Moreno Valley City Council
February 20, 2024

DISCUSSION
As a condition of approval for Tract 31590, located at the northeast corner of Brodiaea Avenue and Landon Road, (see Attachment 1), the project developer was required to construct storm drain improvements. On June 8, 2021, a Cooperative Agreement between the Riverside County Flood Control and Water Conservation District (RCFC&WCD), the City of Moreno Valley, and D.R. Horton Los Angeles Holding Company, Inc. was recorded for Tract 31590. Per the Cooperative Agreement, RCFC&WCD is to maintain the storm drain within a storm drain easement area within Tract Map 31590. The storm drain easement was dedicated to and accepted by the City on the recorded map. Construction of the project has been completed and RCFC&WCD is ready to take over maintenance of the storm drain facility.

The City has received a request from the RCFC&WCD (see Attachment 2) to quitclaim the referenced storm drain easement within Tract 31590 in accordance with the Cooperative Agreement. The quitclaim deed (see Attachment 3) transfers the City’s title interest in the storm drain easement for the Moreno Master Drainage Plan Line H -2, Stage 2 to RCFC&WCD in order to allow the RCFC&WCD to operate and maintain the drainage facility located within said storm drain easement.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as this alternative will allow for proper maintenance of the storm drain facilities by the RCFC&WCD.

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

FISCAL IMPACT
No fiscal impact is anticipated.

NOTIFICATION
Publication of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

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

Associate Engineer II Public Works Director/City Engineer Concurred By: Concurred By:

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

Principal Engineer Engineering Division Manager/Assistant City Engineer

CITY COUNCIL GOALS
I.10
Packet Pg. 229

Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.3: Address deferred maintenance of City infrastructure assets.

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

1. Vicinity Map - PEN20-0075 (TR 31590)

2. RCFC&WCD Quitclaim Request Letter

3. Quitclaim Deed - Moreno MDP Line H-2, Stage 2

APPROVALS

Budget Officer Approval ✓ Approved . 2/12/24 7:53 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/12/24 10:54 AM I.10
Packet Pg. 230

CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT
PEN20-0075 (TR 31590)
Vicinity Map
I.10.a
Packet Pg. 231
Attachment: Vicinity Map - PEN20-0075 (TR 31590) (6496 : PEN20-0075 (TR 31590) – EXECUTE A QUITCLAIM DEED) I.10.b
Packet Pg. 232
Attachment: RCFC&WCD Quitclaim Request Letter (6496 : PEN20-0075 (TR 31590) – EXECUTE A QUITCLAIM DEED) I.10.c
Packet Pg. 233
Attachment: Quitclaim Deed - Moreno MDP Line H-2, Stage 2 (6496 : PEN20-0075 (TR 31590) – EXECUTE A QUITCLAIM DEED) I.10.c
Packet Pg. 234
Attachment: Quitclaim Deed - Moreno MDP Line H-2, Stage 2 (6496 : PEN20-0075 (TR 31590) – EXECUTE A QUITCLAIM DEED) I.10.c
Packet Pg. 235
Attachment: Quitclaim Deed - Moreno MDP Line H-2, Stage 2 (6496 : PEN20-0075 (TR 31590) – EXECUTE A QUITCLAIM DEED)

Report to City Council

ID#6407 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: February 20, 2024

TITLE: ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION

PLANNING GRANT

RECOMMENDED ACTION
Recommendations:

1. Accept and approve the Sustainable Transportation Planning G rant Awards between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the Transportation Demand Management (TDM) Plan in the amount of $120,000 (Fund 2301) with a city local match of $15,547; and

2. Authorize the Public Works Director/City Engineer to execute the Restricted Grant Agreement and any subsequent amendments, subject to the approval of the City Attorney; and

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

SUMMARY

This report recommends accepting the Sustainable Transportation Planning Grant funding and authorizing the Public Works Director/City Engineer to execute the Restricted Grant Agreements with Caltrans. The total project cost is $135,547 and acceptance of grant funding is for $120,000 (88.53%) with a City local match requirement of $15,547 (11.47%).

DISCUSSION

The Sustainable Transportation Planning Grant Program was created to support the California Department of Transportation (Caltrans) Mission: Provide a safe and reliable transportation network that serves all people and respects the environment. The I.11
Packet Pg. 236

California Legislature passed, and Governor Edmund G. Brown Jr. signed into law, Senate Bill 1 (SB 1, Beall, Chapter 5, Statutes of 2017) – The Road Repair and Accountability Act of 2017, a transportation funding bill that provides a reliable fund source to maintain and integrate the State’s multi -modal transportation system. In addition to the $9.5 million in traditional State and federal grants, approximately $25 million in SB 1 funds for Sustainable Communities Grants is available for each grant cycle.

On August 31, 2023, Caltrans announced the Sustainable Transportation Planning Grant Program awards for Fiscal Year (FY) 2023 -24. The City of Moreno Valley was awarded $120,000 to develop the Transportation Demand Management (TDM) Plan.

The overall objectives of TDM strategies include but are not limited to the following:
reduction of traffic congestion, conservation of energy and the reduction of emissions, the improvement of community health and fitness levels, achievement of equity, reduction of parking problems, the enhancement of community safety, aiding commuters in rural areas, and making alternative transportation methods more affordable. Overall, the purpose of TDM is to reduce the number of vehicles on the road, improve the environment, and aid to municipal planning and urban design.

ALTERNATIVES

1. Approve and authorize the recommendations as presented in this report . This alternative will allow the projects to move forward in a timely manner and enable the city to receive reimbursement from Caltrans.

2. Do not approve the recommended actions as presented in this staff report. This alternative will prohibit the City from receiving the Sustainable Transportation Planning Grants funds from Caltrans.

FISCAL IMPACT

This project is funded by the Caltrans Sustainable Transportation Planning Grant. The total project cost will be $135,547 wherein grant funding will be $120,000 and City match will be $15,547. The total grant amount of $135,547 will be allocated to Fund 2301 (Capital Projects Grants). Additionally, the city’s 11.47 percent local match obligation, $15,547, will be funded with Fund 1010 (General Fund).

Category Fund GL Account No. Type Original
Budget
Proposed
Adjustments
Revised
Budget
CIP
Capital
Projects
Grants (2301)
2301-99-99-2301-486010
Project No. 810 0025-2301-98 Rev $0 $120,000 $120,000
CIP
Capital
Projects
Grants (2301)
2301-70-76-80010-720199
Project No. 810 0025-2301-99 Exp $0 $120,000 $120,000
Operating
Budget
General Fund
(1010) 1010-70-76-45110-620299 Exp $496,740 ($15,547) $481,193 I.11
Packet Pg. 237

CIP General Fund
(1010)
1010-70-76-80010-720199
Project No. 810 0025-1010-99 Exp $0 $15,547 $15,547

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

Concurred By:

Harold Zamora, P.E.

Engineering Division Manager/Assistant City Engineer

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. D8_SC_MorenoValley_CMVTDMP_Award_Letter

2. Board Resolution_TDM (01.19.24) 1-22-2024

APPROVALS

Budget Officer Approval ✓ Approved . 2/12/24 8:21 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/12/24 10:49 AM I.11
Packet Pg. 238
“Provide
a safe and reliable transportation network that serves all people and respects the environment”

DIVISION OF TRANSPORTATION P LANNING
P.O. BOX 942873 , MS–32 SACRAMENTO, C A 94273–0001
(916) 261-3326 | TTY 711
www.dot.ca.gov
August 31, 2023te

SENT VIA E-MAIL
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.

Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon L ocal Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost m ust be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractu al/agreed upon local match % - any deviation to this amount requires an approved Tapered Local Match A mendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 2023-24
Sustainable Communities Competitive (Technical)
RMRA
City of Moreno Valley Transportation Demand Management Plan City of Moreno Valley
Melissa Walker, P.E.

Wei Sun, T.E., POTE
Ricky Rivers
[email protected]
$120,000
$15,547
NA
$15,547

11.47%
$135,547
9/28/23
4/30/26
6/29/26
I.11.a
Packet Pg. 239
Attachment: D8_SC_MorenoValley_CMVTDMP_Award_Letter (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING Caltrans Sustainable Transportation Planning Grant Program Grant Award

“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps

1. The Caltrans District Grant Manager will schedule a Conditional Award Meeting with your agency soon.
 The attached specific and general conditions and project revisions necessary to accept grant funding will be discussed at this meeting.

2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
 Failure to satisfy these conditions will result in the forfeiture of grant funds.

3. The Caltrans District Grant Manager will review and approve all items required to fulfill the attached specific and general conditions.

4. Once the required conditions are m et and the agreement is executed, the Caltrans District Grant Manager will:
 Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency.  Coordinate and schedule a grant kick-off meeting with your agency.

If y
ou have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.

Sinc
erely,
ERI

N THOMPSON
Chief, Office of Regional and Community Planning
Attachments:

Specific and General Conditions
I.11.a
Packet Pg. 240
Attachment: D8_SC_MorenoValley_CMVTDMP_Award_Letter (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING

Sustainable Transportation Planning Grant Program
Grant Award Specific and General Conditions

Specific Conditions
If Specific Conditions have been identified for this grant, they will be listed below.

Please make all necessary revisions to the Grant Application Cover Sheet, Scope of Work (SOW), and/or the Cost and Schedule, and complete the right column to indicate where the specific conditions were addressed.

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

1. Scope of Work: Add more information on stakeholder engagement, consistent with the Application Narrative, which provides good detail on how it would be done.2.

Identify the authorized signer(s) and email address(s) for the grant agreement that will be routed via Adobe Acrobat Sign.

I.11.a
Packet Pg. 241
Attachment: D8_SC_MorenoValley_CMVTDMP_Award_Letter (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

I.11.a
Packet Pg. 242
Attachment: D8_SC_MorenoValley_CMVTDMP_Award_Letter (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING

General Conditions
Please review the General Conditions below and complete them, as necessary. Most of these items are outlined in the Grant Application Guide, Ch. 6 and Appendix B. • Board Resolution – A current (less than one year old) Local Board Resolution, signed by the governing board that includes the grant project title and job title of the person authorized to enter into a contract with Caltrans, is required to be submitted to Caltrans by October 15, 2023.
• Payee Data Record (STD. 204) states government entities are not required to submit the form; however, it is required by Caltrans Accounting to ensure payments are sent to the correct recipient and address.
• Scope of Work (SOW) and Project Cost and Schedule (Refer to Grant Application Guide, Appendix B Checklists) These are frequently missed requirements:
o Project Management stand-alone tasks, staff and/or consultant coordination are not allowed. Project Management activities must be charged to the tasks in which they accrued.
o Include tasks for a kick-off meeting with Caltrans, invoicing, quarterly reporting, and Board adoption or acceptance.
o Ensure the deliverable for the consultant procurement task includes: Request for Proposal (RFP), executed consultant contract, and a copy of your agency’s procurement procedures.
o The earliest project start date is January 2, 2024
, with an end date of April 30, 2026. The
Project Cost and Schedule will need be updated to reflect your proposed start date.

At least one Task must extend to the grant expiration date on April 30, 2026. o Indirect Costs - For Local Government Agencies requesting to bill for indirect costs:

Indirect costs must be identified in the SOW and Project Cost and Schedule, and the indirect cost rate included at the bottom of the Project Cost and Schedule. • Grant Application Cover Sheet and Project Cost and Schedule o Ensure the grant award, local match, and total project costs are consistent with the award letter amounts.
• Grant Application Cover Sheet - Must identify the specific source of cash and in-kind local match funds; and must identify the agency providing the local match. o If your agency is using staff time as a cash match, the application cover sheet must identify the source of local match funds for staff time (e.g., General Fund). o Direct grantee staff time is not an allowable in-kind match and must be identified as cash match.
• Third Party In-Kind Valuation Plan, if applicable - Third-party in-kind contributions consist of goods and services donated from outside the grantee’s agency (e.g., printing, facilities, interpreters, equipment, advertising, staff time, and other goods or services). If utilizing third- party in-kind contributions to satisfy the local match requirement:
o Ensure in-kind contribution information is identified on the Grant Application Cover Sheet and Project Cost and Schedule.

I.11.a
Packet Pg. 243
Attachment: D8_SC_MorenoValley_CMVTDMP_Award_Letter (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING

o To clarify, sub-recipient staff time, if reimbursed, is considered cash match. If donating their time, it is considered in-kind.
o Submit a Third-Party In-kind Valuation Plan. The District can provide a copy of the valuation plan checklist and template.
• Ensure Consistency - All changes made to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule are made consistently in all documents.

