant Senior Engineer and Administrative Services.

SCOPE OF SERVICES

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

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

PAYMENT TERMS

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

TIME FOR PERFORMANCE

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

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

7. This Agreement shall be effective from effective date and shall continue in full force and effect date through December 30, 2026 , subject to any earlier termination in accordance with this Agreement. The services of Consultant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement.

8. (a) The Consultant agrees that the personnel, including the principal WORK Manager, and all subconsultants assigned to the WORK by the Consultant, shall be subject to A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

3 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 nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, a n agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.

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

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

12. The Consultant shall comply with applicable f ederal, 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, mar ital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

4 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, sta tus as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or advertisements for employees plac ed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subconsultant to also comply with A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

5 the requirements of this Section 13 .

14. Indemnification.

a. Design Professional Services. To the fullest 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 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 and all li ability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise from or are connected with the negligent, reckless, or willful misconduct in the performance of or failure to perform th e 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, their 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 .For all non -design professional services, Consultant shall indemnify, defend, and save the City, the Moreno V alley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's emp loyees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations 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 A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

6 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 subcontract 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 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, Consultant 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.

15. 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 Consultant as an independent Consultant of City and agents and employees of Consultant , and not as agents or employees of City. Consultant 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.

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.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

7 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 providing services under this Agreement to City are City’s employees, Consultant shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either Consultant or City files an appeal or court challenge, Consultant 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.

This section shall survive termination or expiration of this Agreement.

17. Insurance.
(a) Throughout the life of this Agreement, 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 the 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 shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to C ity. Any failure to maintain the required ins urance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement.

The phrase “fail to maintain any required insurance” shall include, without limitation, notification A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

8 received by C ity that an insurer has commenced proceedings, or has had proceedings commenced against it, in dicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant , including, without limitation, liability under the indemnity provisions of this Agreemen t. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant , its principals, officers, agents, employees, persons under the supervision of Consultant , vendors, suppliers, invitees, consultants, sub -consultants, subconsultants or anyone employed directly or indirectly by any of them.
(d) Upon request of C ity, Consultant shall immediately furnish C ity with a complete copy of any insurance policy required under this Agreeme nt, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to provide insurance protection in favor of C ity and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and City prior to the commencement of any services by the subconsultant .

18. The waiver by either party of a breach by the other of any provis ion of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

9 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 applicable 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 the 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 C alifornia has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authori zed 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 Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the WORK site where work is to be performed, in accordance with Labor Code Sec tion 1773.2. Consultant shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination 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 mechanics 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 violation of the provisions of A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

10 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 WORK is thirty thousand dollars ($30,000.00) or more, Consultant shall further comply with provisions set forth in Labor Code Section 1777 .5 pertaining to employment of properly registered apprentices, including without limitation 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 emp loyed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio 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 WORK shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours wor ked each day and week, and the actual per 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 s ame information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Consultant or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records 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 provide certif ied copies of such records to any of the foregoing within ten (10) days of Consultant ’s and subcontractor’s receipt A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

11 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 must 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 WORK 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 the Departm ent 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 Consultant entering into any contracts with any subcontractor, Consultant shall obtain proof that all su ch subcontractors have also registered with the Department in accordance with Section 1725.5.

20. (a) The Consultant shall deliver to the Public Works Director/City Engineer or his/her designated representative, fully completed and detailed WORK-related documents which shall become the property of the City. The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized u se of computations, maps, and other documents prepared or A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

12 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 without any liability of C ity to C onsultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against C onsultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any C ity fiscal year of this Agreement, or insufficient funding for the WORK; 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 WORK 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 Cit y. The City shall pay the Consultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (b) In the event of termination due to failure of C onsultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, C ity’s damages caused by such failure. In no event shall any payment by C ity pursuant to this Agreement constitute a waiver by C ity of any breach of this Agreement which may then exist on the part of Consultant , nor shall such payment impair or prejudice any remedy available to C ity with respect to the breach. (c) Upon any breach of this Agreement by Consultant , City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

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

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

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

24. This Agreement represents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

14 written or oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties.

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

26. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will n ot be released to third 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 Section 87100 et. seq.) and the regulations 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 opini on 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 A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR

AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

15 in writing.
(b) In performing the work or services 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 C ity council, commission, board, commi ttee, or similar C ity body.

This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant , nor any of Consultant’s subconsultants performing any services on this WORK, shall bid for, assist anyone in the preparation of a bid f or, or perform any services pursuant to, any other contract in connection with this WORK unless fully disclosed to and approved by the City Manager, in advance and 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 WORK unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 2 5(a), above.
(e) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subconsultants to comply therewith.
(f) This Section 25 shall survive expiration 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 WORK, A.14.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

16 be delivered to and be the property of the City, provided that the Consultant sha ll be entitled, at its own expense, to make copies thereof for its own use.

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

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

Consultant hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, which may provide services to City under the Agreement, prior to such person performing any services thereunder. Nothing herein shall be deemed or interpreted to limited a A.14.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES
17 CalPERS retiree’s obligations under applicable law, rules or regulations.

SIGNATURE PAGE FOLLOWS
A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley CAV Consulting
BY: BY:

Mike Lee, City Manager
Name:

Date TITLE:
(President or Vice President)
Date
BY:

Name:

TITLE:
(Corporate Secretary)
Date
Enclosures: Exhibit “A” – City Scope of Services
Exhibit “B” – Consultant Proposal
Exhibit “C” – City Services
Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer
Date
A.14.a
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REQUEST FOR PROPOSAL
2023-020

PROFESSIONAL CONSULTANT SENIOR ENGINEER SERVICES
City of Moreno Valley
14177 Frederick St.

Moreno Valley, CA 92552
RELEASE DATE: August 28, 2023
DEADLINE FOR QUESTIONS: September 11, 2023
RESPONSE DEADLINE: September 18, 2023, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/morenovalley
EXHIBIT "A"
A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR City of Moreno Valley

REQUEST FOR PROPOSAL
Professional Consultant Senior Engineer Services

1. NOTICE TO BIDDERS ................................ ................................ ...................

2. SCOPE OF SERVICES ................................ ................................ ...................

3. GENERAL INFORMATION ................................ ................................ ...........

4. PROPOSAL CONTENT ................................ ................................ .................

5. PROSPECTIVE BIDDER QUALIFICATIONS ................................ .....................

6. SUBMISSION OF PROPOSALS ................................ ................................ .....

7. EVALUATION AND RANKING OF PROPOSALS ................................ .............

8. AWARD ................................ ................................ ................................ ......

9. SPECIAL TERMS AND CONDITIONS ................................ .............................

10. Vendor Questionnaire................................ ................................ ................

Attachments:

A - Non-Collusion Declaration
B - Exhbit 10-O1 Consultant Proposal DBE Commitment
C - Exhibit 10-Q Disclosure of Lobbying Activities
D - Sample Consultant Agreement for Professional Consultant Senior Engineer Services

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 3 1. NOTICE TO BIDDERS

1.1. Summary
The City o f Moreno Valley is seeking qualified firms whose staff has in -depth experience in project management and implementation to serve as staff extension for the City's Public Works Department to manage various capital improvement plan (CIP) projects and perform project-related senior engineer and administrative duties as assigned.

You are herby invited to submit a proposal for providing professional consultant senior engineer services for the Public Works Department. The selected consultants could be retained to serve the City for a period of three (3) years subject to the approval of the City Council.

1.2. Background
Moreno Valley was incorporated 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 and Management Services and Library services. The City contracts with Riverside County for Police and Fire services.

1.3. Timeline
Due Dates and RFP-Contract Award Schedule
The Request for Proposal (RFP) release, proposal review and consultant selection processes that leads to the award of a contract for the requested services are antici pated to be completed per the following schedule:

RFP Release Date August 28, 2023
Questions & Answer Deadline September 11, 2023, 2:00pm
Proposal Due Date September 18, 2023, 2:00pm
Proposal Review September 20, 2023
City Council Awards Contract October 3, 2023
Notice to Proceed with Services October 23, 2023

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 4 2. SCOPE OF SERVICES

2.1. General
Under general direction, the selected staff from successful firm shall provide Professional Consultant Senior Engineer Services for a contract time of up to three (3) years subject to the approval of the City Council. The duration of work shall be on an as-needed basis.

The consultant shall manage, oversee, evaluate, monitor, and participate in the management of multiple complex capital improvement plan (CIP) projects through all phases (planning, design and construction); supervise and oversee the work of professional, technical, and administrative support staff and/or other consultants; and perform other special assignment or related senior engineer and administrative duties as assigned. Depending on the workload and project needs, City anticipates a commitment of minimum of 20 hours/week up to 40 hours/week with a requirement of two (2) full days working in -person at the City Hall.

2.2. Specific Tasks and Duties

2.2.1 Works independently or with staff and/or other consultants to develop, implement, and monitor work plans to achieve assigned goals and objectives; contributes to development of and monitoring of performance against the division and project budgets; participates in developing, implementing and evaluating work programs, plans, processes, system s, and procedures to achieve division and City goals, objectives and performance measures consistent with the City's quality and service expectations.

2.2.2 Works with staff to ensure a high performance, customer service -oriented work environment which supports achieving City objectives and service expectations; provides leadership and participates in programs and activities that promote a positive employee relations environment.

2.2.3 Acts as Project Manager and manages, oversees, evaluates, and monitors assigned capital improvement projects through planning, design, or construction phases; prepares and maintains detailed project cost estimates and schedules; obtains all necessary regulatory approvals and permits to implement projects; responds to re quests for information and clarifies and interprets engineering issues, regulations, codes, and requirements; chairs preconstruction meetings, reviews construction schedules, and prepares preconstruction meeting minutes; verifies available project funds an d prepares purchase requisitions; reviews, evaluates, processes, initiates, and prepares change orders, amendments to agreements, schedule revisions, and updates, etc.; drafts reimbursement invoices to funding agencies and ensures payment; files notices of completion with County Recorder; releases retention payments to contractors; prepares and provides regular project status reports to division management; and other close-out documentation.

2.2.4 Participates in the selection and supervision of projec t consultants and contractors; prepares requests for proposals for outside services; reviews consultant plans, A.14.a
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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 5 specifications, submittals, estimates, designs, drawings, and schedules of values for completeness, accuracy, scope of work, constructability, an d compliance with federal, state, and local requirements; provides recommendations for acceptable alternative solutions to design errors and other issues; interviews contractor employees and verifies compliance with federal and state prevailing wage rates and notifies contractors of discrepancies; verifies rating of contractor bonds and insurance requirements and submits to City Attorney for approval; evaluates bids and recommends awarding of contracts; monitors consultant performance and inspects work for conformance with plans and specifications; assesses, identifies and facilitates complete resolution of noncompliance issues; reviews, verifies and processes consultant and contractor invoices and pay requests for payment.

2.2.5 Prepares complete project bid documents which include Plans, Specifications and Estimates (PS&E). Manages and participates in advertisement and bidding processes for projects; prepares bid notices; sets bid opening times and dates and attends as assigned; prepares necessary addenda; verifies bid results and bid numbers to identify errors and omissions and provides information to the City Attorney as necessary; performs detailed records and reference checks for contractors and subcontractors; prepares and submits required documentati on to funding agencies to ensure compliance with bid requirements.

2.2.6 Coordinates project activities with other City departments and divisions, consultants, and external agencies for plan review and permitting; conducts and facilitates regular project staff meetings.

2.2.7 Serves as primary liaison between the City and contractors and consultants; works with contractors, consultants, and others to resolve conflicts and facilitate solutions; inspects project sites to ensure compliance with project specifications and City policies and resolve issues.

2.2.8 Prepares and updates a variety of complex and technical engineering project documentation, including staff reports, bid notices, project plans and specifications, requests to advertise and ado pt plans and specifications, grant applications, various notices, statements of working days, final maps, bonds, agreements, right -of-way acquisitions and other documents; drafts interagency agreements for reimbursement and conveyance of easements; prepare s future project cost estimates and schedules for the City’s Capital Improvement Plan.

2.2.9 Analyzes and responds to requests for information and complaints from other public and governmental agencies, community and business groups, citizens, the media , and the public; represents the City and makes presentations at various meetings and public hearings.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 6 2.2.10 Identifies, evaluates, selects, and submits grants for City Council approval; prepares and submits applications for various federal and state gr ant funding programs; ensures project compliance with grant requirements.

2.2.11 Oversees project right-of-way acquisition processes; performs research on project areas to ensure they are within existing City rights -of-way; recommends the acquisition of additional rights-of-way as necessary.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 7 3. GENERAL INFORMATION
Proposals must be submitted electronically via the City of Moreno Valley e -Procurement System, OpenGov, before the Due Date and Time as shown on Section 1.3 of this RFP, at:
https://procurement.opengov.com/portal/morenovalley

The proposer shall provide a separate file for technical proposal and a separate file for cost proposal. (Note: Cost proposals will not be opened during the review and rating of the technical proposals. Once the consultant ranking is made and top-ranked consultant is identified, only the cost proposal of the top- ranked consultant will be opened for review and contract negotiation purposes.) 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 Questions & Answers Section on the e -Procurement System, OpenGov. No phone calls 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 the Questions & Answers Deadline as shown on Section 1.3 of this RFP.

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.

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.

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).

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.

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.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 8 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.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 9 4. PROPOSAL CONTENT
The Consultant’s Proposal shall be no more than 20 pages, excluding executive summary, resumes, dividers, 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.

4.1. Executive Summary
The Consultant shall include an executive summary with general firm’s information including full legal name and contact information, organizational structure (corporation, LLC, etc.), name(s) and title(s) of the principal owner(s), person(s) authorized to make commitments for your company identified in the corporate resolution, firm history and length of relevant experience, and current number of employees with emphasis on key personnel. The executive summary shall be limited to a maximum of one page.

4.2. Technical Proposal
The Consultant shall include, but not be limited to, the following items in the body of the proposal:

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

4.2.2 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 current workload.

4.2.3 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.

4.2.4 A list of deliverables or goals to be achieved for this service contract.

4.2.5 Procedures for perform Quality Assurance and Quality Control (QA/QC) on the services to be provided.

4.2.6 Related experience including relevant experience date, name of agency, and reference name/contact information.

4.6.7 A resource allocation matrix (exclude cost information).

4.3. Proposed Staff/Team

4.3.1 Information on key personnel who is expected to remain in service until completion of the contract.

4.3.2 Information on the back-up personnel in the event of the key personnel not available to provide the contracted services for certain short period during the contract duration.

4.3.3 Provide resumes of proposed staff/team members.

4.4. Required Statements
The Consultant’s Proposal shall include the following:

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 10 4.4.1 A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal.

4.4.2 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 City Manager of Moreno Valley.

4.4.3 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."

4.4.4 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.

4.4.5 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.

4.4.6 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.

4.4.7 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.

4.4.8 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.

4.4.9 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.

4.4.10 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.

4.4.11 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.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 11 4.4.12 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.

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

4.4.14 A statement that all federal laws and regulations shall be adhered to notwithstandi ng 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.

4.4.15 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.

4.4.16 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.

4.4.17 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.

4.4.18 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 u nder 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.

4.5. Required Forms

4.5.1 Non-Collusion Declaration Form

4.5.2 Exhibit 10-O1, Consultant Proposal DBE Commitment

4.5.3 Exhibit 10-Q, Disclosure of Lobbying Activities

4.6. Cost Proposal

4.6.1 A Cost Proposal that includes all costs associated with the requested services for the anticipated service length of up to three (3) years.

4.6.2 A rate schedule aligned with titles in the resource allocation matrix in Technical Proposal.

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

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 12 4.6.4 Itemized tasks and corresponding costs must be identical to the detailed Scope of Services included as part of the Proposer’s Technical Proposal.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 13 5. PROSPECTIVE BIDDER QUALIFICATIONS

5.1. Prospective Bidder Qualifications
The intent of this RFP is to evaluate the proposals, determine the prospective bidder's that are in the competitive range, and select proposers that will provide the highest level of professional services for City.

5.2. Minimum Qualifications:

The proposed staff who will be providing consultant senior engineer services shall have the knowledge of:

5.2.1 Theories, principles and practices of civil engineering design and construction.

5.2.2 Principles and modern techniques and commonly used materials and equipment used in design, construction, and maintenance of various public works projects.

5.2.3 Federal, state, and local laws, regulations, and court decisions applicable to public works projects.

5.2.4 Information technology and computer capabilities to perform daily engineering tasks.

5.2.5 Principles and practices of sound business communication, teamwork, and work ethics.

The proposed staff shall also possess the ability to:

5.2.6 Prepare, direct preparation of and review complex engineering designs, plans, specifications, and legal contracts.

5.2.7 Perform difficult technical research and analyze complex engineering and mathematical problems, evaluating alternatives a nd recommending or adopting effective courses of action.

5.2.8 Plan, organize, manage, and integrate engineering design and construction activities.

5.2.9 Design issues, analyze problems, evaluate alternatives, and develop sound and independent judgements and recommendations.

5.2.10 Understand, interpret, explain, and apply federal, state, and local policy, law, regulations, and court decisions applicable to public works project implementation.

5.2.11 Operate a personal computer using standard or cust omized software applications appropriate to assigned tasks.

5.2.12 Supervise and evaluate the work of professional consultants and construction contractors.

5.2.13 Prepare clear, concise, and comprehensive correspondence, reports, and other written materials.

5.2.14 Organize, set priorities, and exercise sound independent judgement within areas of responsibility.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 14 5.2.15 Exercise tact and diplomacy in dealing with sensitive and complex issues and situations.

5.2.16 Establish and maintain effective working relationships with City management, staff, contractors, consultants, representatives of other governmental and utility agencies, business and community groups, citizens, the public and others encountered in the course of work.

5.3. Education, Training, and Licenses:

5.3.1 A bachelor’s degree in civil engineering.

5.3.2 A minimum of five years of professional civil engineering experience.

5.3.3 At least three years’ experience in a supervisory or program management capacity.

5.3.4 A valid California Civil Engineering License.

5.3.5 A valid California driver’s license and the ability to maintain i nsurability under City’s vehicle insurance policy.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 15 6. 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 the requested shall be uploaded to OPENGOV on or before, but no later the Date and Time as shown on Section 1.3 of this RFP. Any responses received after this time will not be considered by the City.

The response shall be signed by an offi cer, or officers, authorized to execute legal documents on behalf of the respondent.

The City reserves the right to waive informalities in any proposal, to reject 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. Bidders 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 indicating that the bid was submitted successfully.

Transmission of bids by any other means will not be a ccepted. 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/or improperly submitted bids. Bidders experiencing any technical difficulties with the bid submissi on 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 submi ssion deadline.

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 16 7. EVALUATION AND RANKING OF PROPOSALS
In accordance with the Chapter 3.12 PURCHASING City Municipal Code’s objective of selecting the most qualified consultant for providing the requested services, a Review Board which is 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 prospective bidder's based upon the following criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. The Firm’s General Experience and
Qualification Information (20 points)
Information about the company (and all sub-
Consultants) including professional licenses
held; ability to furnish required insurance and
meet stipulations of the City’s “boiler plate”
agreement; details about comparable projects
completed by the firm, as well as local
experience; and its ability to provide the
required services in an efficient and
expeditious manner.
0-100 Points 20
(20% of Total)

2. Experience of Key Personnel (60 points)
Background on key personnel (including all
sub-consultants) qualifications, abilities,
familiarity with state and federal procedures,
local experience on comparable projects and
length of service with the firm, reference
information preferably with municipal
agencies, and proven track record and depth
of understanding/knowledge of the proposed
staff.
0-100 Points 60
(60% of Total)

3. 3. Project Approach/Understanding (20
points)
Understanding of requested services and how
the Consultant team plans to address them;
the approach, methods, and procedures to be
used on managing and implementing CIP
projects; the management approach and
organization necessary to complete the
specific project or projects; and outline quality
control measures to ensure delivery of a
quality services on time, within budget that
provides a cost efficient, timely and
predictable execution of the project
implementation.
0-100 Points 20
(20% of Total)

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 17 8. AWARD

8.1 After conclusion of the Evaluation and Ranking of Proposals processes, a Notification of Intent to Award may be sent to any prospective bidder's selected. City may make multiple awards.

8.2 Award is contingent upon the successful negotiati on 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 nego tiate 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.

8.3 Prices are firm fixed prices during each contract period.

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

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Attachment: Agreement with CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 18 9. SPECIAL TERMS AND CONDITIONS

9.1. Termination

9.1.1 If, in the opinion of the City of Moreno Valley, the awarded consultant fails to perform or provide prompt, efficient service, the City must have the right to terminate or cancel the Agreement upon 10 calendar day’s prior written notice with or without cause and pay Consultant for the value of the actual work satisfactorily performed to the date of termination.

9.1.2 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 Consultant for the value of actual work satisfactorily performed to the date of termination.

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

9.2. Public Employees Retirement Law (CalPERS)

9.2.1 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, Consultant 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 si milar obligations, as well as for the payment of any penalties and interest.

9.2.2 CalPERS Participation. As set forth in this Agreement and in the Request for Proposal, City has an obligation to treat all persons working for or under the direction of Consultant as an independent contractor of City and agents and employees of Consultant, and not as agents or employees of City. Consultant 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.

9.2.3 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.

9.2.4 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, Consultant shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either Consultant or City files an appeal or court challenge, Consultant 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 CAV Consulting (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 19 9.3. Managing Federal and State Funded Projects
As part of the senior engineer services, the Consultant may be assigned to manage certain federal and state funded projects under FHWA, HUD, F EMA, and/or State Bills (SB). The work and/or services to be provided by the Consultant shall comply with all pertinent local, State, and Federal laws and regulations.

The Consultant, therefore, shall be legally able to perform services for Federal or State funded projects.

A contract DBE goal has not established for the purpose of this RFP. However, the Consultant is required to submit the Consultant Proposal DBE Commitment (Exhibit 10-O1) as included in this RFP along with the proposal to meet Caltrans Local Assistance DBE commitment requirements. Prior to starting to work on a Federal or State funded project, the Consultant shall submit to the City for approval the Consultant Contract DBE Commitment (Exhibit 10-O2) with the Contract DBE Goal specifically determined/approved for that project.

The Consultant shall also be required to submit the Disclosure of Lobbying Activities (Exhibit 10-Q) as included in this RFP along with the proposal.

9.4. 9.4 Indemnification

9.4.1 Design Professional Services. To the fullest 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 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 and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees, and all claims which arise from 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, reckless or willful misconduct 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.

9.4.2 For 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 and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations 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.

9.4.3 The protections in this Section shall be in addition to those set forth in Section 9.2 of this Request for Proposals.

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Title: Professional Consultant Senior Engineer Services 20 10. VENDOR QUESTIONNAIRE

10.1. Please download the documents below, complete and upload.* Please download the below documents, complete, and upload. • [B]_Exhbit_10-O1_Consultant...
• [C]_Exhibit_10-Q_Disclosure...
• Non-Collusion_Declaration.pdf
*Response required

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# 2023 - 020
Professional Consultant Senior Engineer
Services

PR E PA R E D F O R
City of Moreno Valley – Purchasing Division
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
SU

BMITTED BY

CAV CONSULTING
Chris A. Vogt, PE | President/Owner
17130 Van Buren Blvd., Ste 526
Riverside, CA 92504
direct 951.616.4925
[email protected]
CAV Consulting
EXHIBIT "B" A.14.a
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SECTION 1: EXECUTIVE SUMMARY
September 18, 2023

Public Works Department
City of Moreno Valley 14177
Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552

Re: Proposal for Professional Consultant Senior Engineer Services: Executive Summary CAV Consulting is pleased to submit our Proposal for Professional Consultant Senior Engineer Services for the City of Moreno Valley.

We understand that the City of Moreno Valley is seeking qualified firms whose staff has in -depth experience in project management and implementation to serve as staff extension for the City's Public Works Department to manage various capital improv ement plan (CIP) projects and perform project-related senior engineer and administrative duties as assigned. We have no exceptions to any part of the City’s scope, specifications, terms, or conditions as defined in the RFP.

CAV Consulting was formed as a Sole Proprietorship in 2020. For three (3) years we have provided services which include supporting and completing assignments in public works, city engineering, planning and building and safety. We currently have five (5) dedicated professional staff that bring a wealth of expertise in their respective fields with over 121 years of combined experience. Our team has extensive experience as City employees as well as working for private industry, so we know what is expected on both sides of the counter. CAV Consulting has been providing Project Management/Senior Engineer Consulting Services to Moreno Valley’s Capital Improvement Projects (CIP) Division for approximately two (2) years and have completed Project Management, Interim Principal Engineer, Senior Engineer and Management Analyst Services. We successfully delivered numerous projects on schedule and under budget. We will abide by the provisions of California Assembly Bill 5 (AB-5).

The Key Personnel assigned to provide the requested services were carefully selected based on our understanding of the needs of the City. Chris A. Vogt, PE, President/Owner is the Principal Owner of CAV Consulting. He will serve as Principal- in-Charge, Project Manager, Senior Engineer, and Key Contact to the City of Moreno Valley. Mr. Vogt is the authorized representative of CAV Consulting and has the authority to make commitments and sign all necessary agreements. We also propose Michelle Gonzales, Assistant Engineer to provide backup and assistance to the Senior Engineer/Project Manager Consulting Services. In addition to the Engineering Services, we propose Gail Smerkol, Management Analyst to provide Analyst support services (accounting, contracts, bid support, RFP support, staff augmentation, Council Report writing, and other duties as assigned by the City. She has been providing these services for the Moreno Valley Public Works Department CIP Division for the past year.

Company Information: CAV Consulting
Chris A. Vogt, PE | President/Owner
17130 Van Buren Blvd, Suite 526
Riverside, CA 92508
Direct: 951.616.4925 Fax: 951.776.4692 email: [email protected] The proposed services and related pricing are valid for a period of 60 days after the proposal due date.