Grant Administrative Requirements
Refer to the Grant Application Guide, Ch. 6, and the Restricted Grant Agreement boilerplate for a detailed overview of the Grant Administrative Requirements that must be adhered to over the life of the project. In summary:
• Third Party Contracts - Competitive consultant procurement, i.e., Request for Proposals (RFP) is required for all grant projects
o If there is a consultant on-board, ensure the process to procure the consultant was a competitive process (documentation must be provided to Caltrans); the grant work must have been part of the original RFP
o If using an on-call consultant list, the process for establishing the list must be competitive and less than five years old (documentation must be provided to Caltrans) o If the consultant helped to prepare the Project Scope of Work or grant application, they shall not be considered in the consultant procurement • Quarterly Reporting – Quarterly Progress Reports (a narrative of completed project activities) are submitted on a quarterly basis
• Invoicing and Financial Requirements –
o Maintain a proper accounting system (MS Excel is unacceptable) o Request for Reimbursements/invoices (RFRs) at least quarterly, but no more than monthly
 One-time, lump sum invoices are not allowed
 If requesting reimbursement of indirect costs, a copy of the ICAP/ICRP acceptance letter must be submitted with the first invoice
 Local match commitments must be satisfied with every RFR/invoice, including any local match amount above the minimum amount. If you are unable to meet this commitment, coordinate with your district Contract Manager.  All work must be completed by April 30, 2026.
 Final RFR/invoice and the final product are due no later than June 29, 2026.  T
he final RFR/invoice will not be processed without the final product o An Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) must be submitted each year to the Inspector General Independent Office of Audits and Investigations for approval. Instructions for submitting an ICAP/ICRP are available at the following webpage: https://ig.dot.ca.gov/resources
• Grant Amendments - Proposed changes to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule (e.g., local match amount, fund source, movement of funds) will require an Amendment and Caltrans approval. Please contact Caltrans for guidance on this process.

I.11.a
Packet Pg. 244
Attachment: D8_SC_MorenoValley_CMVTDMP_Award_Letter (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING RESOLUTION NO. 2023-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE

CITY OF MORENO VALLEY TRANSPORTATION DEMAND

MANAGEMENT PLAN

WHEREAS, the City Council of the City of Moreno Valley is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and

WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program; and

WHEREAS, the City Council of the City of Moreno Valley wishes to delegate authorization to execute these agreements and any amendments thereto as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. RECTIALS

The Recitals set forth above are true and correct and incorporated herein by this reference.

Section 2. CITY MANAGER AUTHORITY

That the City Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the City of Moreno Valley all agreements with California Department of Transportation.

Section 3. SEVERABILITY

That if any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Moreno Valley hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fac t that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

I.11.b
Packet Pg. 245
Attachment: Board Resolution_TDM (01.19.24) 1-22-2024 (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT)

Section 4. REPEAL OF CONFLICTING PROVISIONS

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

Section 5. EFFECTIVE DATE

That this Resolution shall take effect immediately upon its adoption.

Section 6. CERTIFICATION

That the City Clerk shall certify to the passage of this Resolution and entire it into the book of original resolutions.

APPROVED AND ADOPTED THIS XXth day of MONTH, 2024.

__________________________
Ulises Cabrera
Mayor
City of Moreno Valley

ATTEST:

________________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:

________________________________
Steven B. Quintanilla, City Attorney

I.11.b
Packet Pg. 246
Attachment: Board Resolution_TDM (01.19.24) 1-22-2024 (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT)

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 17th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________

JANE HALSTEAD, CITY CLERK

(SEAL)

I.11.b
Packet Pg. 247
Attachment: Board Resolution_TDM (01.19.24) 1-22-2024 (6407 : ACCEPT CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT)

Report to City Council

ID#6363 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: February 20, 2024

TITLE: AUTHORIZATION TO AWARD A PROFESSIONAL

CONSULTANT SERVICES AGREEMENT TO WILLDAN

ENGINEERING FOR THE MORENO VALLEY ROADWAY

SAFETY IMPROVEMENTS IN THREE AREAS (PROJECT
NO 810 0022)

RECOMMENDED ACTION
Recommendations:

1. Award an Agreement for Professional Consultant Services to Willdan Engineering to provide traffic engineering services for the Moreno Valley Roadway Safety Improvements in Three Areas Project; and

2. Authorize the City Manager to execute an Agreement for Professional Consultant Services with Willdan Engineering in the amount of $481,700, subject to the approval of the City Attorney; and

3. Authorize the issuance of a Purchase Order for Willdan Engineering in the amount of $481,700 when the Agreement has been signed by all parties using SS4A Grant funding and the State Gas Tax Fund (Funds 2301 and 2000); and

4. Authorize the City Manager to execute any subsequent Amendments to the Agreement with Willdan Engineering, subject to the approval of the City Attorney.

SUMMARY
This report recommends awarding an agreement for professional consultant services to Willdan Engineering to provide traffic engineering services for the Moreno Valley Roadway Safety Improvements in Three Areas Project, in the amount of $481,700.

DISCUSSION
I.12
Packet Pg. 248

The City of Moreno Valley was awarded the Safe Streets and Roads for All Grant from the Federal Highway Administration (FHWA) in the amount of $435,600, 80 percent of the total project cost, $544,500. The City’s 20 percent local match requirement, $108,900, was funded by State Gas Tax (Fund 2000).

The City of Moreno Valley grant funds will be used to delve deeper into specific safety measures to amend the current local Roadway Safety Plan (LRSP)/Traffic Safety Action Plan. The original effort did not focus on unique elements within the City. This additional analysis will focus on special safety concerns. The first additional module desired for the LRSP/Traffic Safety Action Plan is a traffic calming analysis focusing on roundabouts and split traffic humps. Roundabouts were not included in the original Local Road Safety Plan. The City will evaluate roundabouts for use as a safety traffic calming device. Additionally, the LRSP did not look at split speed humps. The City currently uses speed humps to reduce speeding in various residential areas. Our Police Department has requested we look into a split hump design to make the humps safer for police cars and motorcycle officers. The LRSP will be updated to factor in the use of roundabouts and split speed humps safely within the City. The second element of this grant is a traffic safety analysis of the truck traffic impacts and potential remediation solutions. The City has a high volume of trucks and is expecting an increase in truck traffic due to additional development. There might be a need to adjust truck routes as well as add special truck-oriented safety elements throughout the City. The last element is a focused look at the burro situation in the northern portion of the City. In the City of Moreno Valley, north of the State Route 60, there is a substantial burro population.

Burros cross and walk on major arterial streets on a regular basis which has caused accidents. This project will explore the means to prevent burro accidents by installing effective traffic control measures.

A Request for Proposals (RFP) for Professional Consultant Services was distributed and advertised in accordance with the City’s procurement processes on October 25, 2023. The City received three (3) proposals in response to the RFP. Following a competitive selection process, Willdan Engineering was selected as the most qualified consultant for the project. The selection process was pursuant to the City’s Municipal Code requirements for professional services procurement. Staff recommends the award of the contract to Willdan Engineering to perform Professional Consultant Services for Moreno Valley Roadway Safety Improvements in Three Areas.

ALTERNATIVES

1. Approve and authorize the recommendations as presented in this report. This alternative will allow the Moreno Valley Roadway Safety Improvements in Three Areas Project to move forward in a timely manner.

2. Do not approve the recommended actions as presented in this staff report. This alternative will prevent the project from moving forward causing a delay in road safety improvements.

FISCAL IMPACT
I.12
Packet Pg. 249

The project is funded by the SS4A Grant (Fund 2301) and State Gas Tax (Fund 2000), as the local match . There is no impact to the General Fund.

AVAILABLE BUDGET
Capital Projects Grants
(Account 2301-70-76-80010-720199) (Project No. 810 0022-2301-99) ............. $435,600 State Gas Tax
(Account 2000-70-76-80010-720199) (Project No. 810 0022-2000-99) ............. $108,900 Total ................................................................................................................... $544,500

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

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.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Consultant Agreement for Project Specific Services 810 0022 v2 (002)

APPROVALS

Budget Officer Approval ✓ Approved . 2/12/24 7:44 AM I.12
Packet Pg. 250

City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/12/24 10:49 AM I.12
Packet Pg. 251

1 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR

MORENO VALLEY ROADWAY SAFETY IMPROVEMENTS

IN THREE AREAS (ACTION PLAN)
PROJECT NO. 810 0022

This Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2024 (“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 Willdan Engineering, a California General Stock C orporation, hereinafter referred to as “Consultant.”

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

I.12.a
Packet Pg. 252
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

2 DESCRIPTION OF PROJECT

1. The Project is described as Moreno Valley Roadway Safety Improvements in Three Areas (Action Plan). Project No. 810 0022.

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 $4 81,700.00 in accordance with the payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.

TIME FOR PERFORMANCE

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

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

7. This Agreement shall be effective from effective date and shall continue in full force and effect date through June 30, 2025, 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 Project I.12.a
Packet Pg. 253
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

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

SPECIAL PROVISIONS

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

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

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

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

13. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing I.12.a
Packet Pg. 254
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

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 ori entation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancest ry, 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 I.12.a
Packet Pg. 255
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

5 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 the requirements of this Section 13.

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

If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each 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.

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 l aw, 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 I.12.a
Packet Pg. 256
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

6 form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

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.

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 comm unications 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.

I.12.a
Packet Pg. 257
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

7 15. 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 received by C ity that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant , including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant . Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant , vendors, suppliers, invitees, consultants, sub- consultants, subconsultants or anyone employed directly or indirectly by any of them.

I.12.a
Packet Pg. 258
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

8 (d) Upon request of C ity, Consultant shall immediately furnish C ity with a complete copy of any insurance policy required under this Agreement, including all 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.

16. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and 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.

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

18. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, fully completed and detailed project-related documents which shall become the property of the City. The Consultant may 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.

I.12.a
Packet Pg. 259
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

9 (c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized use of computations, maps, and other documents prepared or provided by the Consultant under this Agreement, if used by the City on other work without the permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.

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

I.12.a
Packet Pg. 260
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

10 (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 nonper formance 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, strik es, unusually severe weather, and delays of common carriers. C onsultant shall notify City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.

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

21. A City representative shall be designated by the City and a Consultant representative shall be designated by the Consultant. The City representative and the Consultant representative shall be the primary contact person for each party 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 I.12.a
Packet Pg. 261
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

11 Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.

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

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

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

25. (a) Consultant shall comply, and require its 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 I.12.a
Packet Pg. 262
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

12 provide a written opinion of its legal counsel and that of any subconsultant that, after a due diligent inquiry, Consultant and the respective subconsultant (s) are in full complianc e 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 o f any C ity council, commission, board, committee, 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 t o 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 Project, shall bid f or, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. Consultant and any of its subconsultants shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 25(a), above.
(e) If Consultant should subcontract all or any portion of the work to be I.12.a
Packet Pg. 263
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

13 performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subconsultant s to comply therewith.
(f) This Section 25 shall survive expiration or termination of this Agreement.

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

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

28. Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” _____
Initials
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it I.12.a
Packet Pg. 264
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 810 0022

14 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
I.12.a
Packet Pg. 265
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

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

City of Moreno Valley Willdan Engineering

BY: BY:

Mike Lee, City Manager
Name:

Date TITLE:
(President or Vice President)

D ate

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
Exhibit “F” – Schedule
Exhibit “G” – Project Fee

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date
I.12.a
Packet Pg. 266
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

EXHIBIT “A”

CITY SCOPE OF SERVICES

I.12.a
Packet Pg. 267
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
1 1. Technical Proposal
Project Understanding
The City of Moreno Valley is requesting engineering services from a qualified consulting firm to enhance the current Local Roadway Safety Plan (LRSP)/Traffic Safety Action Plan. There are three areas of concern to be addressed in the LRSP addendum. The first item is to provide a policy on the implementation of roundabouts and speed humps as traffic calming devices. The specific type of speed humps under consideration are known as speed cush ions. Speed cushions are broken up to provide greater access for emergency response. The second task is to assess truck traffic throughout the City and recommend measures for the safe travel of goods movement. This will include a quantitative and qualitative assessment of current truck routes and the development of a truck travel map . The third task is an analysis of, and recommended safety measures for, the impacts of burro crossings of arterials and vehicle versus burro collisions in the mostly norther part of the city.

Project Approach
Willdan’s overall approach to developing the Safety Improvements in Three Areas addendum to the LRSP involves first evaluating a policy to implement roundabouts and speed cushions (humps) for traffic calming in residential areas. Second, obtaining truck traffic volumes, reviewing the City’s truck crash history on an aggregate basis to identify high-risk roadway characteristics rather than looking at high -collision concentration locations through site analysis, and evaluating the cu rrent truck routes. Third, reviewing the crash history of cars versus burros in the northern part of the city to identify the best areas to recommend measures to decrease incidents. These three areas are addressed specifically below.