Sincerely,

Chris A. Vogt, PE
President/Owner
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Table of Contents

Section 1: Executive Summary ............................................................................................................... i Section 2: Technical Proposal ................................................................................................................ 1 Section 3: Proposed Staff/Team ........................................................................................................... 11 Section 4: Required Statements ........................................................................................................... 13 Sections 5: Required Forms ................................................................................................................. 14 Sections 6: Cost Proposal .................................................................................................................... 18 A.14.a
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SECTION 2: Technical Proposal

CAV Consulting is committed to providing the expertise and resources required to support our clients with professional services to successfully meet or exceed their goals. We provide municipal services supporting Public Works Capital Projects and Land Development, City Engineering, and Administrative Services (Management and Staff Analyst). Our team consists of professionals with years of service in the Public sector. We work well with staff in all City Departments, outside agencies, the development community, and the public to achieve your organization's goals and successfully navigate and overcome project challenges. By incorporating a “Customer Care” philosophy, we have a successful track record of the delivery of services and projects on time and within budget.

Qualifications
CAV Consulting has the experience, certifications, and expertise to assist our clients to successfully provide the Project Management for Capital Improvement Projects, as required in the City’s RFP, and also many other professional services that may be required by the City. CAV Consulting formed as a Sole Proprietorship Company in September 2020. Since forming, we have grown to five dedicated and professional staff that bring a wealth of expertise in their respective fields with over 121 years of combined experience. Our diverse experience includes many years working as Public Employees and Officials. We also are fortunate to have many years of experience in the Private sector, enabling us to be well aware of the motivations and challenges from both sides of the counter. Our office is located in Riverside, CA, but we are very mobile and cover a wide range of area with our employees living throughout the Inland Empire area. Our normal hours of operation are Monday – Friday from 8:00am - 5:00pm. However, we are also available to work weekends and attend after hour meetings including City Council meetings and other City meetings as required.

We know and understand the expectations of a City because we have had those same expectations throughout our respective careers. Customer Care is of high priority to achieve success for our clients as well as all of the City’s clients, businesses, and residents.

We provide the following services to cities/counties:

 Project Management
 Construction Inspection
 Program Management
 Development Plan Review and Entitlements
 Capital Improvement Development and Implementation
 Engineering Plan Checking (Private Land Development and Public Capital Improvement Projects)  Permit Technician
 Development Impact Fee Analysis
 Streetlight Conversion Cost Assessments
 Development of Department/Division Policies and Procedures  Interim Public Works Director/City Engineer Services
CAV Consulting provides expert services in areas including Public Works, City Engineering, Project Management, Program Management, and Management/Staff Analyst Services. Our team has “hands -on” experience in Project Management, CIP development and implemen tation, Special District development, implementation and administration, development and implementation of departmental Policies and Procedures, development and implementation of multi-year (5yr and 7yr) slurry seal programs citywide, plan checking services, development conditioning and entitlement processes, review of Final Maps and Parcel Maps, development and over- sight of Public Works Operations, establishment of Development Impact Fees, Counter Technician Services, Construction Management and Inspection, and Management Analyst Services. Our team has extensive experience as City employees as well as working for private industry, so we know what is expected on both sides of the counter.

CAV Consulting’s blend of extensive and diverse experience and certifications enables us to work effectively with all City A.14.a
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departments for the successful delivery of projects. Our company consists of seasoned professionals, all experts in their respective fields, with a goal in ensuring the success of our client’s programs and projects. The combined experience of our professionals through years of working on both sides of the counter, enable us to assure the successful delivery of projects, within schedule and budget. Being a smaller firm, we are able to focus on the City’s goals and objectives.

We view the keys to serving the City of Moreno Valley as follows:

 Providing all services in a responsive and transparent manner  Assigning high quality, experienced staff and maintain consistency  Coordinating effectively with other City departments and outside agencies  Providing a high level of customer care to ensure success for internal and external customers  Full and open communication so there are no surprises

CAV Consulting personnel have extensive experience in the development and delivery of Public Works Capital Improvement projects and Land Development projects throughout their careers. Their expertise includes theories, principles and practices of civil engineering design and construction; principles and modern techniques and commonly used materials and equipment used in design, construction, and maintenance of various public works projects; federal, state, and local laws, regulations, and court decisions applicable to public works projects; Information Technology and computer capabilities to perform daily engineering tasks; and principles and practices of sound business communication, teamwork, and work ethics.

The proposed staff also have extensive experience in the preparation and review of complex engineering designs, plans, specifications and legal contracts; performing difficult technical research and analyzing complex engineering and mathematica l problems, evaluating alternatives and recommending or adopting effective courses of action; the planning, organizing, managing, and the integration of engineering design and construction activities; resolving design issues; analyzing problems, evaluation of alternatives, and developing sound and independent judgements and recommendations; understanding, interpreting, explaining, and applying federal, state, and local policy, law, regulations, and court decisions applicable to public works project implementation; operating a personal computer using standard or customized software applications appropriate to the assigned tasks; supervise and evaluate the work of professional consultants and construction contractors; the preparation of clear, concise, and comprehensive correspondence, reports, and other written materials; organize, set priorities, and exercise sound independent judgement within areas of responsibility.

Due to CAV Consulting’s philosophy of a collaborative “Teamwork” approach to the delivery of projects, all of the proposed professionals exercise tact and diplomacy in dealing with sensitive and complex issues and situations. Establish and maintain effective working relationships with City management, staff, contractors, consultants, representatives of other governmental and utility agencies, business and community groups, citizens, the public and others encountered in the course of work.

We have reviewed the City of Moreno Valley’s “Sample Professional Services Agreement” included with the RFP and we are able to enter into that Agreement.

CAV Consulting Strengths
Cities are continuing to face staffing challenges; however, the demand for project delivery and services continue to increase. CAV Consulting can fulfill those City needs with our experienced professionals. More importantly, we can provide those services on an as-needed basis. This provides much needed support to the Cities based on their current demands without the additional liability the City would face with full time staff. We adjust service levels to meet the City’s needs.

All of our staff have held executive management, senior level, associate level, and staff positions with numerous California cities including former Public Works Directors, City Engineers, Projects Managers, Construction Managers, Senior Engineers, Plan Check Engineers, Public Works Inspectors, Permit Technicians, and Management/Staff Analysts. Our experience, Licensing, Certifications, and training is important since serving in the capacity of a local agency representative requires credibility and expertise in working with the community and the City’s customers.

We bring the following philosophies and work ethic to our Clients:

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 Customer Care Service. Our philosophy is that every person we have contact with is considered a customer. It is important that each person we come in contact with knows that we believe their project or issue is very important to the City. We pride ourselves in providing a level of service that will meet or exceed our client’s expectations.  Correct Staff Assigned for Services Needed. We provide experienced staff with the correct licensing, certifications, training and experience to effectively and efficiently deliver projects and top-quality services.  Effective Coordination with all City Staff, outside Agencies, the Development Community and the Public. Our staff have effectively communicated and coordinated with other City divisions and departments and all City Clients including the public throughout our careers. The City staff is a team and should not have to deal with Departmental barriers.

Our Philosophy is the success of the City’s customers ultimately results in theoverall success of the City and the Community.  Project Controls. We closely monitor the projects and services we provide to the City to stay within the Local, State and Federal requirements, including but not limited to, the City’s Municipal Code, California Contract Code, General Code, and City Ordinances. Our experi ence and attention to details allows us to deliver projects within budget and schedule. We proactively communicate with the City Staff to head off any “surprises” that may occur during a project.

Ourstaff has the experience at working in a municipal environment, developing positive working relationships with affected parties, and supporting both internal and external customers to deliver projects and services within budget and schedule.

Disclosure/Company Certifications
There ARE NO conditions such as bankruptcy, pending litigation, planned office closures, impending mergers, contract defaults, and organizational conflicts of interest that may affect the ability of CAV Consulting to perform the required duties as defined in the Request for Proposals issued by the City.

Exceptions
We have thoroughly reviewed the RFP issued by the City including the City’s standard Professional Services Agreement and accept all terms and conditions therein. We have no proposed modifications to the documents Understanding of the Scope of Services
CAV Consulting thoroughly reviewed the City’s Request for Proposals (RFP) issued on August 28, 2023, and Addendum 1 and Addendum 2, both posted on August 28, 2023. We commit that CAV Consulting will adhere to the provisions described in the City’s RFP without modification. Since CAV Consulting has been providing these services to the City of Moreno Vally since 2021, we currently have been maintaining in force all licenses, insurance, documents and permits as are required by law, including a City of Moreno Valley’s business license.

CAV Consulting understands that the City is looking for an experienced and qualified Consultant Firm to provide Senior Engineer/Project Management Consultant Services for the City’s Public Works Department, Capital Projects Division. Under general direction of the City, the consultant shall manage, oversee, evaluate, monitor, and participate in the management of multiple complex capital improvement plan (CIP) projects through all phases (planning, design and construction); supervise and oversee the work of professional, technical, and administrative support staff and/or other consultants; and perform other special assignment or related senior engineer and administrative duties as assigned. Depending on the workload and project needs, City anticipates a commitment of minimum of 20 hours/week up to 40 hours/week with a requirement of two (2) full days working in- person at the City Hall. The services requested are for the overall project management from initial project development through the end of construction and project closeout. These specific tasks and duties include but are not limited to the following:

1. Work independently or with staff and/or other consultants to develop, implement, and monitor work plans to achieve assigned goals and objectives; contribute to development of and monitoring of performance against the division and project budgets; participate in developing, implementing and evaluating work programs, plans, processes, systems, and procedures to achieve d ivision and City goals, objectives and performance measures consistent with the City's quality and service expectations.

2. Work with staff to ensure a high performance, customer service -oriented work environment which supports achieving City objectives and service expectations; provide leadership and participate in programs and activities that promote a positive employee relations environment.

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3. Act as Project Manager and manage, oversee, evaluate, and monitor assigned capital improvement projects through planning, design, and/or construction phases; prepare and maintain detailed project cost estimates and schedules; obtain all necessary regulatory approvals and permits to implement projects; respond to requests for information and clarify and interpret engineering issues, regulations, codes, and requirements; chair preconstruction meetings, review construction schedules, and prepare preconstruction meeting minutes; verify available project funds and prepare purchase requisitions; review and evaluate processes, initiate and prepare change orders and amendments to agreements, schedule revisions and updates, etc.; draft reimbursement invoices to funding agencies and ensure payment; draft and file the Notice of Completion with the County Recorder; coordinate the release of retention payments to contractors; prepare and provide regular project status reports to division management; and complete other required close-out documentation.

4. Participate in the selection and supervision of project consultants and contractors; prepare requests for proposals for outside services; review consultant plans, specifications, submittals, estimates, designs, drawings, and schedules of values for completeness, accuracy, scope of work, constructability, and compliance with federal, state, and local requirements; provide recommendations for acceptable alternative solutions to design errors and other issues; interview contractor employees and verify compliance with federal and state prevailing wage rates and notify contractors of discrepancies; verify rating of contractor bonds and insurance requirements and submit to City Attorney for approval; evaluate bids and recommend awarding of contracts; monitor consultant performance and inspect work for conformance with plans and specifications; assess, identify and facilitate complete resolution of non- compliance issues; review, verify and process consultant and contractor invoices and pay requests for payment.

5. Prepare complete project bid documents which include Plans, Specifications and Estimates (PS&E). Manage and participate in advertisement and bidding processes for projects; prepare bid notices; set bid opening times and dates and attend as assigned; prepar e necessary addenda; verify bid results and bid numbers to identify bid errors and omissions and provide information to the City Attorney as necessary; perform detailed records and reference checks for contractors and sub -contractors; prepare and submit re quired documentation to funding agencies to ensure compliance with bid requirements.

6. Coordinate project activities with other City departments and divisions, consultants, and external agencies for plan review and permitting; conduct and facilitate regular project staff meetings.

7. Serve as primary liaison between the City and contractors and consultants; work with contractors, consultants, and others to resolve conflicts and facilitate solutions; inspect project sites to ensure compliance with project specifications and City policies and resolve issues.

8. Prepare and update a variety of complex and technical engineering project documentation, including staff reports, bid notices, project plans and specifications, requests to advertise and adopt plans and specifications, grant applications, various notices, statements of working days, f inal maps, bonds, agreements, right -of-way acquisitions and other documents; draft interagency agreements for reimbursement and conveyance of easements; prepare future project cost estimates and schedules for the City’s Capital Improvement Plan. Analyze and respond to requests for information and complaints from other public and governmental agencies, community and business groups, citizens, the media, and the public; represent the City and make presentations at various meetings and public hearings.

9. Analyze and respond to requests for information and complaints from other public and governmental agencies, community and business groups, citizens, the media, and the public; represents the City and make presentations at various meetings and public hearings.

10. Identify, evaluate, select, and submit grants for City Council approval; prepare and submit applications for various federal and state grant funding programs; ensure project compliance with grant requirements.

11. Oversee project right-of-way acquisition processes; perform research on project areas to ensure they are within existing City rights-of-way; recommend the acquisition of additional rights-of-way as necessary.

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Approach to Project Management for Capital Improvement Projects The challenges in delivering Capital Projects within the City’s schedule and budget are ever increasing with diminishing resources within the City. We believe Project Management starts with the complete understanding of the City’s goals and the constraints of the project’s funding sources and schedules. For these reasons, it is imperative that a strong project manager have a full understanding of all aspects of each project and the potential hurdles that may be encountered. Our philosophy is to assign each project to a highly skilled and experienced project manager that will remain on each assignment from the beginning to final completion.

This means complete ownership of all project aspects including project development, funding/budgeting, selection and oversite of consultants, coordination with staff, project delivery, and final closeout. This approach ensures the institutional knowledge and continues the momentum throughout the project by providing a consistent project manager. Full communication throughout the project is key.

Our team is successful in delivering Capital Improvement Projects by fostering an environment of teamwork, collaboration, and cooperation with all stakeholders in a project. We have discovered that treating each of the participants in the project, from City staff through design team and ultimately the construction contractor, as part of the project team, creates an atmosphere of cooperation in obtaining a common goal. That goal is the successful completion of a project within budget and schedule wit h minimal claims. Too many times we have witnessed the failure of the project due to the “us against them” attitude between the contracting agency and the successful bidders on a project. We have been able to avoid this through partnering at the project beginning.

CAV Consulting fully understands what is required for Project Management services since our staff has served a number of municipalities in Southern California in a similar capacity. We provide a seamless integration of municipal service professionals in support of public agencies. With increasing demands for project delivery, along with decreasing budgets and resources, Cities are faced with the challenge of providing capable and experienced individuals to manage and coordinate their projects and to ensure proper completion according to the local, state and federal policies and procedures. Full communication with all part ies involved in each project is essential, as well as complete and accurate documentation. An understanding of the existing policies and procedures and positive working relationships with the key personnel is also essential for successful project delivery within schedule and budget.

We propose to perform the following:
 Develop project descriptions and scopes to determine budgets and delivery schedules  Assist in the identification and procurement of necessary regulatory permits  Prepare necessary internal communications to provide the City with regular status updates regarding project schedule, budgets, potential issues, and other items of interest or concern  Prepare City Council staff reports, technical memoranda, or issue papers on projects  Conduct project outreach to external stakeholders as directed by the City  Manage the design team during the preparation of final plans, specification, and estimates  Develop, advertise, rate/rank, negotiate, and select Consultant support services (Construction Management, Inspection, Geotechnical, ROW Services… etc.)
 Manage project bidding and oversee construction support and construction management/inspection  Complete background checks and ensure all bids and proposals have the proper documents and insurances  If required, ensure the process is performed in adherence to Federal Agency (i.e. FHWA/FTA) guidelines  Manage and coordinate with the Right-of-Way Team which handles rights-of-way negotiation and acquisition assistance  Continually monitor and track schedules and budget throughout the project  Coordinate and chair the pre-construction meeting
 Draft and issue the project Notice to Proceed (NTP)
 Coordinate with the City’s Contract Compliance Consultant throughout the project  Coordinate and participate in weekly construction meetings throughout the project  Review and approve or reject invoices from Contractor and consultants  Communicate project status with City Management on a weekly basis (at a minimum)  Coordinate the project close-out upon completion.

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 Draft and record the Notice of Completion

We take the following approach to all projects:

Review of the Original Project Scope, Budget, and Schedule: Many CIP projects do not begin until months, sometimes years, after they are originally developed. Items such as the original project cost estimates, municipal regulations and standards, and physical changes to the project site may have occurred prior to advertising the project for bid. We have even experienced times when utilities may not have been coordinated and soft-cost may not have been included in the project budget, requiring updates to the project scope, budget and schedule. CAV Consulting begins each project by reviewing the existing budget, schedule and goals of the City to minimize impacts to the project that may occur if the former listed issues are not addressed and resolve d.

We then work with the City to identify additional funding sources if necessary and address any of the project parameters tha t may have changed from the project inception. We will work with the City as directed to develop an outreach plan to ensure that the project addresses the community sensitivities, values, and needs.

Request for Proposals (RFPs) for Professional Services: We will provide support services to the City during the Project Development and Design Process including the following:
 Draft RFPs for advertisement by the City
 Work with the City to Develop Criteria for Rating the Proposals  Coordinate with the City to Form a Proposal Review and Rating Panel  Coordinate the Review of the Submitted Proposals with the Selected Panel  Coordinate and Conduct Interviews with the Top Ranked Proposers (if needed)  Draft City Council Report(s) for Professional Contract(s) Award  Work with the Construction Manager and Inspector to Complete a Constructability Review of the Plans and Specifications prior to bidding the Project
 Coordinate the Constructability Review comments with the Design Consultant to ensure they are addressed

Bidding and Construction Support: We will provide support services to the City during the bidding process including the following:
 Coordinate with the Design Consultant to Review and prepare responses to RFI's  Coordinate the Review of Contractor submittals and shop drawings for compatibility with design  Coordinate the Bid Opening with the City and Bidders
 Review the Submitted Bids to determine the Low Responsible Bidder  Check the Contractor’s Credentials, Licenses, and References  Draft a City Council Report for Project Award
 Work with the Construction Manager to Conduct the Preconstruction Conference During construction, we will provide supplemental support to the City including:
 Attend weekly Construction Team meetings as the City Representative  Review and provide recommendations of change order proposals as negotiated by the Construction Manager  Performing final review/ evaluation and assisting with the preparation of punch list for work deficiencies  Draft the City Council Staff Report to approve the Final Adjusting Change Order, Authorize the Filing of the Notice of Completion and Release of the Remaining Retention
 Assure the completion of the record drawings by the Design Consultant based upon the redlined set of as-built plans provided by the Contractor
Communication with City: Complete communication with the City is critical to minimize surprises and deliver a project successfully within budget and schedule. We will continually bring urgent project issues to the City, along with recommended solutions. We also continually communicate with the Project team and the City as follows:
 Weekly meetings with the City to review staff report agendas, CIP procedural or program issues  Weekly project status meetings with the Project Management staff to review project status  Regular meetings of Project Development Teams on key capital projects A.14.a
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 Discuss and resolve conflicts in the field with the City and the Project Team Managing Project Budget and Schedule: Our Project Managers carefully monitor project budgets and schedules weekly throughout the project. We closely track the work of all members of the project team to ensure budgets and schedules are adhered to. The Contractor is directed to provide the schedule of work indicating the Project Critical Path items. After the schedule is secured, the Project Manager and Construction Manager review the schedule to determine its viability and coordinate issues that might arise that may be unknown to the Contractor. After approval of the schedule, and approval by the City, the Notice to Proceed will be issued to the Contractor. Our Project Manager monitors the team members to ensure the workis done within the scope of services and the Project remains within the approved budget and schedule.

Work with Utility Agencies on Relocations: CAV Consulting will work with the Construction Manager and Contractor to coordinate with Utilities that are affected by the Project to properly address all areas of conflict. This will minimize project delays and cost over-runs during the construction process. It will also protect newly constructed infrastructure and minimize the impacts to the community.

It is good practice to start coordination with Utility Companies during the early development stages of a project and continue coordination and communication throughout all project stages.

Keep the same Project Manager Assigned to a Project from “Cradle to Grave”: This approach ensures institutional knowledge and consistency from the project development through construction completion and closeout. Other key steps in the process include:
 Coordinate project advertisement
 Provide documents and plans to bidders
 Keep track of all of those who have purchased or shown interest in the project  Send out any and all addenda/correspondence as necessary.  Provide pre-bid meeting services
 Coordinate the bid opening with the client (date, time and place)  Create a staff report and resolution awarding the project to the lowest responsive/responsible bidder  Coordinate with contractor and consultants to sign contracts  Coordinate with client to prepare fully executed contracts  Submit a Notice to Proceed to the Contractor

PROJECT CONTROLS (QA/QC)
Our staff utilizes proven management systems to closely track work quality, quantity, schedule, cost and budget for all projects as assigned by the City. Delivering projects under aggressive schedules requires careful management, administration, and oversight of project development teams from inception to completion. Our approach and detailed oversight produce projects that are typically within schedule and budget. Our staff works closely with the City and the project stakeholders to navigate issu es that arise. Based on our experience, we will focus our efforts in the following areas:

Project Documentation – The Project Manager will oversee the construction manager/inspector, Geotechnical Firm, and ROW Firm on each project to assure adherence to established standards for project record keeping. Project and budget tracking are completed on excel spreadsheets developed by CAV Consulting.

Customer Service – Our staff are well versed and have much experience in the communication required when working in a municipal environment. Projects will impact residents, businesses, schools, and other agencies. We work with the City to identify all affected parties and then coordinate with them in a respectful and understanding manner during the life of the project. Our staff will coordinate with any public relations consultants at the City or on contract to ensure strong and accurate communications.

Services Proposed

As Project Managers, we will provide overall planning, coordination and control of a project from inception to completion. For each assigned project, we will acquire resources and coordinate the efforts of team members and third -party contractors or consultants in order to deliver the project according to established deadlines and within budget. CAV Consulting will also define the project’s objectives and oversee quality control throughout the project life cycle. The project manager will act as an extension A.14.a
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of the City’s staff and be available to perform project management duties throughout the entire duration of the projects assigned.

As Project Manager for the City, we will perform the following tasks:
 Successfully manage more than one project at a time
 Define project scope, goals and deliverables that support the City’s goals in collaboration with senior management and stakeholders
 Determine and assess need for staff and/or consultants and secure appropriate proposals and contracts  Effectively communicate project expectations to team members and stakeholders  Use project management checklists to identify project requirements and track completion of milestones  Prepare and update project schedules from design through construction  Track and monitor project milestones and deliverables  Management project budget and minimize exposure to excessive risk in a project  Identify permitting and environmental requirements
 Identify the elements of project design and construction likely to give rise to disputes, then proactively resolve and create contingency plans
 Conduct progress meetings
 Coordinate with other agencies and utilities
 Participate in the preparation of cost estimates and construction specifications  Assure quality control
 Devise the project work plans and revisions as required  Design submittal review
 Constructability review
 Participate in bidding phase
 Periodically inspect the project site and assist and provide technical guidance to inspectors in studying field problems and incorporation design revisions as necessary
 Maintain and control project documents
 Review design and construction contract amendments and change orders  Prepare and present project reports on a regular basis  Draft Staff reports for City Council
 Coach, mentor, and direct team members and contractors by influencing them to take positive action and accountability for their assigned work
 Build, develop, and grow business relationships vital to the success of the project  Provide proper documentation to close projects in a timely manner  Provide proper documentation to close projects in a timely manner  Other project management duties as necessary to support City projects

The following Is the Resource Allocation Matrix:

Title Average Hours/week Maximum Hours/Week Maximum Hours/Year Senior Project Manager 20 30 960
Assistant Engineer 20 40 2080
Management Analyst 20 30 960

The hours shown above are estimated proposed available per position. The complexity and circumstances of each assigned project will determine the hours required. To minimize costs to the City, the Management Analyst and Assistant Engineer will support the Senior Project Manager on reports, investigations, background checks, and document review and preparations.

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The following are brief descriptions of the Company’s staff recent experience in similar work including contact references:

CITY OF MORENO VALLEY – ON-CALL PROJECT MANAGEMENT SERVICES

Melissa Walker, PE
Public Works Director/City Engineer
14177 Frederick Street
Moreno Valley, CA 92552-0805
(951) 413-3116

CAV Consulting Staff is currently under contract with the City of Moreno Valley providing On-Call Project Management Services. Projects completed and on-going include the following:

• Citywide Street Rehabilitation Project – Locals (annual) • Citywide Street Rehabilitation Project – Arterials and Collectors (annual) • Heacock Street Pedestrian and Bicycle Facility Enhancements • Moreno Beach Drive/SR60 Interchange Improvements Phase 2 • Kitching Street Storm Drain Improvements
• Juan Bautista de Anza Multi-Use Trail (ATP4)
• Citywide Pavement Rehabilitation Arterials and Collectors Phase 1– 10 year (Stimulus) • Citywide Pavement Rehabilitation Arterials and Collectors Phase 2 – 10 year (Stimulus) • Bicycle Pump Track Project
• Interim Principal Engineer Services (Capital Projects Division Head) • Plan Checking Services for Public Works Land Development

City of Victorville –Project Management – City Street Light Assessment Inventory and Conversion Assessment

Brian Gengler, PE
Former City Engineer
14343 Civic Drive Victorville
CA, 92392-2399
Cell (760) 963-4582

CAV Consulting provided Project Management and Special Assignment Services to complete field and map analysis to verify the existing street light inventory. CAV then completed a cost savings analysis to purchase the Citywide Streetlight System, assume the maintenance and operation of the system, and the energy saving of converting the streetlights from High Pressure Sodium Vapor (HPSV) to Light Emitting Diodes (LED).
“Chris has been a mentor to me for many years. His extensive experience, work ethics, and collaborative and professional approach encourages staff to think outside of the box and fosters creative new approaches to solving complex issues.”
Prem Kumar, PE
Former City Engineer, City of Manhattan Beach
Former Assistant City Engineer, City of Moreno Valley
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City of Indian Wells –Project Management, Engineering, Plan Checking and Building Services

Ken A. Seumalo, PE
Public Works Director/City Engineer
44-950 Eldorado Drive
Indian Wells, California 92210-7497
Direct (760) 776-0237

CAV Consulting Staff experience includes Project Management and Engineering Support Services on projects that were in the City’s Capital Improvement Program (CIP). These projects included:

 Camino Del Rey Overlay Project
 Eldorado Drop Structure Improvements
 RFP Process for On-Call Design Services

The following are clients that are familiar with our success in the delivery of services and projects. We encourage you to contact them.