Traffic
Calming
(Roundabouts
& Speed
Cushions)
This evaluation will identify policies for the installation of traffic calming measures in residential areas that consist of roundabouts and speed cushions. The resulting addendum to the LRSP document will provide the City recommendations on best practices when providing these traffic calming measures to prospective residential areas . Working with the City, our policy development will include recommendations on the parameters to consider installing these traffic calming measures based on the best engineerin g practices to date. The Caltrans Local Roadway Safety Manual and the Federal Highway Administration’s Traffic Calming ePrimer, among other source materials, will be used to select potential low -cost and high -benefit systemic countermeasures to address safety issues for all modes of travel.

A policy for the implementation of traffic calming measures should include the methodology under which the City would study and approve of the installation of a roundabout or speed cushion.

Truck Traffic
and Safety
The assessment of truck traffic safety will require accumulating truck traffic data for the city and the preparation of a truck traffic map. This data will include truck volume counts and truck accident data for both existing and potential truck routes in the City . Applying mitigating safety and efficiency measures to truck traffic, our aim would be developing improvements with high Benefit Cost Ratios (BCR) with low cost and systemic improvements. These ratios are developed by identifying potential countermeasures t o address serious collisions (not property damage only) in the most recent five -year period. As well as addressing truck volumes and distribution patterns throughout the City. After developing this analysis based on the collision history and existing conditions, we would present this project to the City and stakeholders to determine if this project meets the City’s vision and goals
I.12.a
Packet Pg. 268
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
2 Burro Crossing
Traffic Control
Working with the City and obtaining applicable current traffic accident data of vehicles versus burros in the northern part of the City, our aim, as with the truck traffic above, would be developing improvements with high Benefit Cost Ratios (BCR) with low cost and systemic improvements. These ratios are developed by identifying potential countermeasures to address vehicle versus animal collisions in the most recent five -year period. Additionally, consultation with the Bureau of Land Management Wild Horse and Burro Program will be utilized for information and mitigation measures concerning the wild burros . After developing this project based on the collision history and existing conditions, we would present to the City and stakeholder’s strategies to deal with burro collisions and determine if this project meets the City’s vision and goals.

Work Plan
Willdan will furnish all services detailed below as required and necessary to develop the City’s Local Road Safety Improvements in Three Areas Plan in accordance with specified guidelines.

Task 1 - Project Management
Willdan will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, progress reports, project communication and agency follow -up, project scheduling and tracking, invoicing, and overall administration of the project. Willdan's project management approach to manage and control the project is expected to include, but not be limited to:
▪ A project kick-off meeting will be scheduled within the first 2 weeks after the award of the contract. Major aspects of the project will be discussed including plan goals, City expectations, the role of the consultant and stakeholders, communication protoc ol, progress reporting, scheduling, and invoicing, key milestones, and what defines success for this project. The project development team (PDT) consisting of City staff and Willdan team members will be identified to maintain consistent communication throu ghout the project. ▪ In addition to the kick-off meeting, Willdan will meet or conference call with the PDT at project milestones to discuss the project progress, upcoming tasks, completed tasks and issues requiring PDT assistance in problem-solving issues such as schedule or budget concerns. As part of this proposal, Willdan is including a total of seven (7) meetings.
▪ Willdan will coordinate with City staff to determine if public meetings are needed . If found necessary, we will attend public meetings where trends, proposed countermeasures will be discussed and will give stakeholders the opportunity to share concerns with the project team of locations with safety concerns and their input on proposed countermeasures.
▪ Willdan will prepare and distribute meeting agendas and minutes for all project meetings. ▪ Develop and monitor a critical path method project schedule using Microsoft projects software . The schedule will identify each task, start, and end dates, and duration. The schedule will be updated monthly and submitted with the progress report.
▪ Ensure that the Safety Improvements in Three Areas addendum to the Local Roadway Safety Plan including all recommended safety measures meet all applicable Federal, State, and Local requirements, in anticipation of future grant funding opportunities.

I.12.a
Packet Pg. 269
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
3 Task 2 – Traffic Calming Roundabout Policy
Task 2.1 – Research
Willdan will obtain and review available information and documents from the City and stakeholders including but not limited to the General Plan, Circulation Element, City Standard Plans, Capital Improvement Plan, and any ongoing Active Transportation initi atives. The above -mentioned documents will be reviewed to determine their impact on the development of these enhancements to the existing City’s Local Roadway Safety Plan.

Willdan will also review traffic safety concerns forwarded by stakeholders including, but not limited to, Riverside County Sheriff’s Department, Moreno Valley Unified School District, and homeowner associations.

Task 2.2 – Collision Analysis
Willdan will obtain and organize the most recent 5 -year crash data from the City’s accident record database, UC Berkeley’s Transportation Injury Mapping System (TIMS), California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), and data from the City of Moreno Valley Police Department.

The collision data collected will be analyzed to document the crash types, driver factors, and environmental conditions. Willdan will pay special attention towards pedestrian and bicycle collisions around the City and specifically at mid-block crosswalks.

Task 2.3 – Traffic Calming Policy Recommendation Analysis The development of a policy on roundabouts and speed cushions will not require data collection but will be based on a collection of best practices in the field of traffic calming from a variety of sources. A survey of residential areas of the City will be conducted to help guide the policies on the installation of traffic calming measures. The resulting addendum to the LRSP document will provide the City recommendations on best practices when providing these traffic calming measures to prospective residential areas. ▪ Working with the City, our policy development will include recommendations on the parameters to consider installing these traffic calming measures based on the best engineering practices to date. ▪ Willdan will utilize the Caltrans Local Roadway Safety Manual and the Federal Highway Administration’s Traffic Calming ePrimer, among other source materials, in forming guiding policies. ▪ Residential areas will be surveyed to determine common characteristics that may be applied in developing a policy.
▪ Willdan will work with City staff on identifying traffic calming concerns of stakeholders.

Task 2.4 – Traffic Calming Plan Report
All the subtasks in this task will be documented to form the basis of the Roadway Safety Improvements addendum to the Local Roadway Safety Plan document titled “Volume I - Traffic Calming Plan” . The Plan will include an introduction, background, discussion of the residential traffic calming plan and recommendations, comprehensive crash analysis, process and safety partners, emphasis areas, roundabout and traffic cushion policy, evaluation, and implementation plan, recommended safety measures (along with prioritized project lists, potential funding sources, evaluation criteria and future updates including attachments and supporting documentation).

Willdan will prepare the addendum safety improvement plan in accordance with all Caltrans and Federal Highway Administration requirements. Electronic files of the Draft Safety Improvement in Three Areas addendum to the Local Roadway Safety Plan will be submitted to City Staff for review. Willdan will assist the City in circulating the Draft to identified stakeholders. A comment matrix will be made to ensure all comments are incorporated into the Final Plan.

The Traffic Calming Safety Plan will be presented to the City Council and the Public Safety Committee. As mentioned in Task 1, Willdan will attend a kick -off meeting in addition to progress meetings and public meetings (as needed) while preparing the Traffic Calming Safety Plan Amendment to the City’s Local Roadway Safety Plan.

I.12.a
Packet Pg. 270
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
4 Task 3 – Truck Traffic Safety Analysis
Task 3.1 – Research
Willdan will obtain and review available information and documents from the City and stakeholders including but not limited to the General Plan, Circulation Element, City Standard Plans, Capital Improvement Plan, and any ongoing Active Transportation initi atives. The above -mentioned documents will be reviewed to determine their impact on the development of these enhancements to the existing City’s Local Roadway Safety Plan.

Willdan will also review the current roadway truck route map, locations of heavy vehicle destinations , truck safety issues and traffic safety concerns forwarded by stakeholders including, but not limited to, Riverside County Sheriff’s Department, Moreno Valley Unified School District, and homeowner associations.

Task 3.2 – Data Collection
Traffic Classification Counts: Willdan will utilize our subconsultant, Counts Unlimited, to collect 24-hour classification ADT counts for up to one hundred fifty (150) roadway segments. These counts will be used to help identify any new or adjusted truck routes throughout the City.

Truck Crash Data: Willdan will obtain and organize the most recent 5-year crash data involving trucks from the City’s collision record database, UC Berkeley’s Transportation Injury Mapping System (TIMS), California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), and data from the Riverside County Sheriff’s Department.

Willdan will work in close coordination with City staff to obtain roadway data including such elements as truck traffic patterns, roadway features, and truck/traffic volumes. The collision data collected will be analyzed to document the crash types, driver factors, and environmental conditions. Willdan will pay special attention towards pedestrian and bicycle collisions around the City and specifically at mid-block crosswalks.

Willdan will coordinate with the City to identify crashes already being mitigated with other planned work. We will obtain and review recent engineering studies that have been completed relating to roadway safety improvements, including traffic signal warrants, feasibility studies, and project study reports.

Willdan will provide a summary of current efforts to address roadway safety, including identifying programs that have evidence of measurable success.

Task 3.3 – Analysis
Truck Crash Data will be analyzed to determine if there are areas and certain routes in the City that should be given the highest priority. Willdan will perform a comprehensive collision analysis of the City’s roadway network to identify intersections and roadway segments that have high concentrations of truck collisions. The analysis will utilize the 5- year collision data obtained by Willdan. The analysis will include considerations of crash factors, systemic safety analysis, priority safety strategies, infrastructure saf ety projects, and behavioral safety strategies. The collision analysis for trucks will include, but not be limited to:
▪ Document truck traffic patterns, roadway features, traffic volumes, crash type, driver factors, and environmental conditions.
▪ Identify high -collision corridors and intersections to pinpoint causes of collisions, including highest occurring crash types, crash factors and injury severity. ▪ Evaluate results of crash data and roadway analysis to identify collision patterns and common collision types within City.
▪ Compile a list of top high-risk corridors and a minimum of top intersections with high collision rates. ▪ Conduct a detailed analysis of the top priority locations identified in the analysis and discussions with the PDT. These locations will include a deeper analysis of the existing conditions, documenting the traffic patterns, roadway features, traffic volume s, crash type, driver factors, and environmental conditions with special attention directed to mid-block crosswalks.

I.12.a
Packet Pg. 271
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
5 Roadway characteristics will be evaluated to determine if they contributed to potential causes of the crash patterns identified during the collision analysis task. Based upon the collision analysis and roadway data, a list of potential safety countermeasures that best fit the road, traffic, and safety conditions at specific locations will be developed rather than offering a generic list of possible improvements. The City’s intersections, crosswalks, and traffic control devices will be individually evaluated to document traffic patterns, roadway features, traffic volumes, crash history, and environmental conditions that may pose a risk to future collisions.

Task 3.4 - GIS Maps and Tables
Willdan will prepare truck traffic maps and base maps of locations of safety concerns for trucks crashes. The maps will show locations with high truck use and will help identify recommendations on new truck routes. Heat maps will be included to help visually identify the most impacted locations , showing where the most trucks are travelling throughout the City, regardless of designated truck routes. Heat maps of crash rates will also be created to compare truck-related crashes (per million vehicle miles trav elled) throughout the City. All maps will be developed utilizing GIS and CAD software. Willdan can prepare any additional truck related maps requested by the City based on data collected by Willdan.

Task 3.5 – Sunnymead Boulevard Truck Safety Analysis
Willdan will analyze the raised median curbs along Sunnymead Boulevard from Frederick Street to Perris Boulevard and provide recommendations for safety improvements. We understand that there have been complaints of vehicles hitting the curbs along the raised medians. Willdan will review the collision history, perform an on -site evaluation, consider the land use, traffic volumes, and traffic operations to provide a discussion for each raised median island segment along Sunnymead Boulevard. Willdan will develop a map identifying the median island locations. Based on the analysis and findings, Willdan will develop recommended improvements. The preliminary design recommendations will be presented on detailed conceptual plan s of the proposed improvement s. It is anticipated the City will provide one round of review comments on the conceptual design plans. An estimate of the budget associated with construction of the improvement(s) will also be included. The Sunnymead Boulevard truck safety analysis, findings, and recommendations will be summarized in its own chapter within the Truck Traffic Safety Analysis Report.

Task 3.6 – Recommendations
Once the priority safety intersections and roadway segments that experience a high truck crash volume are identified, Willdan will use the Caltrans Local Roadway Safety Manual to select potential low -cost and high benefit systemic countermeasures to addres s safety issues for all modes of travel at the top high crash locations. Additional countermeasures that are applicable citywide under the 4E’s (engineering, enforcement, education, and emergency response) will also be considered for implementation. The list of potential safety countermeasures will be presented as a Safety Mitigation Toolbox for City staff feedback.