City of Moreno Valley
 Interim Principal Engineer Services
 Project Management
 Plan Check Services
Harold Zamora, PE
Engineering Division Manager/Assistant City Engineer
14177 Frederick Street
Moreno Valley, CA 92552
(951) 413-3106
[email protected]
City of Indian Wells
 Plan Check Services
Ken A. Seumalo, PE
Public Works Director/City Engineer
44-950 Eldorado Drive
Indian Wells, CA 92210-7497
(760) 776-0237
[email protected]
City of Victorville
 Project Management/Special Services
Brian Gengler, PE
City Engineer 14343
Civic Drive
Victorville, CA 92392-2399
(760) 955-5156
[email protected]

CAV Consulting‘s goal is to deliver Public Works Capital projects within schedule and budget. During the process, we will provide all completed documents, including but not limited to spreadsheets, invoices, contracts, change orders, meeting minutes, correspondence, and schedules for each project in the City’s “P” Drive to ensure all pertinent records are kept with the City.
“Chris brings a wealth of experience and professionalism to every project. As a former Public Works Director/City Engineer, he understands the importance of meeting the
needs of the community to build a quality project that is on schedule and under budget”
Christopher J. Freeland
City Manager
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SECTION 3: Proposed Staff/Team
CAV Consulting is committed to providing the expertise and resources required to support our clients with professional services to successfully meet or exceed their goals. We provide municipal services supporting Public Works, City Engineering, Capital Projects, Land Development, and Administration. Our team consists of professionals with years of service in the public sector. We work well with staff in all City Departments, outside agencies, the development community, and the public to achieve your organization's goals and successfully navigate and overcome project challenges. By incorporating a “Customer Care” philosophy, we have a successful track record of the delivery of services and projects on time and within budget.

The majority of CAV Consulting Staff experience has been in the public sector as City Officials and City Staff. Since we have all left public service, we have continued to provide services exclusively to Public Sector Clients. Below are the cities and Counties we have worked in either as staff or as consultants:

Chino Hills Beaumont Grand Terrace
La Quinta Palm Springs Laguna Niguel
Pomona Indian Wells Victorville
Moreno Valley Rancho Mirage Bell
Wildomar West Covina Riverside County
Eastvale San Marino San Bernardino County
We propose a highly qualified staff led by an experienced Senior Project Manager to deliver projects and services to meet or exceed the City’s expectations. Chris A. Vogt, PE is the designated Principal Engineer and Senior Project Manager that will administer these services and will be the key contact to the City on a day-to-day basis. Michelle Gonzalez, Assistant Engineer is designated as the Assistant Engineer that will provide support to the Senior Project Manager including, but not limited to , tracking projects and budgets, drafting staff reports for review, coordination of meetings, taking and drafting meeting minut es, drafting Contract Change Orders and Amendments, and attend mee tings as needed. Gail Smerkol, Management Analyst will provide administrative support to the Project Team and the City Division(s). This includes but is not limited to, coordinating invoices with City personnel, drafting, reviewing, and coordinating contracts, both Construction and Consultants, downloading all required documents to the different project folders in the City’s Capital Projects Drive, drafting amendments and Council Staff Reports, Filing the Projects Notice of Completion, coordinating meetings, and assisting City Staff on City procedures.

All of the Key Personnel proposed will be available to the extent proposed for the duration of the project acknowledging that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City. The following are brief descriptions of the proposed professionals:

PROJECT MANAGEMENT
Chris A. Vogt, PE│ Principal-in-Charge│ Senior Project Manager B.S. Civil Engineering, University of Pittsburgh. CA Registered Professional Engineer #44250

Chris has over 40 years of successful management, planning, implementing, and administering public works projects and programs. He brings a solid history of successful management with over 24 years as a Public Works Director/City Engineer for a number of Cities in Los Angeles, San Bernardino, and Riverside Counties. He brings an exemplary work ethic focusing on continuous process improvements while maintaining the ability to effectively navigate politically sensitive environments.

Supporting cities in Southern California, Chris has a wealth of knowledge in budget preparation; infrastructure maintenance; professional and construction contract negotiations; organizational development; project management; water, sewer and electrical utility operations and construction; engineering design; staff development; training and mentoring; complex engineering studies such as Development Impact Fees and Assessment Engineering; and conducting public informational/collaborative meetings. Chris is a professional who brings solutions to our clients. He is flexible and his communication style fosters a teamwork atmosphere.

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Michelle Gonzalez│ Assistant Engineer
Michelle is a recent graduate with a Bachelor of Science degree in Civil Engineering. She is Proficient in Excel, Word, and PowerPoint. She also has training and experience in AutoCAD and Civil 3D. Michelle is a self-motivated, dependable professional that excels in time management and problem solving.

She interned in the City of Chico’s Public Works Department where she worked on submittals and permitting for the City and assisted the Engineering Staff with drafting standards and “in- house” designs on AutoCAD. Technical projects that Michell has worked on include designing a water treatment plant for Panajachel, Guatemala, assisting on a Sustainable Engineering project design utilizing Solar Energy, created a topographic map of a bike path with rest station, and created house plans using Civil 3D. She is an excellent communicator with a calm, approachable style. She is bi- lingual which is an added bonus in communicating with the public.

Gail Smerkol│ Management Analyst
Gail’s career encompasses more than fifteen (15) years of experience in financial data, customer service, and quality assurance. Five (5) of those years were with the City of Moreno Valley’s Public Works Department both as a Consultant Management Analyst and as a full time City employee as a Management Assistant. Her background and education have resulted in the ability to analyze and improve operations by fostering collaboration in the workplace and refined written and oral communication skills for success in a management analyst role. She is proficient in Excel, Word, PowerPoint, and Adobe Acrobat Pro. She has training and experience using New World ERP, Accela Civic Platform (ACP), MinuteTraq, Geographic information system (GIS), and PlanetBids. Gail is goal-oriented and has excellent time management and problem-solving skills.

Projects that Gail has worked on include providing support with the Capital Improvement Plan (CIP) to collect and verify project information; participating in the verification of the budget and Life-to-Date expenditures utilizing Financial Management reports.

Participated in analyses of City resource needs and allocation strategies to compile a 2-year Budget Proposal. Drafted multiple Standard Operating Procedures to provide step-by-step instructions to carry out routine operations (Department of Relations Industrial (DIR) Registration, PlanetBids Management, Encroachment Permits, Off -site record storage, ArcMap for Creating NPDES Maps, CFD Annexation Process, COA Process & Explanations, NPDES Mail Ballot Process, Street Light Outage Reporting, Street Light Authorization, Tax Bill Explanation, and Water Usage Data Entry).

The proposed team’s resumes are as follows:

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E D U C A T I O N

Bachelor of Science, CivilEngineering
University of Pittsburgh
Pittsburgh, PA

R E G I S T R A T I O N S

C E R T I F I C A T I O N S

CA Registered Civil Engineer | 44250

P R O F E S S I O N A L

A F F I L I A T I O N S

APWA - American Public Works
Association, Southern California Chapter
President 2012
APWA - American Public Works
Association, Coachella Valley Branch of
Southern CA,
President & Creator, 2000 – 2001
APWA - American Public Works
Association, Inland Empire Branch of
Southern CA,
Board of Directors, 1992 – 1997
City/County Engineers Association
Inland Empire President, 1996
Chris A. Vogt, PE
Senior Project Manager
Chris has over 40 years of successful management, planning, implementing, and administering public works projects and programs. He brings a solid history of successful management with over 24 years as a Public Works Director/City Engineer for a number of Cities in Los Angeles, San Bernardino, and Riverside Counties. He brings an exemplary work ethic focusing on continuous process improvements while maintaining the ability to effectively navigate politically sensitive environments.

He has managed an operational budget of over $39 million and a comprehensive Capital Improvement Program in excess of $1.6 billion. Supporting cities in Southern California, Chris has a wealth of knowledge in budget preparation; infrastructure maintenance; professional and construction contract negotiations; organizational development; project management; water, sewer and electrical utility operations and construction; engineering design; staff development; training and mentoring; complex engineering studie s such as Development Impact Fees and assessment engineering; and public informational and collaborative meetings.

Chris is a professional who brings solutions to our clients. He is flexible and his communication style fosters a teamwork atmosphere in resolving challenges. He is committed to serving the needs of the client through strong leadership and a collaborative approach.

Specific Experience
President | CEO |Public Works Director | City Engineer | Senior Project Manager 2020 - Present CAV Consulting
In addition to developing and administering CAV Consulting, Chris provides project management, planning, developing, implementing, plan checking, and administering public works projects and programs for clients throughout Southern California. His projects include: Interim Principal Engineer/Division Manager for a City’s Capital Projects Division; oversite/direction of Project Managers, developing and implementing capital improvement progr ams and development impact fees; staff training, mentoring and management; direction and supervision of professional and technical staff; program management over consulting contracts (design and construction management professionals); completion of specialty projects; and coordination of issues with public, the Development Community, Business Owners, and other Public Agencies.

Executive Vice President | Public Works Director | City Engineer | Senior Project Manager 2019 - 2020 Annealta Group
Chris provided project management, planning, developing, implementing, and administering public works projects and programs for clients throughout Southern California. His projects included: developing and implementing capital improvement programs and deve lopment impact fees; staff training, mentoring and management; direction and supervision of professional, technical and maintenance staff; program management over consulting contracts (design and construction management professionals); completion of specia lty projects; and coordination of issues with public utilities.

Inland Empire/Coachella Valley Regional Manager | Public Works Director | City Engineer | Project Manager
2012 – 2019 Interwest Consulting Group
Chris developed and managed the Inland Empire/Coachella Valley Regional office. His duties included: interim Public Works Director and City Engineer assignments, project management, planning, developing, implementing, and administering public works projects and programs for clients throughout Southern California. His projects included: developing and implementing capital improvement programs and development impact fees; staff recruitment, hiring, training, mentoring and management; direction and supervision of professional, technical and maintenance staff; program management over consult ing A.14.a
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Director of Public Works | City Engineer
2006 – 2011 City of Moreno Valley
Managed a Public Works Department of 145 professional, technical, maintenance, and clerical staff with an operational budget of $39 million and Capital Improvement budget of $180M (comprehensive $1.6B). Public Works included seven divisions: Administration, Engineering, Land Development, Traffic, Capital Improvement Projects, Maintenance (solid waste, street, storm drainage, graffiti, and fleet), Special Districts, and the Moreno Valley Electric Utility.

Director of Public Works | City Engineer
2001 – 2006 City of Pomona
Supervised the Public Works Department of 97 professionals, which included Administration, Engineering, Development, Traffic, Capital Improvement Projects, Streets, Stormwater, Graffiti Abatement, Facilities Maintenance, Building and Safety, and City Communications.

Select Accomplishments:
- Developed a comprehensive Capital Improvement Program - Developed a bond issue with Gas Tax proceeds to complete $10 million worth of street rehabilitations and improvements
- Completed $2 million White Avenue beautification project fronting L.A. County Fairgrounds - Established and implemented the City’s Graffiti Abatement Program that improved removal time to 24 hours
Director of Public Works | City Engineer
1996 – 2001 City of La Quinta
Managed the Public Works Department of 20 professional, technical, and clerical staff. This included Administration, Engineering, Development, Traffic, Capital Improvements and Street Maintenance.

Select Accomplishments:
- Coordinated the development and implementation of La Quinta’s first Development Impact Fees
- Updated the City’s $800K/year Lighting and Landscape Assessments to conform to Proposition 218
- Completed a $500K community pool and locker room/office facility project within schedule and budget utilizing the design/build process
- Completed a $20 million assessment issue and coordinated the construction associated with the assessment for public sewers, street improvements, and a downtown beautification project
Director of Public Works |City Engineer
1991 – 1996 City of Chino Hills
Held multiple positions while serving the City of Chino Hills. Was appointed as the City’s first Director of Public Works/City Engineer when the city incorporated in December 1991.

Established and directed the Public Works Department of 55 employees under six divisions.

These divisions included Administration, Engineering Design and Development, Traffic and Roads, Water, Sewer, Drainage, Utility Operations, and Facilities/Vehicle Maintenance and Operations, and the Parks and Landscape Maintenance Division Select Accomplishments:
- Completed the $10 million extension of the ultimate improvements to Chino Hills Parkway - Developed the first Public Works Department for the City of Chino Hills after Incorporation - Supervised a $13M/year Water Utility operational budget for the City - Developed the first Pavement Management System for Chino Hills - Developed and Streamlined the Final Map and Developer Entitlement process A.14.a
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E D U C A T I O N

Bachelor of Science, CivilEngineering
California State University
Chico

R E G I S T R A T I O N S

C E R T I F I C A T I O N S

Testing for Engineer-in-Training (EIT)
Certificate in October 2023

P R O F E S S I O N A L

A F F I L I A T I O N S

American Society of Civil Engineers (ASCE)
Latinos In Technical Careers (LTC)
Riverside City Council Student Board
Member (2012-2013)
Michelle Gonzalez
Assistant Engineer
Michelle is a recent driven graduate Civil Engineer, eager to learn and succeed. She is Proficient in Excel, Word, and PowerPoint. She has training and experience in AutoCAD and Civil 3D.