Utilizing the preliminary safety project scopes, Willdan will identify potential projects to improve roadway and traffic safety, improve operations, and projects that recognize the needs of truck users of the transportation system. Once, identified, Willdan will prepare cost estimates for the proposed project and prepare benefit/cost (B/C) ratio calculations based upon the Local Roadway Safety Manual guidelines and templates provided by the HSIP application website for all recommended countermeasures (along with costs for project development, administration, environmental, right -of-way, and construction costs). A master project list will be developed to prioritize the implementation of up to 10 representative projects that provide benefits, costs, conceptual plans, and B/C ratios to support future HSIP grant applications as well as other grant funding opportunities. In addition to developing infrastructure and engineering projects, safety measures will also be identified for targeted enforcement based on collision data review including locations, types, and contributing factors. Safety education measures will also be considered.

After developing projects based on the collision history and existing conditions, the list of projects will be presented City and stakeholders to determine if the projects meet the City’s vision and goals and allow the City and stakeholders to prioritize these projects.

I.12.a
Packet Pg. 272
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
6 Task 3.7 – Technical Support and Documentation
Utilizing the preliminary safety project scopes, Willdan will research and identify potential funding sources such as the Highway Safety Improvement Program (HSIP) or other safety-related program grants to improve roadway safety involving truck traffic. Once a funding program is identified and a call for projects is released, Willdan will prepare technical documentation including narrative write -ups, cost estimates, maps, and exhibits for the proposed project to submit for funding consideration. For the pur poses of this proposal, Willdan will prepare supporting technical documentation for up to two (2) funding programs. A master project list will be developed to prioritize the implementation of representative projects that provide information to support futu re funding opportunities.

Task 3.8 – Truck Traffic Safety Analysis Report
All of the subtasks under the truck safety analysis will be documented to form the basis of the Roadway Safety Improvements addendum to the Local Roadway Safety Plan document, titled “Volume 2 - Truck Safety”. The Plan will include an introduction, background, discussion of the truck safety analysis and recommendations, comprehensive crash analysis, process and safety partners, evaluation, and implementation plan, recommended safety measures (along with prioritized project lists, potential funding sources, evaluation criteria and future updates including attachments and supporting documentation).

Willdan will prepare the addendum safety improvement plan in accordance with all Caltrans and Federal Highway Administration requirements. Electronic files of the Draft Safety Improvement in Three Areas addendum to the Local Roadway Safety Plan will be submitted to City Staff for review. Willdan will assist the City in circulating the Draft to identified stakeholders. A comment matrix will be made to ensure all comments are incorporated into the Final Plan.

Electronic files of the Final Plan will be submitted to the City’s Public Works Department.

The Truck Safety Plan will be presented to the City Council and the Public Safety Committee. As mentioned in Task 1, Willdan will attend a kick -off meeting in addition to progress meetings and public meetings (as needed) while preparing the Truck Traffic Safety Analysis Amendment to the City’s Local Roadway Safety Plan.

Task 4 – Burro Crossing Safety Analysis
In this Task, Willdan will extensively research, collect background data, interview with experts, and collect any other material regarding the safety concerns of the wild burros in Moreno Valley and their interaction with motor vehicles.

Wild burros can be found in the Box Spring Mountains between Riverside and Moreno Valley and the San Timoteo Badlands. Utilizing the collected research and data, Willdan will develop appropriate countermeasures to improve the safety for burros and the public.

Task 4.1 – Research
Willdan will perform a comprehensive outreach program to better understand all of the dynamics surrounding the interaction of wild burros with vehicles and residents in the Moreno Valley . Among the governmental and community organizations we will consult with are:
▪ Moreno Valley Animal Services and the Moreno Valley’s “Protect Our Burros” program. The City has information on their website about burros and burro adoption. ▪ The California Department of Food and Agriculture. Veterinarians with this agency provide health services to wild burros.
▪ The San Bernardino County Animal Care & Control. The County provides services and information regarding wildlife.
▪ The US Department of the Interior Federal Bureau of Land Management. The Bureau manages and protects wild horses and burros on 26.9 million acres of public lands across 10 Western states as part of its mission to administer public lands for a variety of uses. The Wild Horse and Burro Program’s goal is to manage healthy wild horses and burros on healthy public lands. ▪ DonkeyLand Rescue is a local community-based organization that provides assistance to wild burros in the area and handles burro adoptions. They are very knowledgeable about the area in general and the areas of concern regarding wild burros. They will be a great resource for th is study. For example, Donkeyland Rescue has expressed concerns about the intersection of Pigeon Pass Road and Hidden Springs Drive.

I.12.a
Packet Pg. 273
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
7 We will interview, interact with, and collect any helpful information from these agencies and organizations on the best countermeasures going forward to protect the safety of the public and the wild burros. We will also reach out to any other entities that may not be identified here, including international agencies, which can provide assistance as well.

Task 4.2 – Data Collection
Initially, extensive data will be collected on the existing conditions for the analysis. This will comprise of a comprehensive collision analysis of the general area that the City has identified as the problem area that burro and vehicle collisions take place. The roadway network in the norther part of the City in general will be closely studied to identify intersections and roadway segments that have high concentrations of collisions between vehicles and burros. The analysis will utilize the 5-year collision data obtained by Willdan.

Willdan will utilize our subconsultant, Counts Unlimited, to collect daily traffic volume data for the key street segments. Additionally, up to five (5) locations will be monitored by video camera for up to seven (7) days to observe the interaction of burros with vehicles and the public in general. Willdan will also coordinate with the City to identify efforts to address burro safety that have already been implemented.

Task 4.3 – Analysis
Burro Versus Vehicle crash data will be analyzed to determine if there are areas and certain routes in Northern Moreno Valley that should be given the highest priority. Willdan will perform a comprehensive collision analysis of the City’s roadway network in the norther part of the city to identify intersections and roadway segments that have high concentrations of collisions between vehicles and burros. The analysis will utilize the 5 -year collision data obtained by Willdan. The analysis will include considerations of crash factors, systemic safety analysis, priority safety strategies, infrastructure safety projects, and behavioral safety strategies. The collision analysis for burros versus vehicles will include, but not be limited to:
▪ Document traffic patterns, roadway features, crash type, driver factors, and environmental conditions. ▪ Identify high -collision corridors and intersections to pinpoint causes of collisions, including highest occurring crash types, crash factors and injury severity. ▪ Evaluate potential conflicts between vehicles and burros. ▪ Evaluate the traffic control devices found in high-collision locations. ▪ Compile a list of top high-risk corridors and a minimum of top intersections with high collision rates. ▪ Conduct a detailed analysis of the top priority locations identified in the analysis and discussions with the PDT. These locations will include a deeper analysis of the existing conditions, wild burro activity, traffic patterns, roadway features, traffic volumes, crash type, driver factors, and environmental conditions. ▪ Roadway characteristics will be evaluated to determine if they contributed to potential causes of the crash patterns identified during the collision analysis task.

Task 4.4 GIS Maps and Tables
Willdan will develop GIS maps to illustrate the high priority locations once identified in the data. These maps will show vehicle volumes, wild burro activity, and crash histories of vehicles and burros.

Task 4.5 – Recommendations
Once the priority safety intersections and roadway segments that experience a high burro and vehicle crash volume are identified, Willdan will use all of the collected information from data analysis, outreach to the government and community organizations as well as engineering judgement to select potential systemic countermeasures to address safety issues. Willdan will u tilize the Caltrans Local Roadway Safety Manual and the Bureau of Land Management Wild Horse and Burro Program, among other sources, to sel ect potential low -cost and high benefit systemic countermeasures to address safety issues for high incident locations involving wild burros. Additional countermeasures that are applicable under the 4E’s (engineering, enforcement, education, and emergency response) will also be considered for implementation. The list of potential safety countermeasures will be presented as a Burro Safety Mitigation Toolbox for City staff feedback.

I.12.a
Packet Pg. 274
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
8 Task 4.6 – Technical Support and Documentation
Utilizing the preliminary safety project scopes, Willdan will research and identify potential funding sources such as the HSIP to improve roadway safety involving the interaction of wild burros and vehicle traffic. Once a funding program is identified and a call for projects is released, Willdan will prepare technical documentation including narrative write-ups, cost estimates, maps, and exhibits for the proposed project to submit for funding consideration.

For the purposes of this proposal, Willdan will prepare supporting technical documentation for up to two (2) funding programs. A master project list will be developed to prioritize the implementation of representative projects that provide information to support future funding opportunities.

Task 4. 7 – Report
Willdan will prepare the Burro Crossing Safety Analysis plan document. The Plan will include an introduction, background, discussion of the comprehensive safety analysis, process and safety partners, emphasis areas, evaluation, and implementation plan, re commended safety measures (along with prioritized project lists, potential funding sources, evaluation criteria and future updates including attachments and supporting documentation).

Willdan will prepare the safety improvement plan in accordance with all Caltrans and Federal Highway Administration requirements. Electronic files of the Draft Safety plan will be submitted to City Staff for review.

Willdan will assist the City in circulat ing the Draft to identified stakeholders. A comment matrix will be made to ensure all comments are incorporated into the Final Plan.

The Burro Safety Plan will be presented to the City Council and the Public Safety Committee. As mentioned in Task 1, Willdan will attend a kick -off meeting in addition to progress meetings and public meetings (as needed) while preparing the Burro Crossing Safety Analysis Amendment to the City’s Local Roadway Safety Plan.

Deliverables
Task Deliverables

1. Project Management
▪ Meeting agendas and minutes for all meetings
▪ Project Schedule

2. Traffic Calming Policy
▪ Electronic Submittal of Draft Traffic Calming Policy Addendum ▪ Comment Matrix of Draft Traffic Calming Policy Addendum ▪ Electronic files of the Final Traffic Calming Policy Addendum ▪ City Council and Traffic Safety Committee Presentations

3. Truck Traffic Safety
Analysis
▪ Electronic Submittal of Draft Truck Safety Plan Addendum ▪ Comment Matrix of Draft Truck Safety Plan Addendum
▪ Electronic files of the Final Truck Safety Plan Addendum ▪ Traffic data
▪ Truck Traffic Maps and Tables
▪ Conceptual designs and cost estimates for Sunnymead Boulevard ▪ Technical documents for up to two (2) funding programs ▪ City Council and Traffic Safety Committee Presentations

4. Burro Crossing Safety
Analysis
▪ Electronic Submittal of Draft Burro Crossing Safety Plan Addendum ▪ Comment Matrix of Draft Burro Crossing Safety Plan Addendum ▪ Electronic files of the Final Burro Crossing Safety Plan Addendum ▪ Traffic data
I.12.a
Packet Pg. 275
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
9 ▪ Technical documents for up to two (2) funding programs ▪ City Council and Traffic Safety Committee Presentations

I.12.a
Packet Pg. 276
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

EXHIBIT “B”

CONSULTANT PROPOSAL

I.12.a
Packet Pg. 277
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

CITY OF MORENO VALLEY
Proposal
Moreno Valley Roadway Safety
Improvements in Three Areas (810 0022)
RFP No. 2023-030
December 11, 2023
I.12.a
Packet Pg. 278
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL December 11, 2023
Ci
ty of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552
Su
bject: Proposal for 2023-030 Moreno Valley Roadway Improvements in Three Areas (810 0022) T
he Cit of Moreno Valley is searching for a professional consultant for the Transportation Engineering Division to improve the current Local Roadway Safety Plan (LRSP) by enhancing areas that need safety improvements with three key modules ( traffic calming including roundabouts and split traffic humps, protection of wild burros at roadway crossings, and truck safety). Since the inception of the Highway Safety Improvement Program (HSIP), Willdan Engineering (Willdan) has been involved in all types of projects that focus on the main objectives of reducing collisions and improving safety for all roadway users. Our proposed team offers:
 Highly Skilled Project Management. Wes Pringle, PE, will serve as Project Manager. He has over 33 years of experience as a Transportation Engineer for the City of Los Angeles, where he worked with the Bureau of Engineering on implementing the current street standards and the adopted Mobility Plan. He also worked with development projects in establishing Transportation Demand M anagement strategies that improve the pedestrian, transit, and biking experience in the City. Mr. Pringle represented LADOT at City Planning Subdivision Public Hearings and Community Meetings and reviewed access and circulation plans for building permit ap plications, parcel maps, and tract maps. He also developed a traffic modeling report for the western region of the City of Los Angeles, the Western Transportation Studies District. Additionally, he has prepared funding applications for several projects inc luding a pedestrian grade crossing over the Metro Blue Line and the Wilshire Boulevard Streetscape. He also worked with the LA Harbor Department on truc k
tr
affic management and the construction of the Alameda Corridor. Mr. Pringle is a Member of the Institute of Transportation Engineers (ITE), a guest lecturer of Transportation Engineering at the University of Southern California, and an Editor of ITE’s Expert Witness Council Newsletter.

Jeffrey Lau, PE, TE, ENV SP, Willdan’s proposed Principal-in-Charge, possesses over 19 years of traffic design and transportation planning experience. Mr. Lau oversees Willdan’s traffic engineering group and manages design projects for a variety of cities and counties throughout Cal ifornia. He is responsible for analysis, coordination, and design of various projects, including the preparation of plans, specifications, and estimate (PS&E) for traffic design projects such as traffic signals, signing and striping, street lighting, and construction traffic control. Mr. Lau has assisted clients in preparing grant funding applications for the HSIP and Active Transportation Plan (ATP) programs and recommending candidate projects. He is intimately familiar with developing safety projects utilizing countermeasures from Caltrans’ Local Roadway Safety Manual that feature competitive benefit/cost ratios. During the previous two cycles of HSIP Call for Projects, Mr. Lau spearheaded the development of 21 successful HSIP grant applications that were awarded over $17. 4 m
illion in funding.
 LRSP-Experienced Project Team. Willdan is committing four high -performing full-time staff to the City’s LRSP project that have combined over 60 years of experience. Wes Pringle, PE, will serve as Project Manager and will be the City’s primary contact and day-to-day contact administrator. Mr. Jeffery Lau, PE, TE, ENV SP will serve as Principal-In- Charge and Quality Assurance Manager and shall be responsible for ensuring staffing resources are available to keep the project on schedule and will implement Willdan’s quality assurance plan for the project. Nicolle Spann, PE, TE, and Emilio J. Murga, EIT, will serve as Technical support and will assist Mr. Pringle in the preparation of the City’s LRSP.

I.12.a
Packet Pg. 279
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL City of Moreno Valley
December 11, 2023

 Firmwide Local Road Safety Plan Subject Experts . Willdan’s staff understands the countermeasures that improve safety and the importance of a competitive benefit/cost ratio for future projects while addressing specific community needs. Willdan has provided LRSP preparation and review, grant writing, traffic design, installation support, and construction management services in support of safety improvements that are in line with Local Road Safety Plan objectives.
 Highway Safety Improvement Program Expertise. Willdan’s proposed project team possesses vast experience in preparing grant funding applications and have been involved in all facets of applying for HSIP funding since the program’s inception. These HSIP applications require tasks very similar to the scope of work described in the City’s Local Road Safety Plan request for proposals including such tasks as: extensive research to investigate safety concerns, review of facilities and existing conditions and docum ents, gathering feedback from stakeholders, collision analysis, developing safety projects from recognized countermeasures, completing a detailed cost estimate for project implementation, and performing a benefit to cost analysis per program guidelines. Over the past two HSIP funding cycles 9 & 10, Willdan has prepared 28 successful grant applications totaling over $19.3 million that were selected for funding. The proposed project team has also developed LRSP Reports for 8 municipal agencies. The experience gained from preparing winning HSIP grant applications and LRSP Reports makes Willdan uniquely qualified to prepare the Placentia Local Road Safety Plan.

Willdan sincerely appreciates this opportunity to assist the City with the enhancement of their Local Road Safety Plan. I am an officer empowered by Willdan to sign this proposal and thereby commit Willdan to the obligations contained in the RFP response. This proposal is valid for 60 days following the closing date for the receipt of proposals.

Willdan accepts and has no proposed exceptions, alterations or amendments to the Scope of Services or other requirements of the City’s RFP, including the Sample Agreement for Professional Consultant Servies. If there are any questions regarding this proposal, please contact me by phone at (562) 368-4848, extension 6225 or by email at [email protected].

Respectfully submitted,

WILLDAN ENGINEERING

Vanessa Munoz, PE, TE
President and CEO
I.12.a
Packet Pg. 280
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030
 Table of Contents

1. Executive Summary .................................................................................................................................... 1 About Willdan ....................................................................................................................................................... 1 Traffic Engineering and Study Expertise ............................................................................................................... 1

2. Technical Proposal ..................................................................................................................................... 3 Project Understanding .......................................................................................................................................... 3 Project Approach .................................................................................................................................................. 3 Work Plan .............................................................................................................................................................. 4 Deliverables ..................................................................................................................................................... 7 Quality Assurance and Quality Control (QA/QC) .................................................................................................. 7 Experience with the City of Moreno Valley........................................................................................................... 9 LRSP Experience and Other Safety Reports .......................................................................................................... 9 Related Experience ............................................................................................................................................. 10 Resource Allocation Matrix ................................................................................................................................. 15

3. Proposed Staff/Team ................................................................................................................................ 16 Key Personnel ...................................................................................................................................................... 16 Back-up Personnel .............................................................................................................................................. 17 Subconsultant ..................................................................................................................................................... 17 Team Resumes ............................................................................................................................................... 18

4. Required Statements ................................................................................................................................ 19

5. Required Forms......................................................................................................................................... 22 Attachment A – Non-Collusion Affidavit ............................................................................................................. 23 Exhibit 10-Q - Lobbyist Disclosure ....................................................................................................................... 24

6. Cost Proposal ............................................................................................................................................ 25 Appendix – Resumes ......................................................................................................................................... 26

I.12.a
Packet Pg. 281
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

1 City of Moreno Valley
RFP 2023-030

1. Executive Summary
About Willdan
Willdan Engineering (Willdan), a California Corporation, is part of Willdan Group, Inc. (WGI), a NASDAQ publicly traded Delaware Corporation and nationwide firm serving more than 800 public agencies and private sector clients. Founded in 1964 and headquartered in Anaheim, California, Willdan was originally established as a civil engineering firm, specializing in providing solutions for our public agency clients . Today, Willdan has over 1, 500 employees operating out of 50+ offices located throughout the United States.

We have supported implementation of community visions through engineering, construction management, inspection, planning, building safety, and staff augmentation services. Willdan has completed various types of projects for over 9 8 percent of the cities and counties in California.

Willdan's corporate -wide capabilities include a full range of civil and structural engineering, land planning, financial and economic consulting, geology and geotechnical engineering, environmental health and safety, and energy efficiency solutions consulting services. We provide professional services in all phases of Public Agency activities from project development, grant funding application assistance and administration, site analysis, and conceptual development to final design, construction management, observation, and project close-out.

Willdan Staff of Experts
 Construction Inspection and Support
 Assessment Engineering
 Building Safety Services
 Computer-Aided Analysis and Design
 Drainage and Flood Control
 Environmental Planning
 Geographical Information System (GIS)
 Geotechnical/Geological Engineering
 Highway and Freeway Engineering
 Landscape Architecture
 Program and Construction Management
 Public Agency Engineering and Management
 Right of Way Engineering
 Structural Engineering
 Traffic and Transportation
 Urban and Regional Planning
 Water and Wastewater
Traffic Engineering and Study Expertise
Willdan has prepared a variety of traffic safety, parking, neighborhood traffic management, traffic impact, school area, pedestrian/cyclist safety, traffic calming, suggested route to school, signal timing, and traffic circulation studies; engineering and traffic surveys; and project study reports throughout California for client cities, Caltrans, other agencies, and private developers. Willdan’s staff is well experienced in presenting traffic studies at traffic commission, planning commission, City Council, and other Public hearings.

While serving as City Traffic Engineers, our staff have performed reviews of traffic studies as part of their daily routine. Most of these studies are development related and include traffic impact, parking demand, and traffic circulation. Reviews often include providing conditions of approval. Other traffic study reviews include project study reports, traffic management plans, traffic signal warrant analyses, and traffic signal timing and coordination analyses.

Willdan Engineering
 Willdan Engineering
 California Corporation
 Publicly Owned
 59+ Years in Business/Experience
 1500+ Employees / 50+ Offices
Authorized Person
Contact Information
Vanessa Munoz, PE, TE
President and CEO
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
(562) 368-4848
[email protected]
I.12.a
Packet Pg. 282
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

2 City of Moreno Valley
RFP 2023-030

I.12.a
Packet Pg. 283
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

3 City of Moreno Valley
RFP 2023-030

2. Technical Proposal
Project Understanding
The City of Moreno Valley is requesting engineering services from a qualified consulting firm to enhance the current Local Roadway Safety Plan (LRSP)/Traffic Safety Action Plan . There are three areas of concern to be addressed in the LRSP addendum. The first item is to provide a policy on the implementation of roundabouts and speed humps as traffic calming devices. The specific type of speed humps under consideration are known as speed cushions. Speed cushions are brok en up to provide greater access for emergency response. The second task is to assess truck traffic throughout the City and recommend measures for the safe travel of goods movement. This will include a quantitative and qualitative assessment of current truck routes and the development of a truck travel map . The third task is an analysis of, and recommended safety measures for, the impacts of burro crossings of arterials and vehicle versus burro collisions in the mostly norther part of the city.

Project Approach
Willdan’s overall approach to developing the Safety Improvements in Three Areas addendum to the LRSP involves first evaluating a policy to implement roundabouts and speed cushions (humps) for traffic calming in residential areas. Second, obtaining truck traffic volumes, reviewing the City’s truck crash history on an aggregate basis to identify high-risk roadway characteristics rather than looking at high-collision concentration locations through site analysis, and evaluating the current truck routes. Third, reviewing the crash history of cars versus burros in the northern part of the city to identify the best areas to recommend measures to decrease incidents. These three areas are addressed specifically below.

Traffic Calming
(Roundabouts &
Speed Cushions)
This evaluation will identify policies for the installation of traffic calming measures in residential areas that consist of roundabouts and speed cushions. The resulting addendum to the LRSP document will provide the City recommendations on best practices when providing these traffic calming measures to prospective residential areas. Working with the City, our policy development will include recommendations on the parameters to consider installing these traffic calming measures based on the best engineering practices to date. The Caltrans Local Roadway Safety Manual and the Federal Hig hway Administration’s Traffic Calming ePrimer, among other source materials, will be used to select potential low- cost and high- benefit systemic countermeasures to address safety issues for all modes of travel.

A policy for the implementation of traffic calming measures should include the methodology under which the City would study and approve of the installation of a roundabout or speed cushion.

Truck Traffic and
Safety
The assessment of truck traffic safety will require accumulating truck traffic data for the city and the preparation of a truck traffic map. This data will include truck volume counts and truck accident data for both existing and potential truck routes in the City . Applying mitigating safety and efficiency measures to truck traffic, our aim would be developing improvements with high Benefit Cost Ratios (BCR) with low cost and systemic improvements. These ratios are developed by identifying potential countermeasures to address the serious collisions (not property damage only) in the most recent five-year period. As well as addressing truck volumes and distribution patterns throughout the City.

After developing this analysis based on the collision history and existing conditions, we would present this project to the City and stakeholders to determine if this project meets the City’s vision and goals
Burro Crossing
Traffic Control
Working with the City and obtaining applicable current traffic accident data of vehicles versus burros in the northern part of the City, our aim, as with the truck traffic above, would be developing improvements with high Benefit Cost Ratios (BCR) with low cost and systemic improvements. These ratios are developed by identifying potential countermeasures to address the vehicle versus animal collisions in the most recent five -year period. Additionally, consultation with the Bureau of Land Management Wild Horse and Burro Program will be utilized for information and mitigation measures concerning the wild burros. After developing this project based on the collision history and existing conditions, we would present to the City and stakeholders strategies to deal with burro collisions and determine if this project meets the City’s vision and goals.

I.12.a
Packet Pg. 284
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

4 City of Moreno Valley
RFP 2023-030
Work Plan
Willdan will furnish all services detailed below as required and necessary to develop the City’s Local Road Safety Improvements in Three Areas Plan in accordance with specified guidelines.

Task 1 - Project Management
Willdan will conduct all tasks necessary to complete the project, including day -to-day project management, meetings, progress reports, project communication and agency follow -up, project scheduling and tracking, invoicing, and overall administration of the project. Willdan's project management approach to manage and control the project is expected to include, but not be limited to:
 A project kick-off meeting will be scheduled within the first 2 weeks after the award of the contract. Major aspects of the project will be discussed including plan goals, City expectations, the role of the consultant and stakeholders, communication protocol, progress reporting, scheduling, and invoicing, key milestones, and what defines success for this project. The project development team (PDT) consisting of City staff and Willdan team members will be identified to maintain consistent communication throughout the project.  In addition to the kick-off meeting, Willdan will meet or conference call with the PDT at least twice to discuss the project progress, upcoming tasks, completed tasks and issues requiring PDT assistance in problem -solving issues such as schedule or budget concerns.
 Willdan will coordinate with City staff to determine if public meetings are needed . If found necessary, we will attend two public meetings where trends, proposed countermeasures will be discussed and will give stakeholders the opportunity to share concerns with the project team of locations with safety concerns and their input on proposed countermeasures.
 Willdan will prepare and distribute meeting agendas and minutes for all project meetings.  Develop and monitor a critical path method project schedule using Microsoft projects software. The schedule will identify each task, start, and end dates, and duration. The schedule will be updated monthly and submitted with the progress report.
 Ensure that the Safety Improvements in Three Areas addendum to the Local Road Safety Plan including all recommended safety measures meet all applicable Federal, State, and Local requirements, in anticipation of future grant funding opportunities.