Michelle is a self-motivated, dependable professional that excels in time management and problem solving. Due to the Covid pandemic causing the economy “shut -down”, Engineering jobs and projects were pretty much non-existent when Michelle graduated. She started her own “Math-Tutoring” business that has since grown to 25 clients ranging from elementary school to college students.

Michelle interned in the City of Chico’s Public Works Department where she worked on submittals and permitting for the City and assisted the Engineering Staff with drafting standards and “in-house” designs on AutoCAD.

Technical projects that Michell has worked on include designing a water treatment plant for Panajachel, Guatemala, assisting on a Sustainable Engineering project design utilizing Solar Energy, created a topographic map of a bike path with rest station, and created house plans using Civil 3D. She is an excellent communicator with a calm, approachable style. She is bi - lingual which is an added bonus in communicating with the public.

Specific Experience
Math Tutor
2021 - Present Self Employed – Riverside, CA
Comprehensive math tutoring services for multiple students ranging from elementary to college level.

Managed clientele, scheduling, and billing independently. Conducted initial assessments to evaluate student’s strengths, weaknesses, and learning styles. Created individualized lesson plans for each student. Successfully improved students grades and test scores.

Engineering Intern
2019 - 2020 Northstar, Inc – City of Chico
Aided in a variety of multi-disciplinary projects specializing in architecture, civil engineering, surveying, planning and environmental services. Assisted the Engineering Staff with drafting on AutoCAD, worked on submittals and permitting for the City. Attended City Council meetings for future/current projects. Completed field work such as surveying and percolation testing. Determined cost estimates for projects.

Undergraduate Researcher
2019 – 2019 California State University, Chico – Engineering Department Aided a professor in a research project in the field of environmental engineering. The goal of the project was to achieve resource recovery from agriculture waste to provide safe water reuse and improve water quality by reducing pollution in Costa Rica. Outlined and wrote the goal and scope of the project. Determine sustainability by using SimaPro to determine life cycle assessment (LCA) and illustrated graphs to demonstrate the carbon footprint.

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E D U C A T I O N

Master of Science in Management and
Systems, 2020
New York University
New York, NY

Bachelor of Science in Organizational
Management, 2016
St. Joseph's University
Long Island, NY
Gail Smerkol
Management Analyst
Gail’s career encompasses more than fifteen years of experience in financial data, customer service, and quality assurance. Background and education have resulted in the ability to analyze and improve operations by fostering collaboration in the workplace — refined written and oral communication for success in a management analyst role. She is proficient in Excel, Word, PowerPoint, and Adobe Acrobat Pro. She has training and experience using New World ERP, Accela Civic Platform (ACP), MinuteTraq, Geographic information system (GIS), and PlanetBids.

Gail is goal-oriented and has excellent time management and problem-solving skills.

Projects that Gail has worked on include providing support with the Capital Improvement Plan (CIP) to collect and verify project information; participating in the verification of the budget and Life-to-Date expenditures utilizing Financial Management reports. Participated in analyses of City resource needs and allocation strategies to compile a 2- year Budget Proposal. Drafted multiple Standard Operating Procedures to provide step-by-step instructions to carry out routine operations (Department of Relations Industrial (DIR) Registration, PlanetBids Management, Encroachment Permits, Off- site record storage, ArcMap for Creating NPDES Maps, CFD Annexation Process, COA Process & Explanations, NPDES Mail Ballot Process, Street Light Outage Reporting, Street Light Authorization, Tax Bill Explanation, and Water Usage Data Entry).

Specific Experience
Management Analyst
2022 - Present CAV Consulting – City of Moreno Vally, CA Provide Management Analyst Support Services to the City’s Capital Improvement Project Division and other City Departments and Divisions as assigned. Train new Moreno Valley Staff Members in Analyst duties including Contracts, Project Manager Support, recruitments, invoices, contract compliance, records keeping, and other duties as assigned by the City’s Engineering Services Manager.

Management Assistant
2018 - 2022 City of Moreno Valley, CA – Public Works Department Processed purchase requisitions, contracts, amendments, a variety of permits, and insurance certificates; composed, revised, and generated reports, correspondence, memoranda’s, consultant on-call and project-specific agreements, contract specification, public notices, drafted agreements for legal advisement review of contracts and legal documents by the City Attorney’s office. Provide support in preparing bid documents, the bidding process, staff reports, contract change orders, and paying invoices.

Processed, maintained, researched, and gathered support documentation on all Public Records Request, liability claims, incident reports, and customer relationship management cases (CRMs).

Construction Administrator
2015 – 2016 T.F. Andrew – New Construction Division – New Rochelle, NY Documented the progress of various construction projects, created customer billing invoices using Excel AIA spreadsheets, and route contracts. Achieved less than 1% job disturbance on projects while administering the order and delivery of material samples. Spearheaded travel arrangements and coordinating trade shows without a single adverse incident. Performed clerical work including answering telephone calls, providing customer service, and managing records.

Payment Processor/Credit Underwriter
2007 – 2014 Citi – The Lakes, NV
Improved department workflow by cross -training five operators in daily consolidations of payments processed. Performed high -volume data entry, nightly payment consolidations, and provided courteous customer service. Boosted team performance by recommending and creating a customer service training manual for telephone calls. Properly used confidential data to perform credit and financial analysis to identify and manage risk.

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SECTION 4: Required Statements
CAV Consulting (Consultant) will abide by the following statements as required under Moreno Valley’s RFP #2023-020 posted on August 28, 2023:

 This RFP shall be incorporated in its entirety as a part of the CAV Consulting’s Proposal (Proposal).  This RFP and the 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 City Manager of Moreno Valley.  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."
 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. (Not needed, Consultant has no “Additions or Exceptions).  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. (This has been included within the proposal)  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.  There are no sub- consultants proposed for these services. If a sub -consultant is required on a particular assigned project, the Consultant shall provide the 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.
 The Consultant acknowledges and understands that the Consultant will not be allowed to change the sub -consultant without written permission from the City.
 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
he 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.  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.  A copy of the Consultant's hourly rate schedule has been submitted as a separate document, as required by the RFP, 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 estimated itemized cost breakdown for the work described shall 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.  The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
 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.  The Consultant shall allow all authorized federal, state, county, and City officials access to place of work, books, A.14.a
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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.  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.  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.  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.

SECTION 5: Required Forms
As required by RFP#2023-020, and Addendums #1 and 2, the following required forms have been included as part of this proposal:

1. Non-Collusion Affidavit Form

2. Exhibit 10-01, Consulting Proposal DBE

3. Exhibit 10-Q. Disclosure of Lobbying Activities. – CAV Consulting has never participated in any Lobbying activities.

The required forms are on the following pages:

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NONCOLLUSION DECLARATION

(To be executed by Bidder and Submitted with Bid)

The undersigned declares:

I am the President/Owner of CAV Consulting, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on September 14, 2023, at Moreno Valley, California [state].

By:
(signature)

Printed Name: Chris A. Vogt, PE

Title: President/Owner
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SECTION 6: Cost Proposal

The Cost Proposal is submitted separately as required in the RFP.

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EXHIBIT “C”

CITY - SERVICES TO BE PROVIDED

TO CONSULTANT

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

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

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

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EXHIBIT “D”

TERMS OF PAYMENT

1. The Consultant's compensation shall not exceed $ ____TBD_______ .

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

3. The Consultant will electronically submit an invoice 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 Proposal, but in no case will progress payments be made to the Consultant more frequently than 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 progress payment shall be final. The consultant will submit all original invoices to Accounts Payable staff at [email protected]. Accounts Payable questions can be directed to (951) 413-3130.

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 completed prior to any payments by the City. Any invoice not paid because the A.14.a
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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 Number (e.g. WORK, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates , explicit portion of a contract amount , or detailed billing information that is sufficient to justify the invoice amount ; single, lump amounts without detail are not acceptable .

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

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COST PROPOSAL
RFP # 2023 - 020
Professional Consultant Senior Engineer
Services

PR E PA R E D F O R

City of Moreno Valley – Purchasing Division
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552

SUBMITTED BY

CAV CONSULTING
Chris A. Vogt, PE | President/Owner
17130 Van Buren Blvd., Ste 526
Riverside, CA 92504

direct 951.616.4925
[email protected]

CAV Consulting
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CAV CONSULTING - HOURLY RATES FOR S ERVICES
Hourly billing rates for the specific services proposed are as follows:

Classification Rate
Principal ................................................................................................................................................................. $200 Public Works Director ................................................................................................................................................185 City Engineer ........................................................................................................................................................... 180 Senior Project Manager ............................................................................................................................................ 175 Project Manager ....................................................................................................................................................... 170 Traffic Engineer ........................................................................................................................................................ 165 Senior Construction Manager.....................................................................................................................................165 Construction Manager ............................................................................................................................................... 155 Management Analyst ................................................................................................................................................. 121 Staff Analyst .............................................................................................................................................................. 118 Resident Engineer ..................................................................................................................................................... 165 Plan Check Engineer III ............................................................................................................................................. 160 Plan Check Engineer II .............................................................................................................................................. 155 Plan Check Engineer I ............................................................................................................................................... 150 Senior Engineer ........................................................................................................................................................ 170 Associate Engineer ................................................................................................................................................... 150 Assistant Engineer (EIT) ............................................................................................................................................ 134 Engineering Technician II .......................................................................................................................................... 115 Engineering Technician I ........................................................................................................................................... 110 Administrative Support II .............................................................................................................................................. 70 Administrative Support I ............................................................................................................................................... 65 Senior Public Works Inspector (or prevailing wage) .................................................................................................... 150 Public Works Inspector IV ......................................................................................................................................... 140 Public Works Inspector III .......................................................................................................................................... 135 Public Works Inspector II ........................................................................................................................................... 130 Public Works Inspector I ............................................................................................................................................ 125 Building and Safety Services
Building Official ......................................................................................................................................................... 160 Building Plans Examiner III ........................................................................................................................................ 150 Building Plans Examiner II ......................................................................................................................................... 145 Building Plans Examiner I .......................................................................................................................................... 140 Sr. Building Inspector (or Prevailing Wage) ................................................................................................................ 150 Building Inspector II ................................................................................................................................................... 140 Building Inspector I .................................................................................................................................................... 130 Certified Permit Technician .......................................................................................................................................... 80 Consultation in connection with litigation and court appearances will be quoted separately. Overtime will be billed at 1.5 times, and Sundays and holidays

2.0 times the standard rate. A sub consultant management fee of ten percent (10%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation and coordination. Valid thru FY 2023/2024; thereafter, the rates may be raised once per year to the value of change of the Consumer Price Index for the Riverside County.

CAV Consulting
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EXHIBIT “E”

INSURANCE REQUIREMENTS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

Minimum Limits of Insurance

Consultant shall maintain limits of liability of not less than:

1. General Liability:

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

2. Automobile Liability:

$1,000,000 per accident for bodily injury and property damag e

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 Liability (Errors and Omissions):

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

Umbrella or Excess Insurance

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

Deductibles and Self-Insured Retentions

Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles o r 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, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibl es 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 Moreno Valley Community Services District, the Moreno Valley Housing Authority , and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.

2. The coverage shall contain no special limitations on the scope of protection afforded to 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 shall be primary and no contribution shall be required of City.

The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its ins urer 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.

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

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

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

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

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

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

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

Acceptability of Insurers

All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or aut horized 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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1 AGREEMENT FOR

PROFESSIONAL CONSULTANT SENIOR ENGINEER AND

RELATED ADMINISTRATIVE SERVICES FOR CAPITAL PROJECTS DIVISION

This Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 202 3 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and HR Green Pacific, Inc ., (California corporation, partnershi p, sole ownership ), hereinafter referred to as “Consultant.”

RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the professional consultant senior engineer and administrative services hereinafter described as "WORK"; and
WHEREAS, the City has determined the WORK 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; an d WHEREAS, the City does not have available employees to perform the services for the WORK; and
WHEREAS, the City has requested the Consultant to perform such services for the WORK; and
WHEREAS, the Consultant is professionally qualified in California to perform the professional and technical services required for the WORK, 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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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

2 DESCRIPTION OF WORK

1. The WORK is described as Professional Consultant Senior Engineer and Administrative Services.

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 Requ est for Proposal shall take precedence over the Consultant's Proposal.

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

PAYMENT TERMS

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

TIME FOR PERFORMANCE

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

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

7. This Agreement shall be effective from effective date and shall continue in full force and effect date through December 30, 2026 , subject to any earlier termination in accordance with this Agreement. The services of Consultant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreemen t.

8. (a) The Consultant agrees that the personnel, including the principal WORK A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

3 Manager, and all subconsultants assigned to the WORK by the Consultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel sh all 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 nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, a n agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.

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

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

12. The Consultant shall comply with applicable f ederal, 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, mar ital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES
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, sta tus as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or advertisements for employees plac ed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual A.14.b
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SENIOR ENGINEER AND ADMINISTRATIVE SERVICES
orientation, eth nicity, status as a disabled veteran or veteran of the Vietnam era. (d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subconsultant to also comply with the requirements of this Section 13 .