Task 1 Deliverables
 Meeting agendas and minutes for all meetings
 Project Schedule
Task 2 – Field Review and Data Collection
Willdan will prepare a truck traffic map and base map of locations of safety concerns for both trucks and burro versus vehicle crashes. This will be the basis of identifying the potential safety projects with members of the 4 E’s.

Willdan will obtain and review available information and documents from the City and stakeholders including but not limited to the General Plan, Circulation Element, City Standard Plans, Capital Improvement Plan, and any ongoing Active Transportation initi atives. The above -mentioned documents will be reviewed to determine their impact on the development of these enhancements to the existing City’s Local Road Safety Plan.

Willdan will also review the current roadway traffic calming policy, truck and burro safety issues and traffic safety concerns forwarded by stakeholders including, but not limited to, Riverside County Sheriff’s Department, Moreno Valley Unified School District, and homeowner associations.

Willdan will utilize Counts Unlimited to collect 24 -hour classification ADT counts on up to fifteen (15) roadway segments.

These counts will be used to identify new or adjust truck routes throughout the City.

Willdan will obtain and organize the most recent 5-year crash data from the City’s accident record database, UC Berkeley’s Transportation Injury Mapping System (TIMS), California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), and data from the City of Moreno Valley Police Department.

I.12.a
Packet Pg. 285
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

5 City of Moreno Valley
RFP 2023-030
Willdan will work in close coordination with City staff to obtain roadway data including such elements as truck traffic patterns, roadway features, and truck/traffic volumes. The collision data collected will be analyzed to document the crash types, driver factors, and environmental conditions. Willdan will pay special attention towards pedestrian and bicycle collisions around the City and specifically at mid-block crosswalks.

Willdan will coordinate with the City to identify crashes already being mitigated with other planned work. We will obtain and review recent engineering studies that have been completed relating to roadway safety improvements, including traffic signal warrants, feasibility studies, and project study reports.

Willdan will provide a summary of current efforts to address roadway safety, including identifying programs that have evidence of measurable success.

Task 2 Deliverables
 Up to 15 Classification ADT Count Sheets
 Base map with truck traffic and locations of safety concerns  Summary of current efforts to address roadway safety (trucks and burros)  Crash trends diagrams (trucks and vehicles vs burros) Task 3 – Traffic Calming Policy
The development of a policy on roundabouts and speed cushions will not require data collection but will be based on a collection of best practices in the field of traffic calming from a variety of sources . A survey of residential areas of the City will be conducted to help guide the policies on the installation of traffic calming measures. The resulting addendum to the LRSP document will provide the City recommendations on best practices when providing these traffic calming measures to prospective residential areas.
 Working with the City, our policy development will include recommendations on the parameters to consider installing these traffic calming measures based on the best engineering practices to date.  Willdan will utilize the Caltrans Local Roadway Safety Manual and the Federal Highway Administration’s Traffic Calming ePrimer, among other source materials, in forming guiding policies.  Residential areas will be surveyed to determine common characteristics that may be applied in developing a policy.  Willdan will work with City staff on identifying traffic calming concerns of stakeholders.

Task 3 Deliverables
 Identify key metrics to be considered for traffic calming measures to be installed.  Develop a policy for requesting and installing roundabout and speed cushion traffic calming.

Task 4 – Safety Analysis
Truck Crash Data and Burro Versus Vehicle crash data will be analyzed to determine if there are areas and certain routes in the City that should be given the highest priority. Willdan will perform a comprehensive collision analysis of the City’s roadway network to identify intersections and roadway segments that have high concentrations of collisions (for both trucks and burros). The analysis will utilize the 5 -year collision data obtained by Willdan. The analysis will include considerations of crash factor s, systemic safety analysis, priority safety strategies, infrastructure safety projects, and behavioral safety strategies. The collision analysis for both trucks and burros versus vehicles will include, but not be limited to:
 Document truck traffic patterns, roadway features, traffic volumes, crash type, driver factors, and environmental conditions.
 Identify high-collision corridors and intersections to pinpoint causes of collisions, including highest occurring crash types, crash factors and injury severity.
 Evaluate results of crash data and roadway analysis to identify collision patterns and common collision types within City.
 Evaluate potential conflicts between vehicles, pedestrians, and bicyclists. Collisions involving pedestrians and bicyclists will be separately observed and analyzed in our analysis.  Evaluate the City’s intersections, crosswalks, and traffic control devices I.12.a
Packet Pg. 286
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

6 City of Moreno Valley
RFP 2023-030
 Compile a list of top high-risk corridors and a minimum of top intersections with high collision rates.  Conduct a detailed analysis of the top priority locations identified in the analysis and discussions with the PDT.

These locations will include a deeper analysis of the existing conditions, documenting the traffic patterns, roadway features, traffic volumes, crash type, driver factors, and environmental conditions with special attention directed to mid-block crosswalks.

Roadway characteristics will be evaluated to determine if they contributed to potential causes of the crash patterns identified during the collision analysis task. Based upon the collision analysis and roadway data, a list of potential safety countermeasures that best fit the road, traffic, and safety conditions at specific locations will be developed rather than offering a generic list of possible improvements. The City’s intersections, crosswalks, and traffic control devices will be individually evaluated to document traffic patterns, roadway features, traffic volumes, crash history, and environmental conditions that may pose a risk to future collisions.

Task 4 Deliverables
 List of the top high-risk corridors and top high-risk intersections.  Detailed analysis summary of top priority locations.

Task 5 – Countermeasures and Potential Improvements Identification Once the priority safety intersections and roadway segments that experience a high truck crash volume are identified, Willdan will use the Caltrans Local Roadway Safety Manual to select potential low -cost and high benefit systemic countermeasures to address safety issues for all modes of travel at the top high crash locations. Additional countermeasures that are applicable citywide under the 4E’s (engineering, enforcement, education, and emergency response) will also be considered for implementation . To identify countermeasures for burro versus vehicle crashes, the Bureau of Land Management Wild Horse and Burro Program will be utilized along with other sources. Willdan will compile and review information from City staff regarding prior projects and attempts to address safety issues at the high -collision locations.

The list of potential safety countermeasures will be presented as a Safety Mitigation Toolbox for City staff feedback.

Utilizing the preliminary safety project scopes, Willdan will identify potential projects to improve roadway and traffic safety, improve operations, and projects that recognize the needs of all users of the transportation system. Once, identified, Willdan will prepare cost estimates for the proposed project and prepare benefit/cost (B/C) ratio calculations based upon the Local Roadway Safety Manual guidelines and templates provided by the HSIP application website for all recommended countermeasures (along with costs for project development, administration, environmental, right-of-way, and construction costs). A master project list will be developed to prioritize the implementation of up to 10 representative projects that provide benefits, costs, conceptual plans, and B/C ratios to support future HSIP grant applications as well as other grant funding opportunities. In addition to developing infrastructure and engineering projects, safety measures will also be identified for targeted enforcement based on collis ion data review including locations, types, and contributing factors.

Safety education measures will also be considered.

After developing projects based on the collision history and existing conditions, the list of projects will be presented City and stakeholders to determine if the projects meet the City’s vision and goals and allow the City and stakeholders to prioritize these projects.

Task 5 Deliverables
 Draft and Final Countermeasure Development memos
 Recommendations on countermeasures to address truck safety and suggested routes.  Recommendations on countermeasures to address burro collisions.

Task 6 – Final Safety Improvement in Three Areas Report All the tasks in this project will be documented to form the basis of the Roadway Safety Improvements in Three Areas addendum to the Local Road Safety Plan document . The Plan will include an introduction, background, discussion of the residential traffic calming plan and recommendations, comprehensive crash analysis, process and safety partners, emphasis areas, roundabout and traffic cushion policy, evaluation, and implementation plan, recommended safety measures (along with prioritized project lists, poten tial funding sources, evaluation criteria and future updates including attachments and supporting documentation).

I.12.a
Packet Pg. 287
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

7 City of Moreno Valley
RFP 2023-030
Willdan will prepare the addendum safety improvement plan in accordance with all Caltrans and Federal Highway Administration requirements. Electronic files of the Draft Safety Improvement in Three Areas addendum to the Local Road Safety Plan will be submitted to City Staff for review. Willdan will assist the City in circulating the Draft to identified stakeholders. A comment matrix will be made to ensure all comments are incorporated into the Final Plan. Three (3) hard copies and the electronic files of the Final Plan will be submitted to the City’s Public Works Department.

As mentioned in Task 1, Willdan will attend a kick-off meeting in addition to two progress meetings and two public meetings while preparing the LRSP addendum analysis and document.

Task 6 Deliverables
 Electronic Submittal of Draft Safety Plan Addendum
 Comment Matrix of Draft Safety Plan Addendum
 Electronic files of the Final Safety Plan Addendum
 Three (3) Hard copies of the Final Safety Plan Addendum Deliverables
Task Deliverables

1. Project Management  Meeting agendas and minutes for all meetings  Project Schedule

2. Field Review & Data
Collection
 Up to 15 Classification ADT Count Sheets
 Base map with truck traffic and locations of safety concerns  Summary of current efforts to address roadway safety (trucks and burros)  Crash trends diagrams (trucks and vehicles vs burros)

3. Traffic Calming Policy
 Identify key metrics to be considered for traffic calming measures to be installed.  Develop a policy for requesting and installing roundabout and speed cushion traffic calming.

4. Safety Analysis  List of the top high-risk corridors and top high-risk intersections.  Detailed analysis summary of top priority locations.

5. Countermeasures &
Potential Improvements
Identification
 Draft and Final Countermeasure Development memos
 Recommendations on countermeasures to address truck safety and suggested routes.
 Recommendations on countermeasures to address burro collisions.

6. Final Safety Improvement in
Three Areas Report
 Electronic Submittal of Draft Safety Plan Addendum
 Comment Matrix of Draft Safety Plan Addendum
 Electronic files of the Final Safety Plan Addendum
 Three (3) Hard copies of the Final Safety Plan Addendum Quality Assurance and Quality Control (QA/QC)
Willdan’s project control system is designed to provide a coordinated effort between all task facets of a project in the framework of the pre-established master schedule, budget controls, and reporting system.

The project control system provides an objective
measure of performance integrating the following
functions:
 Work breakdown structure
 Budget control system
 Master schedule control system
 Progress reporting
 Work breakdown structure

I.12.a
Packet Pg. 288
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

8 City of Moreno Valley
RFP 2023-030
Project Controls

The manhour breakdown structure subdivides the work into manageable segments and is the basis for our project managers’ project control plan. The structure is tailored to specific project needs, but generally has typical elements, including codes to identify work segments and engineering disciplines, weekly reports, and project resources schedule.

To monitor labor costs, each person performing work on a project completes a weekly timecard that identifies the project, segment of work, and engineering discipline by code. Manhour summary reports are developed weekly from the timecards and are issued to our project manager for review. Each project manager then updates the schedule. This simple system provides accountability for Willdan’s payroll, billings, and progress reporting and serves as the basis for all cost-related project management data.

The budget control system is prepared in accordance with the work breakdown structure. The budget becomes the control against which performance is measured. The budget is time phased by combining project master scheduling data with budget data. Actual costs are compared with budgeted costs and variances analyzed. Deviations between planned and actual cost can then be evaluated to forecast and control future work. Beginning with electronic timekeeping, project hours are assigned to the appropriate tasks and subtasks and booked as work- in-process. Pre-bill reports are generated that identify the hours to be billed along with any other direct charges to the project. This is the information used to determine each month's invoicing. Once hours and charges are bil led, they are shifted from Work-in-Process to Accounts Receivable to ensure that billed hours are inactivated. Monitoring is easily accomplished through team member progress updates and comparisons between the scope of work, schedule, and budget.

A critical path method master schedule will be prepared following the notice to proceed. The schedule will identify major items of work and will be the vehicle for monitoring, controlling, and tracking progress. The schedule will be updated monthly to reflect actual and forecasted completions. This allows our project managers to anticipate and forecast potential issues and develop an advanced strategy to proactively mitigate problems before they impact the schedule . If it is determined that a project is falling behind schedule, project managers meet with the respective team members, identify the problem, and ensure that extra support and effort are exp ended to bring the project back on schedule. Willdan will keep City staff informed of the overall schedule, including advanced notification of any necessary adjustments or actions to remain on track. Project managers monitor all progress on a weekly basis.

The submittal requirements and format for consistent monthly reporting of project costs and status will be confirmed with the City during the project start -up period. The status report will contain a project performance summary, action items, outstanding items to be resolved, an updated schedule, and a comparison and narrative of budgeted costs versus actual costs.

Quality Assurance and Quality Control procedures are critical to ensuring sound engineering practices and quality deliverables are produced for our clients. Willdan operates daily under a company- wide Quality Assurance/Quality Control (QA/QC) Program. In a ccordance with Willdan’s QA/QC Manual, a QA/QC officer is assigned to every contract. As part of his daily responsibilities, Mr. Farhad Iranitalab, PE, TE, is the assigned QA/QC officer for this project and will provide quality assurance oversight.

Typical QA/QC activities include assigning the appropriate technical staff to the project, selecting the proper technical project approach, establishing a project schedule that meets internal Willdan and City deadlines, and determining the proper level of QA/QC r eview. Many of these QA/QC activities have already been discussed as part of this proposal preparation. Project- specific QA/QC activities will be planned at the beginning of a project.

I.12.a
Packet Pg. 289
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

9 City of Moreno Valley
RFP 2023-030
The four levels of QA/QC review for project deliverables include:
 Level 1 – Peer review only
 Level 2 – Peer review and editorial review (documents)  Level 3 – Peer review, editorial review, and professional engineer review  Level 4 – All elements of Level 3 plus additional reviews by specific technical experts The two major components of the QA/QC review are communication and technical reviews. A Level 2 QA/QC review will be performed on the Local Road Safety Plan to ensure the Plan is reasonably organized, text and presentation are understandable and easy to follow, any required formats are followed and there are no grammatical or spelling errors. This level of QA/QC review will also ensure the Plan satisfies the required deliverables identified in the Scope of Work. A Level 3 QA/QC review will be performed spec ifically as it relates to the technical issues of the B/C ratio calculations and determining if the proposed countermeasures are sound and appropriate.

Experience with the City of Moreno Valley
Willdan has been providing professional consulting services to the City of Moreno Valley since 1999. We have provided traffic engineering, civil engineering, plan check, building and safety, planning, geotechnical, financial consulting, and federal compliance services.

LRSP Experience and Other Safety Reports
History and Experience Providing the Requested Services Willdan offers the full range of services for LRSP and related projects including traffic engineering and transportation planning, including field investigations, traffic data collection and analysis, traffic impact studies and analyses, engineering, and traffic survey implementations and recertifications, traffic designs, and overall project management. Our team is experienced in safety analysis methodologies for Local Road Safety Plans and has been involved with this specific type of planning and reporting since the advent of the systemic safety analysis report – the predecessor to the local roadway safety plan. Our expertise has been enhanced through his participation in preparing – and overseeing the preparation of – grant funding applications for HSIP and ATP funding. The following table lists our most recent LRSP, SSAR and HSIP grant application projects for city clients.

Local Road Safety
Plan
 City of Inglewood
 County of Napa
 City of Bell
 City of Lakewood
 City of Paramount
 City of Downey
 City of Rolling Hills Estates
 City of La Puente
Systemic Safety
Analysis Report
 City of La Cañada Flintridge
 City of West Covina
 City of Ridgecrest
Other Safety Reports
 City of Bellflower Traffic Calming Policy
 City of Rolling Hills Estates Traffic Calming Policy
 City of Pico Rivera Traffic Calming Handbook
 City of Paramount Traffic Calming Studies
 City of La Puente Safety Studies
 City of Bell Traffic Calming Studies

Willdan offers expertise in funding sources to assist our clients with obtaining available funding for current and future capital improvement projects. Our team offers vast knowledge of local/state/federal funding availability, along with administration and procurement requirements, for a wide variety of funding sources. Willdan's staff members have prepared numerous funding and competitive grant applications for various client cities. The applications generally require extensive research to investigate facilities and existing conditions, soliciting support from local civic groups, and completing a detailed cost estimate for project implementation.

Willdan proposes our proficiency in grant writing and selecting winning projects as highlighted below.  Submittals have a greater than 68 percent award rate on competitive state and federal grants Project Development
Application Questions
Conceptual Exhibits
Cost Estimates
Supporting Documents
Submit Application
I.12.a
Packet Pg. 290
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

10 City of Moreno Valley
RFP 2023-030
 25 grant applications were prepared for clients during Highway Safety Improvement Program (HSIP) Cycle 10 Call for Projects in 2020 with 20 applications being selected for funding – an 80 percent success rate totaling $17,816,700
 Clients have been awarded over $100 million in federal/state and local grants over the past five years Related Experience
Client references have been provided for a representative sampling of Willdan's clients/projects. We encourage the City to contact the listed agencies to verify Willdan's commitment to excellence, project schedules, and project budgets.

Local Roadway Safety Plan
City of Downey Contact: Ed Norris, Deputy Director of Public Works Director 11111 Brookshire Avenue
Downey, CA 90241
(562) 904-7110
[email protected]
Total Construction Cost: $56,933 (fee) Year Completed: 2022 Project Team: Nicolle Spann, Jeffrey Lau, Emilio Murga
Services Provided Preparation of a Local Roadway Safety Plan Willdan prepared an LRSP for the City of Downey. The draft report was completed and shared for review by the project stakeholders. The plan evaluated crash history on an aggregate basis to identify high -risk roadway characteristics, rather than looking at high-collision concentration locations through site analysis. TIMS and SWITRS were used for the collision analysis. With a population of 114,400, Downey had a 6-year crash history of 5,557 Citywide crashes between 2015 and 2020. Willdan set up virtual meetings with stakeholders from the public works department, planning department, enforcement, fire department, and school district to identify collision hot spot locations and location -appropriate countermeasures and projects throughout the City. The evaluation helped identify safety projects within the City and prioritize countermeasures across the entire system. The results of the evaluation identified safety projects within the City that can be used to apply for future funding consideration through the HSIP and other safety program applications. The LRSP developed a prioritized list of 5 safety projects with competitive benefit cost ratios that were included in HSIP Cycle 11 applications. The project was completed on time and within budget.

I.12.a
Packet Pg. 291
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

11 City of Moreno Valley
RFP 2023-030
Traffic Calming Program
City of Bellflower Contact: Len Gorecki, Assistant City Manager/ Director of Public Works 16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1424 ext. 2259
[email protected]
Total Construction Cost: $17,000 (fee) Year Completed: 2020 Project Team: Nicolle Spann, Jeffrey Lau
Services Provided Preparation of Traffic Calming Program Willdan developed a traffic calming program for the City of Bellflower for the City to reference to determine what traffic calming measures may work best in their community and develop processes or procedures for such installations. A toolbox was developed listing traffic calming applications and approaches. Willdan worked closely with City staff to understand what traffic calming measures work best for their community. Street eligibility criteria were identified for each traffic calming measure for the City to compare roadway conditions against the policy when responding to resident requests .

The policy identified procedures to request a more in-depth traffic calming analysis.

I.12.a
Packet Pg. 292
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

12 City of Moreno Valley
RFP 2023-030
Local Roadway Safety Plan
City of Rolling Hills Estates Contact: David Wahba, Community 4045 Palos Verdes Drive North
Rolling Hills Estates, CA 90274
Development/Public Works Director
(310) 377-1577, ext. 103
[email protected]
Total Construction Cost: $76,100 (fee) Year Completed: 2022 Project Team: Nicolle Spann, Jeffrey Lau, Emilio Murga
Services Provided Preparation of a Local Roadway Safety Plan and Grant Funding Administration Willdan has prepared an LRSP for the City of Rolling Hills Estates. Collisions shared from the County Sherriff’s department were used for the collision analysis. With a population of only 8,100, Rolling Hills Estates had a 3-year crash history of 227 Citywide crashes between 2017 and 2019. Citywide crash trends were evaluated and summarized in the report with a corresponding list of countermeasures that can be applied systemically to mitigate those collision types or factors. After reviewing the collision data and summarizing our findings to the project stakeholders, proposed projects were identified that would be competitive in HSIP calls for projects. The analysis results, proposed countermeasures, and draft report were presented to the City’s Traffic and Safety Committee and other stakeholders from the 4 E’s to gather input and approval.

The City of Rolling Hills Estates has never received HSIP funding, and has a relatively low collision history, but the LRSP has identified a list of 4 competitive HSIP safety projects the City can use to apply for funding. Willdan aided the City with submitting 3 HSIP Cycle 11 applications based on the findings of this LRSP.

The project was completed on time and within budget.

I.12.a
Packet Pg. 293
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

13 City of Moreno Valley
RFP 2023-030
Local Roadway Safety Plan
City of Inglewood Contact: Peter Puglese, City Traffic Engineer One Manchester Boulevard
Inglewood, CA 90301
(310) 412-5333
[email protected]
Total Construction Cost: $71,456 (fee) Year Completed: 2023 Project Team: Nicolle Spann, Jeffrey Lau, Emilio Murga
Services Provided Preparation of a Local Roadway Safety Plan and Grant Funding Administration Willdan has prepared a Local Road Safety Plan (LRSP) for the City of Inglewood. This LRSP reviewed collisions between 2016 and 2021 to identify high-risk roadway characteristics. The City of Inglewood has had a lot of capital improvement project recently completed or planned for construction. With this knowledge, this LRSP focused on locations that have not had any recent work done. In th e early analysis stages, Willdan identified over 40 top collision locations and with the stakeholders’ input, determined the top ten intersections and the top 5 corridors within the City for further analysis. A discussion in the LRSP for each of the high-p riority locations included the existing conditions, a summary of the collision data analysis at that location and recommended improvements to mitigate the problems identified in the field review and collision review. Following this section in the LRSP, Willdan developed HSIP -ready capital improvement projects which included discussion on the included locations, project scope, countermeasures used, cost estimates, and BCR calculation. The stakeholders reviewed the proposed projects and prioritized the projec ts for future HSIP applications. The project was completed on time and within budget.

I.12.a
Packet Pg. 294
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

14 City of Moreno Valley
RFP 2023-030
Local Roadway Safety Plan
City of Paramount Contact: Adriana Figueroa, Director of Public Works 16400 Colorado Avenue
Paramount, CA 90723
(562) 220-2100
[email protected]
Total Construction Cost: $73,600 (fee) Year Completed: 2022 Project Team: Nicolle Spann, Jeffrey Lau, Emilio Murga
Services Provided Preparation of a Local Roadway Safety Plan and Grant Funding Administration Willdan developed a citywide Local Road Safety Plan to systemically analyze and identify safety problems and develop recommendations for safety improvements in the City of Paramount. This evaluation identified safety collision hot spots in the City, developed countermeasures to address those hot spot locations, and packaged together systemic projects that are turn-key for future HSIP applications. TIMS and SWITRS were used for the coll ision analysis. With a population of 54,400, Paramount had a 5 -year crash history of 2,974 Citywide crashes between 2017 and 2021. Citywide trends and mitigation measures were identified and presented to the project stakeholders. We performed a thorough evaluation of the top ten intersection and corridors which helped identify spot location projects and identify trends that developed into systemic Citywide projects.

Paramount has been awarded $581,900 in HSIP Cycle 10 funding using two projects that were identified early -on in the LRSP development process.

Following completion of the LRSP, two projects were submitted for HSIP Cycle 11, hoping to win the City over $1 million in HSIP Cycle 11 funds. The project was completed on time and within budget.

I.12.a
Packet Pg. 295
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

15 City of Moreno Valley
RFP 2023-030
Resource Allocation Matrix

I.12.a
Packet Pg. 296
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

16 City of Moreno Valley
RFP 2023-030

3. Proposed Staff/Team
The team proposed for the City’s project has directly relevant experience in reviewing and conducting traffic collision analyses and recommending proper countermeasures;
transportation planning; preparing safe route to school plans and active transportatio n plans; pedestrian and bicycle studies, traffic operations studies and traffic control devices studies; neighborhood traffic management, traffic impact studies and mitigation measures. As contract city staff, they regularly review and prepare traffic imp act studies and prepare assessment letters and conditions of development.

As part of the process, we evaluate the feasibility of
mitigation measures proposed by developers and require
modifications as needed. Our involvement extends to
presenting our findi ngs to Commissions and Councils.