14. Indemnification.
a. Design Professional Services. To the fullest 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 indemnify, and hold the City, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, and employees harmless from any and all liability, damages, or injuries to any person, including injury to the Consultant's employees and costs to the extent caused by negligent, reckless, or willful misconduct in the performance of the work, or are 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, their officers, agents or employees; and does not apply to any passive negligence of City.
b. Non-Design Professional Services .For all non -design professional services, Consultant shall indemnify, defend, and save the City, the Moreno V alley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES
6 person, including injury to the Consultant's emp loyees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations 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 subcontract 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 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, Consultant 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.

15. 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 Consultant as an independent Consultant of City and agents and employees of Consultant , and not as agents or employees of City. Consultant and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find A.14.b
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7 that persons providing services pursuant to this 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 providing services under this Agreement to City are City’s employees, Consultant shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either Consultant or City files an appeal or court challenge, Consultant 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.

This section shall survive termination or expiration of this Agreement.

17. Insurance.
(a) Throughout the life of this Agreement, 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 the 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 shall be discontinued immediately, and all payments A.14.b
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SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

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

The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by C ity that an insurer has commenced proceedings, or has had proceedings commenced against it, in dicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant , including, without limitation, liability under the indemnity provisions of this Agreemen t. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant , its principals, officers, agents, employees, persons under the supervision of Consultant , vendors, suppliers, invitees, consultants, sub -consultants, subconsultants or anyone employed directly or indirectly by any of them.
(d) Upon request of C ity, Consultant shall immediately furnish C ity with a complete copy of any insurance policy required under this Agreeme nt, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to provide insurance protection in favor of C ity and each of its officers, officials, employees, agents and A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

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

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 applicable 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 the 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 C alifornia has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authori zed 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 Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the WORK site where work is to be performed, in accordance with Labor Code Sec tion 1773.2. Consultant shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

10 determination. As the wage determination 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 mechanics 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 violation 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 WORK is thirty thousand dollars ($30,000.00) or more, Consultant shall further comply with provisions set forth in Labor Code Section 1777 .5 pertaining to employment of properly registered apprentices, including without limitation 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 emp loyed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio 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 WORK shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours wor ked each day and week, and the actual per A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

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 s ame information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Consultant or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records 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 provide certif ied 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 must 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 WORK 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 the Departm ent 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 Consultant entering into any contracts with any subcontractor, Consultant shall obtain proof that all su ch subcontractors have also registered with the Department in accordance with Section 1725.5.

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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

12 20. (a) The Consultant shall deliver to the Public Works Director/City Engineer or his/her designated representative, fully completed and detailed WORK-related documents which shall become the property of the City. The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized u se of computations, maps, and other documents prepared or provided by the Consultant under this Agreement, if used by the City on other work without the 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 without any liability of C ity to C onsultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against C onsultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any C ity fiscal year of this Agreement, or insufficient funding for the WORK; 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 WORK 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 Cit y. The City shall pay the Consultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

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 C onsultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, C ity’s damages caused by such failure. In no event shall any payment by C ity pursuant to this Agreement constitute a waiver by C ity of any breach of this Agreement which may then exist on the part of Consultant , nor shall such payment impair or prejudice any remedy available to C ity with respect to the breach. (c) Upon any breach of this Agreement by Consultant , City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience .
(d) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of C ity in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. C onsultant shall notify City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.

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SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

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

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

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

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

26. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will n ot be released to third A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

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 Section 87100 et. seq.) and the regulations 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 opini on 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 services 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 C ity council, commission, board, commi ttee, or similar C ity body.

This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant , nor any of Consultant’s subconsultants performing any services on this WORK, shall bid for, assist anyone in the preparation of a bid f or, or perform A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

16 any services pursuant to, any other contract in connection with this WORK unless fully disclosed to and approved by the City Manager, in advance and 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 WORK unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 2 5(a), above.
(e) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subconsultants to comply therewith.
(f) This Section 25 shall survive expiration 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 WORK, be delivered to and be the property of the City, provided that the Consultant sha ll be entitled, at its own expense, to make copies thereof for its own use.

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

30. Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of A.14.b
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AGREEMENT FOR PROFESSIONAL CONSULTANT

SENIOR ENGINEER AND ADMINISTRATIVE SERVICES

17 executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” _____
Initials
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are kno wn or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further rep resents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

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

SIGNATURE PAGE FOLLOWS
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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING

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

City of Moreno Valley HR Green Pacific Inc.

BY: BY:

Mike Lee, City Manager
Name:

Date TITLE:
(President or Vice President)

Date

BY:

Name:

TITLE:
(Corporate Secretary)

Date

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

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date
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REQUEST FOR PROPOSAL
2023-020

PROFESSIONAL CONSULTANT SENIOR ENGINEER SERVICES
City of Moreno Valley
14177 Frederick St.

Moreno Valley, CA 92552
RELEASE DATE: August 28, 2023
DEADLINE FOR QUESTIONS: September 11, 2023
RESPONSE DEADLINE: September 18, 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 HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING City of Moreno Valley

REQUEST FOR PROPOSAL
Professional Consultant Senior Engineer Services

1. NOTICE TO BIDDERS ................................ ................................ ...................

2. SCOPE OF SERVICES ................................ ................................ ...................

3. GENERAL INFORMATION ................................ ................................ ...........

4. PROPOSAL CONTENT ................................ ................................ .................

5. PROSPECTIVE BIDDER QUALIFICATIONS ................................ .....................

6. SUBMISSION OF PROPOSALS ................................ ................................ .....

7. EVALUATION AND RANKING OF PROPOSALS ................................ .............

8. AWARD ................................ ................................ ................................ ......

9. SPECIAL TERMS AND CONDITIONS ................................ .............................

10. Vendor Questionnaire................................ ................................ ................

Attachments:

A - Non-Collusion Declaration
B - Exhbit 10-O1 Consultant Proposal DBE Commitment
C - Exhibit 10-Q Disclosure of Lobbying Activities
D - Sample Consultant Agreement for Professional Consultant Senior Engineer Services

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 3 1. NOTICE TO BIDDERS

1.1. Summary
The City o f Moreno Valley is seeking qualified firms whose staff has in -depth experience in project management and implementation to serve as staff extension for the City's Public Works Department to manage various capital improvement plan (CIP) projects and perform project-related senior engineer and administrative duties as assigned.

You are herby invited to submit a proposal for providing professional consultant senior engineer services for the Public Works Department. The selected consultants could be retained to serve the City for a period of three (3) years subject to the approval of the City Council.

1.2. Background
Moreno Valley was incorporated 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 and Management Services and Library services. The City contracts with Riverside County for Police and Fire services.

1.3. Timeline
Due Dates and RFP-Contract Award Schedule
The Request for Proposal (RFP) release, proposal review and consultant selection processes that leads to the award of a contract for the requested services are antici pated to be completed per the following schedule:

RFP Release Date August 28, 2023
Questions & Answer Deadline September 11, 2023, 2:00pm
Proposal Due Date September 18, 2023, 2:00pm
Proposal Review September 20, 2023
City Council Awards Contract October 3, 2023
Notice to Proceed with Services October 23, 2023

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Title: Professional Consultant Senior Engineer Services 4 2. SCOPE OF SERVICES

2.1. General
Under general direction, the selected staff from successful firm shall provide Professional Consultant Senior Engineer Services for a contract time of up to three (3) years subject to the approval of the City Council. The duration of work shall be on an as-needed basis.

The consultant shall manage, oversee, evaluate, monitor, and participate in the management of multiple complex capital improvement plan (CIP) projects through all phases (planning, design and construction); supervise and oversee the work of professional, technical, and administrative support staff and/or other consultants; and perform other special assignment or related senior engineer and administrative duties as assigned. Depending on the workload and project needs, City anticipates a commitment of minimum of 20 hours/week up to 40 hours/week with a requirement of two (2) full days working in -person at the City Hall.

2.2. Specific Tasks and Duties

2.2.1 Works independently or with staff and/or other consultants to develop, implement, and monitor work plans to achieve assigned goals and objectives; contributes to development of and monitoring of performance against the division and project budgets; participates in developing, implementing and evaluating work programs, plans, processes, system s, and procedures to achieve division and City goals, objectives and performance measures consistent with the City's quality and service expectations.

2.2.2 Works with staff to ensure a high performance, customer service -oriented work environment which supports achieving City objectives and service expectations; provides leadership and participates in programs and activities that promote a positive employee relations environment.

2.2.3 Acts as Project Manager and manages, oversees, evaluates, and monitors assigned capital improvement projects through planning, design, or construction phases; prepares and maintains detailed project cost estimates and schedules; obtains all necessary regulatory approvals and permits to implement projects; responds to re quests for information and clarifies and interprets engineering issues, regulations, codes, and requirements; chairs preconstruction meetings, reviews construction schedules, and prepares preconstruction meeting minutes; verifies available project funds an d prepares purchase requisitions; reviews, evaluates, processes, initiates, and prepares change orders, amendments to agreements, schedule revisions, and updates, etc.; drafts reimbursement invoices to funding agencies and ensures payment; files notices of completion with County Recorder; releases retention payments to contractors; prepares and provides regular project status reports to division management; and other close-out documentation.

2.2.4 Participates in the selection and supervision of projec t consultants and contractors; prepares requests for proposals for outside services; reviews consultant plans, A.14.b
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Title: Professional Consultant Senior Engineer Services 5 specifications, submittals, estimates, designs, drawings, and schedules of values for completeness, accuracy, scope of work, constructability, an d compliance with federal, state, and local requirements; provides recommendations for acceptable alternative solutions to design errors and other issues; interviews contractor employees and verifies compliance with federal and state prevailing wage rates and notifies contractors of discrepancies; verifies rating of contractor bonds and insurance requirements and submits to City Attorney for approval; evaluates bids and recommends awarding of contracts; monitors consultant performance and inspects work for conformance with plans and specifications; assesses, identifies and facilitates complete resolution of noncompliance issues; reviews, verifies and processes consultant and contractor invoices and pay requests for payment.

2.2.5 Prepares complete project bid documents which include Plans, Specifications and Estimates (PS&E). Manages and participates in advertisement and bidding processes for projects; prepares bid notices; sets bid opening times and dates and attends as assigned; prepares necessary addenda; verifies bid results and bid numbers to identify errors and omissions and provides information to the City Attorney as necessary; performs detailed records and reference checks for contractors and subcontractors; prepares and submits required documentati on to funding agencies to ensure compliance with bid requirements.

2.2.6 Coordinates project activities with other City departments and divisions, consultants, and external agencies for plan review and permitting; conducts and facilitates regular project staff meetings.

2.2.7 Serves as primary liaison between the City and contractors and consultants; works with contractors, consultants, and others to resolve conflicts and facilitate solutions; inspects project sites to ensure compliance with project specifications and City policies and resolve issues.

2.2.8 Prepares and updates a variety of complex and technical engineering project documentation, including staff reports, bid notices, project plans and specifications, requests to advertise and ado pt plans and specifications, grant applications, various notices, statements of working days, final maps, bonds, agreements, right -of-way acquisitions and other documents; drafts interagency agreements for reimbursement and conveyance of easements; prepare s future project cost estimates and schedules for the City’s Capital Improvement Plan.

2.2.9 Analyzes and responds to requests for information and complaints from other public and governmental agencies, community and business groups, citizens, the media , and the public; represents the City and makes presentations at various meetings and public hearings.

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Title: Professional Consultant Senior Engineer Services 6 2.2.10 Identifies, evaluates, selects, and submits grants for City Council approval; prepares and submits applications for various federal and state gr ant funding programs; ensures project compliance with grant requirements.

2.2.11 Oversees project right-of-way acquisition processes; performs research on project areas to ensure they are within existing City rights -of-way; recommends the acquisition of additional rights-of-way as necessary.

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 7 3. GENERAL INFORMATION
Proposals must be submitted electronically via the City of Moreno Valley e -Procurement System, OpenGov, before the Due Date and Time as shown on Section 1.3 of this RFP, at:
https://procurement.opengov.com/portal/morenovalley

The proposer shall provide a separate file for technical proposal and a separate file for cost proposal. (Note: Cost proposals will not be opened during the review and rating of the technical proposals. Once the consultant ranking is made and top-ranked consultant is identified, only the cost proposal of the top- ranked consultant will be opened for review and contract negotiation purposes.) 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 Questions & Answers Section on the e -Procurement System, OpenGov. No phone calls 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 the Questions & Answers Deadline as shown on Section 1.3 of this RFP.

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.

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.

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).

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.

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.

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Title: Professional Consultant Senior Engineer Services 8 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.

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 9 4. PROPOSAL CONTENT
The Consultant’s Proposal shall be no more than 20 pages, excluding executive summary, resumes, dividers, 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.

4.1. Executive Summary
The Consultant shall include an executive summary with general firm’s information including full legal name and contact information, organizational structure (corporation, LLC, etc.), name(s) and title(s) of the principal owner(s), person(s) authorized to make commitments for your company identified in the corporate resolution, firm history and length of relevant experience, and current number of employees with emphasis on key personnel. The executive summary shall be limited to a maximum of one page.

4.2. Technical Proposal
The Consultant shall include, but not be limited to, the following items in the body of the proposal:

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

4.2.2 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 current workload.

4.2.3 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.

4.2.4 A list of deliverables or goals to be achieved for this service contract.

4.2.5 Procedures for perform Quality Assurance and Quality Control (QA/QC) on the services to be provided.

4.2.6 Related experience including relevant experience date, name of agency, and reference name/contact information.

4.6.7 A resource allocation matrix (exclude cost information).

4.3. Proposed Staff/Team

4.3.1 Information on key personnel who is expected to remain in service until completion of the contract.

4.3.2 Information on the back-up personnel in the event of the key personnel not available to provide the contracted services for certain short period during the contract duration.

4.3.3 Provide resumes of proposed staff/team members.

4.4. Required Statements
The Consultant’s Proposal shall include the following:

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 10 4.4.1 A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal.

4.4.2 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 City Manager of Moreno Valley.

4.4.3 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."

4.4.4 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.

4.4.5 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.

4.4.6 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.

4.4.7 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.

4.4.8 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.

4.4.9 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.

4.4.10 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.

4.4.11 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.

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 11 4.4.12 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.

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

4.4.14 A statement that all federal laws and regulations shall be adhered to notwithstandi ng 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.

4.4.15 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.

4.4.16 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.

4.4.17 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.

4.4.18 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 u nder 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.

4.5. Required Forms

4.5.1 Non-Collusion Declaration Form

4.5.2 Exhibit 10-O1, Consultant Proposal DBE Commitment

4.5.3 Exhibit 10-Q, Disclosure of Lobbying Activities

4.6. Cost Proposal

4.6.1 A Cost Proposal that includes all costs associated with the requested services for the anticipated service length of up to three (3) years.

4.6.2 A rate schedule aligned with titles in the resource allocation matrix in Technical Proposal.

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

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 12 4.6.4 Itemized tasks and corresponding costs must be identical to the detailed Scope of Services included as part of the Proposer’s Technical Proposal.

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 13 5. PROSPECTIVE BIDDER QUALIFICATIONS

5.1. Prospective Bidder Qualifications
The intent of this RFP is to evaluate the proposals, determine the prospective bidder's that are in the competitive range, and select proposers that will provide the highest level of professional services for City.

5.2. Minimum Qualifications:

The proposed staff who will be providing consultant senior engineer services shall have the knowledge of:

5.2.1 Theories, principles and practices of civil engineering design and construction.

5.2.2 Principles and modern techniques and commonly used materials and equipment used in design, construction, and maintenance of various public works projects.

5.2.3 Federal, state, and local laws, regulations, and court decisions applicable to public works projects.

5.2.4 Information technology and computer capabilities to perform daily engineering tasks.

5.2.5 Principles and practices of sound business communication, teamwork, and work ethics.

The proposed staff shall also possess the ability to:

5.2.6 Prepare, direct preparation of and review complex engineering designs, plans, specifications, and legal contracts.

5.2.7 Perform difficult technical research and analyze complex engineering and mathematical problems, evaluating alternatives a nd recommending or adopting effective courses of action.

5.2.8 Plan, organize, manage, and integrate engineering design and construction activities.

5.2.9 Design issues, analyze problems, evaluate alternatives, and develop sound and independent judgements and recommendations.

5.2.10 Understand, interpret, explain, and apply federal, state, and local policy, law, regulations, and court decisions applicable to public works project implementation.

5.2.11 Operate a personal computer using standard or cust omized software applications appropriate to assigned tasks.

5.2.12 Supervise and evaluate the work of professional consultants and construction contractors.

5.2.13 Prepare clear, concise, and comprehensive correspondence, reports, and other written materials.

5.2.14 Organize, set priorities, and exercise sound independent judgement within areas of responsibility.

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Title: Professional Consultant Senior Engineer Services 14 5.2.15 Exercise tact and diplomacy in dealing with sensitive and complex issues and situations.

5.2.16 Establish and maintain effective working relationships with City management, staff, contractors, consultants, representatives of other governmental and utility agencies, business and community groups, citizens, the public and others encountered in the course of work.

5.3. Education, Training, and Licenses:

5.3.1 A bachelor’s degree in civil engineering.

5.3.2 A minimum of five years of professional civil engineering experience.

5.3.3 At least three years’ experience in a supervisory or program management capacity.

5.3.4 A valid California Civil Engineering License.

5.3.5 A valid California driver’s license and the ability to maintain i nsurability under City’s vehicle insurance policy.

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 15 6. 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 the requested shall be uploaded to OPENGOV on or before, but no later the Date and Time as shown on Section 1.3 of this RFP. Any responses received after this time will not be considered by the City.

The response shall be signed by an offi cer, or officers, authorized to execute legal documents on behalf of the respondent.

The City reserves the right to waive informalities in any proposal, to reject 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. Bidders 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 indicating that the bid was submitted successfully.

Transmission of bids by any other means will not be a ccepted. 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/or improperly submitted bids. Bidders experiencing any technical difficulties with the bid submissi on 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 submi ssion deadline.

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 16 7. EVALUATION AND RANKING OF PROPOSALS
In accordance with the Chapter 3.12 PURCHASING City Municipal Code’s objective of selecting the most qualified consultant for providing the requested services, a Review Board which is 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 prospective bidder's based upon the following criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. The Firm’s General Experience and
Qualification Information (20 points)
Information about the company (and all sub-
Consultants) including professional licenses
held; ability to furnish required insurance and
meet stipulations of the City’s “boiler plate”
agreement; details about comparable projects
completed by the firm, as well as local
experience; and its ability to provide the
required services in an efficient and
expeditious manner.
0-100 Points 20
(20% of Total)

2. Experience of Key Personnel (60 points)
Background on key personnel (including all
sub-consultants) qualifications, abilities,
familiarity with state and federal procedures,
local experience on comparable projects and
length of service with the firm, reference
information preferably with municipal
agencies, and proven track record and depth
of understanding/knowledge of the proposed
staff.
0-100 Points 60
(60% of Total)

3. 3. Project Approach/Understanding (20
points)
Understanding of requested services and how
the Consultant team plans to address them;
the approach, methods, and procedures to be
used on managing and implementing CIP
projects; the management approach and
organization necessary to complete the
specific project or projects; and outline quality
control measures to ensure delivery of a
quality services on time, within budget that
provides a cost efficient, timely and
predictable execution of the project
implementation.
0-100 Points 20
(20% of Total)

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 17 8. AWARD

8.1 After conclusion of the Evaluation and Ranking of Proposals processes, a Notification of Intent to Award may be sent to any prospective bidder's selected. City may make multiple awards.

8.2 Award is contingent upon the successful negotiati on 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 nego tiate 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.

8.3 Prices are firm fixed prices during each contract period.

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

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 18 9. SPECIAL TERMS AND CONDITIONS

9.1. Termination

9.1.1 If, in the opinion of the City of Moreno Valley, the awarded consultant fails to perform or provide prompt, efficient service, the City must have the right to terminate or cancel the Agreement upon 10 calendar day’s prior written notice with or without cause and pay Consultant for the value of the actual work satisfactorily performed to the date of termination.

9.1.2 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 Consultant for the value of actual work satisfactorily performed to the date of termination.

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

9.2. Public Employees Retirement Law (CalPERS)

9.2.1 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, Consultant 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 si milar obligations, as well as for the payment of any penalties and interest.

9.2.2 CalPERS Participation. As set forth in this Agreement and in the Request for Proposal, City has an obligation to treat all persons working for or under the direction of Consultant as an independent contractor of City and agents and employees of Consultant, and not as agents or employees of City. Consultant 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.

9.2.3 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.

9.2.4 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, Consultant shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either Consultant or City files an appeal or court challenge, Consultant 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 HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 19 9.3. Managing Federal and State Funded Projects
As part of the senior engineer services, the Consultant may be assigned to manage certain federal and state funded projects under FHWA, HUD, F EMA, and/or State Bills (SB). The work and/or services to be provided by the Consultant shall comply with all pertinent local, State, and Federal laws and regulations.

The Consultant, therefore, shall be legally able to perform services for Federal or State funded projects.

A contract DBE goal has not established for the purpose of this RFP. However, the Consultant is required to submit the Consultant Proposal DBE Commitment (Exhibit 10-O1) as included in this RFP along with the proposal to meet Caltrans Local Assistance DBE commitment requirements. Prior to starting to work on a Federal or State funded project, the Consultant shall submit to the City for approval the Consultant Contract DBE Commitment (Exhibit 10-O2) with the Contract DBE Goal specifically determined/approved for that project.

The Consultant shall also be required to submit the Disclosure of Lobbying Activities (Exhibit 10-Q) as included in this RFP along with the proposal.

9.4. 9.4 Indemnification

9.4.1 Design Professional Services. To the fullest 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 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 and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees, and all claims which arise from 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, reckless or willful misconduct 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.

9.4.2 For 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 and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations 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.

9.4.3 The protections in this Section shall be in addition to those set forth in Section 9.2 of this Request for Proposals.

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Request For Proposal #2023-020
Title: Professional Consultant Senior Engineer Services 20 10. VENDOR QUESTIONNAIRE

10.1. Please download the documents below, complete and upload.* Please download the below documents, complete, and upload. • [B]_Exhbit_10-O1_Consultant...
• [C]_Exhibit_10-Q_Disclosure...
• Non-Collusion_Declaration.pdf
*Response required

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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Steve Loriso, PE, QSD/QSP
1260 Corona Pointe Court, Suite 305
Corona, CA 92879-5013
Direct 951.475.3619 + Mobile 909.630.2577
[email protected]
SEPTEMBER 18, 2023
Professional Consultant Senior Engineer Services

PROPOSAL FOR
City of Moreno Valley
EXHIBIT "B" A.14.b
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Attachment: Agreement with HR Green Pacific (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING Department of Public Works September 18, 2023
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Re: Professional Services for Senior Engineer Consultant Services #2023-020 Dear Selection Committee Members,
The decision by Moreno Valley to continue “Momentum MoVal” reinforces infrastructure improvements throughout the City. This is evident in the proposed $26,000,000 worth of streets and highways projects over the next two years, which accounts for 50% of the capital projects budget, in addition to the approximately $20,000,000 spent on pavement rehabilitation over the past two years. In order to continue delivering these projects, along with the other $25,000,000 worth of projects, the City requires a responsive, multi-faceted engineering firm that prioritizes communication, quality, integrity, documentation, proficiency, and stewardship to protect your interests and realize your vision .

The City needs assurances that oversight and execution of design and construction projects are carried out by a team that has the City’s best interest in mind.

HR Green Pacific, Inc. (HR Green) differentiates itself by exclusively serving public agencies, leveraging technology, demonstrating a successful track record delivering projects , providing scalable solutions, and offering alternative service delivery options to maximize funding sources and efficiency. HR Green’s experience providing project management/staff augmentation services to clients throughout Southern California will assist in the integration into Moreno Valley’s culture and processes to successfully deliver any of the capital projects .

As you will see in our proposal, our proposed Senior Engineer, Mike Aguilar, PE, has managed capital projects through different stages and has been recognized for his community driven project management approach as well as for his project delivery. As requested on the RFP, Mike will be available 20-40 hours per week, as needed to provide project management services. We recognize the complexity of some of the City’s projects and the time and commitment required to provide quality deliverables, as such, we are proposing additional staff as part of the support team. If agreed to by the City, Jorge Perez and Berlyn Pimentel will support Mike on some daily tasks to the extent generally shown on the resource allocation matrix.

Required Information
HR Green Pacific, Inc. , 1260 Corona Pointe Court, Suite 305, Corona, CA 92879, Phone: 855.900.4742, Fax:
713.965.0044, Email: [email protected], Website: www.HRGreen.com. We are a Corporation and an employee- owned business. Some of the corporate officers include: Richard White, President; Michelle Byard, Chief Financial Officer/Treasurer; and George A. Wentz, Vice President. Additional corporate officers can be provided if requested.

All of the above are authorized to make commitments for our company. HR Green was founded in 1913 and is celebrating 110 years of engineering and design experience. We currently have over 700 employees with 60+ staff based at our headquarters in nearby Corona.

We will protect the City’s best interests by providing comprehensive, quality, responsive, technically proficient, and timely services in an on-call environment. You can have confidence that our staff will protect your interests, anticipate your needs, and proactively communicate with you throughout all phases and tasks of the work you assign to us.

The Management Contact will be George A. Wentz, PE who is authorized to sign an agreement for HR Green. The CIP Project Manager will be Steve Loriso, PE who will be responsible for the day-to-day management of the contract.

Sincerely, HR GREEN PACIFIC, INC.

Steve Loriso, PE, QSD/QSP George A. Wentz, PE
CIP Project Manager Vice President
 HRGREEN.COM
1260 Corona Pointe Court | Suite 305
Corona, CA 92879
Main 855.900.4742 + Fax 713.965.0044
HR Green® | Building Communities. Improving Lives.

4.1 Executive Summary
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4.1 Executive Summary ........................................................................................... precedes this page

4.2 Technical Proposal ........................................................................................................................... 1

4.3 Proposed Staff/Team ...................................................................................................................... 12

4.4 Required Statements ..................................................................................................................... 18

4.5 Required Forms ................................................................................................................................ i Appendix - Additions or Exceptions to the City’s Request for Proposal ................................................... iv

4.6 Cost Proposal ................................................................................................ under separate cover A.14.b
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4.2 Technical Proposal
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