Willdan’s success has been built around our ability to
communicate with, receive input from, and satisfy the needs of the client, stakeholders, advisory groups, decision-makers, and the community.

Since many of our staff members have served in a public agency management capacity or have public agency
employment backgrounds, we are very familiar with the
unique processes and policies of public agencies. This
familiarity allows our staff members to execute projects that meet public agency staffs', Commissions', and Councils' goals and generate public acceptance.

Willdan’s team has directly relevant experience in reviewing and conducting traffic collision analyses and recommending proper countermeasures; preparing LRSPs; transportation planning; preparing safe route to school plans and active transportation plans; pedestrian and bicycle studies, traffic operations studies and traffic control devices studies; neighborhood traffic management, traffic impact studies and mitigation measures. As contract city staff, they regularly review and prepare traffic impact studie s and prepare assessment letters and conditions of development. As part of the process, they evaluate the feasibility of mitigation measures proposed by developers and require modifications as needed.

This involvement extends to presenting our findings to Commissions and Council.

Key Personnel
For our key personnel, we have selected individuals with extensive expertise and directly related experience to ensure that services provided adhere to company -wide policies including the quality and integrity of project deliverables and team performance. They are supported by a talented technical support team ready to implement successful project delivery. The project manager selected to serve the City is a highly qualified individual with the task-to-talent match to meet stated goals.

Principal-in-Charge/Quality Assurance Manager
Jeffrey Lau, PE, TE will serve as Principal -in-Charge and Quality Assurance Manager . His background involves extensive experience with traffic engineering and transportation planning. He is experienced in traffic safety analysis and is currently managing the development of LRSPs for the Cities of Downey, La Puente, Paramount, and County of Napa.

He has also prepared similar Systemic Safety Analysis Reports (the precursor of the Local Road Safety Plan) for the Cities of La Cañada Flintridge, West Covina, and Ridgecrest. Mr. Lau has assisted these clients by preparing grant funding applications for the HSIP and ATP programs and recommending candidate projects. He is intimately familiar with developing safety projects utilizing countermeasures from Caltrans’ L ocal Roadway Safety Manual that feature competitive benefit/cost ratios. During the previous HSIP Cycle 10 Call for Projects, Organization chart depicting the roles and communication among our proposed project team
I.12.a
Packet Pg. 297
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

17 City of Moreno Valley
RFP 2023-030
Mr. Lau spearheaded development of twenty successful HSIP grant applications that were awarded over $17 million in funding.

Mr. Lau has worked on the following projects that are similar to the proposed development of the City’s Local Road Safety Plan (LRSP):
 Project Manager – Local Road Safety Plan, County of Napa  Traffic Engineer – Local Road Safety Plan, City of Inglewood  Traffic Engineer – Local Road Safety Plan, City of Lakewood  Traffic Engineer – Local Road Safety Plan, City of Bell  Project Manager – Systemic Safety Analysis Report, City of West Covina  Traffic Engineer – Systemic Safety Analysis Report and E&T, City of Ridgecrest  Deputy Project Manager – Systemic Safety Analysis Report, City of La Cañada Flintridge  Task Leader – Hildreth Traffic Study, City of South Gate Project Manager
Wes Pringle, PE , will serve as Project Manager. He has over 33 years of experience as a Transportation Engineer for the City of Los Angeles, where he worked with the Bureau of Engineering on implementing the current street standards and the adopted Mobility Plan. He also worked with development projects in establishing Transportation Demand M anagement strategies that improve the pedestrian, transit, and biking experience in the City. He has worked with multiple development projects on implementing traffic calming elements to prevent impacts to neighboring communities. He has worked on truck management plans with the Los Angeles Harbor Department and worked on the Alameda Corridor project. Mr. Pringle represented LADOT at City Planning Subdivision Public Hearings and Community Meetings and reviewed access and circulation plans for building permit applications, parcel maps, and tract maps. He also developed a traffic modeling report for the western region of the City of Los Angeles, the Western Transportation Studies District. Mr.

Pringle is a Member of the Institute of Transportation Engineers (ITE), a guest lecturer of Transportation Engineering at the University of Southern California, and an Editor of ITE’s Expert Witness Council Newsletter.

Back-up Personnel
Willdan’s key personnel will be supported by a talented technical support team ready to implement successful project delivery.

Support Team Credentials Experience
Nicolle Spann, PE, TE
Senior Engineer

9 Years of Experience
 BS, Civil Engineering, California State
Polytechnic University, Pomona, CA
 Traffic Engineer, California No. 2933
 Civil Engineer, California No. 91787
 Civil Engineer, New Mexico No. 26862
 Civil Engineer, Arizona No. 74660
 Managed teams for the preparation of
LRSPs, HSIP grant applications, and traffic
calming policies
 Knowledgeable in traffic engineering
safety studies, citywide collision analysis,
countermeasure development, and
traffic calming applications.

Emilio Murga, EIT
Assistant Engineer

5 Years of Experience
 BS, Civil Engineering, California State
University, Fullerton
 Engineer-in-Training, California No.
162881
 Knowledgeable in preparing HSIP grant
applications and LRSPs
 Experience with preparing traffic studies
including engineering and traffic surveys,
stop sign and traffic signal warrants, and
traffic calming
Subconsultant
Willdan has used one subconsultant to enhance the in- house capabilities of our own staff. Counts Unlimited, Inc. will provide data collection services in support of Willdan's traffic engineering studies.

I.12.a
Packet Pg. 298
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

18 City of Moreno Valley
RFP 2023-030
Counts Unlimited, Inc. (CUI), a California corporation, is a certified small business enterprise serving the Southern California area for the past 30 years. CUI specializes in traffic data collection and provides accurate and comprehensive traffic data collection services to the transportation engineering community throughout Southern California. CUI's staff members receive extensive training and testing before beginning data collection to ensure they meet the highest possible standards of performance, accuracy, and customer service. CUI understands the immense importance of the data collected and the impact it has on transportation planning. They place a large emphasis on customer service and staff availability to clients. Through their broad spectrum of data collection projects, CUI continuously refines their data collection methodologies and offers the most proficient, cost-effective, and timely traffic data collection services with state- of-the-art solutions.

Counts Unlimited Proposed Team
Counts Unlimited
Proposed Team Credentials Experience
Abe Campos
Project Manager for
Counts Unlimited

26 Years of Experience
 Member - Institute of Transportation
Engineers (ITE)
 Secretary/Treasurer – Riverside San
Bernardino Section ITE (RSBITE)
 Experienced with planning and management
of On-Call Projects, pneumatic tube counts,
travel time studies, license plate studies,
radar speed surveys, and parking studies that
include demand, utilization, and turnover
rates.
 Ensures the quality of the data collected for
each project.

Counts Unlimited Related Projects
Citywide Data Collection Services
City of Grand Terrace Contact: Kamran Dadbeh, City Engineer 14177 Frederick Street
Moreno Valley, CA 92552
(909) 954-5192
[email protected]
Total Construction Cost: $1,700 (fee) Year Completed: 2023 Project Team: Abe Campos, Kris Campos
Services Provided ADT Counts, Radar Speed Surveys
Counts Unlimited was a subconsultant for Willdan for the preparation of the Grand Terrace Engineering and Traffic Survey.

Counts Unlimited conducted the data collection services including radar speed surveys and bi -directional 24-hour ADT counts at 14 segment locations throughout the City of Grand Terrace. Counts Unlimited conducted the data collection and submitted summary sheets displaying the data collected.

Garfield Avenue Data Collection Services
City of Paramount Contact: Adriana Figueroa, Director of Public Works 16400 Colorado Avenue
Paramount, CA 90723
(562) 220-2100
[email protected]
Total Construction Cost: $3,000 (count fee) Year Completed: 2015 Project Team: Abe Campos, Kris Campos
Services Provided Turning Movement Counts, ADT Counts, Classification Counts Counts Unlimited was a subconsultant for Willdan for the preparation of the Garfield Avenue Traffic Impact Study. Counts Unlimited performed peak hour turning movement counts at twelve (12) locations along the Garfield Avenue Corridor and prepared 24-hour counts at four (4) locations with two (2) locations separately counting by vehicle classification. Counts Unlimited conducted the data collection and submitted summary sheets displaying the data collected.

Team Resumes
Willdan has provided our team resumes in the Appendix of this submittal.

I.12.a
Packet Pg. 299
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

19 City of Moreno Valley
RFP 2023-030

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

Willdan agrees that the RFP shall be incorporated in its entirety as a part of the Consultant's Proposal.

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

Willdan agrees that the RFP and Willdan’s Proposal will jointly become part of the Agreement for Professional
Consultant Services for this project when the
Agreement is fully executed by Willdan and the Mayor
or City Manager of Moreno Valley.

C. A statement that the Consultant’s Services to be
provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in the
Consultant's Proposal under the heading "ADDITIONS OR
EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL."
Willdan agrees that our services to be provided and our fees will be in accordance with the City’s RFP. Willdan does not have any additions or exceptions to the City’s Request for Proposal.

D. A single and separate section with the heading
"ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST
FOR PROPOSAL" (if needed) containing a complete and
detailed description of all of the exceptions to the
provisions and conditions of this Request for Proposal
upon which the Consultant’s Proposal is contingent and
which shall take precedent over this RFP.

Willdan does not have any additions or exceptions to
the City’s Request for Proposal.

E. A statement of qualifications applicable to this project including the names, qualifications, and proposed duties of the Consultant’s Staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the
appropriate persons whom the City could contact. If one or mor e 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.

Willdan’s qualifications applicable to this project
including the names, qualifications, and proposed
duties of Willdan’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 Wi lldan’s staff should become unavailable,
Willdan may substitute other staff of at least equal
competence only after prior written approval by the
City.

F. A resource allocation matrix must be submitted with the Proposal. The resource allocation matrix must list
detailed tasks in rows and the appropriate individual (Job Title Only) as well as the number of hours that these
individuals will be working on each task listed, will be included in adjacent columns. The resource allocation
matrix and the project design schedule are required of
both the primary consultant, as well as any sub -
consultant. In addition, the applicable construction
support services consulta nt 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.

Willdan has provided a resource allocation matrix with
our proposal. The resource allocation matrix lists
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 t ask listed is included in adjacent columns. The resource allocation
matrix and the project design schedule for Willdan and
our sub- consultant are included in this submittal.

Willdan’s proposed scope of services does not include
geotechnical services so no hours will be provided for
geotechnical tests, inspection, or survey work.

I.12.a
Packet Pg. 300
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

20 City of Moreno Valley
RFP 2023-030
G. A statement of sub -consultant’s (include relief
personnel) qualifications applicable to this project
including the names, qualifications, and proposed duties of the sub- consultant’s staff to be assigned to this
project; a listing of recent similar projects completed including the names, titles, addresses, and telephone
numbers of the appropriate persons whom the City could
contact.

Willdan has provided our sub-consultant’s qualifications applicable to this project including a list of recent similar projects completed including the names, titles,
addresses, and telephone numbers of the appropriate
persons whom the City could contact.

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

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

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

All charges for Willdan Engineering’s services is a “Not - to-Exceed Fee” which includes conservatively estimated
reimbursable expenses, as submitted with, and made a
part of Willdan's Proposal.

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

Willdan 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.

K. A statement that the Consultant will immediately
document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior, during, or after the construction work.

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

L. A copy of the Consultant's hourly rate schedule and a statement that said hourly rate schedule is part of the Consultant's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. An itemized cost breakd own 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.

Willdan has provided a copy of our hourly rate schedule that will be used in invoicing for progress payments and for extra work incurred that is not part of this RFP.

Willdan has provided an itemized cost breakdown for
the work described in this submittal in a separate file, titled Cost file, as part of Willdan’s Proposal submittal.

Willdan agrees that all extra work will require prior
approval from the City.

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

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

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

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

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

Willdan will 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 will be retained for at least three years.

I.12.a
Packet Pg. 301
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

21 City of Moreno Valley
RFP 2023-030
P. A statement that the Consultant shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276 -a
through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments
thereof and the California Labor Code. P ursuant to the said regulations, entitled “Federal Labor Standards
Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.

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

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

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

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

Willdan 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 t he Consultant, without further
acknowledgment by the parties.

I.12.a
Packet Pg. 302
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

22 City of Moreno Valley
RFP 2023-030

5. Required Forms
 Attachment A – Non-Collusion Affidavit
 Exhibit 10-Q - Lobbyist Disclosure.

I.12.a
Packet Pg. 303
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

23 City of Moreno Valley
RFP 2023-030
Attachment A – Non-Collusion Affidavit

I.12.a
Packet Pg. 304
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

24 City of Moreno Valley
RFP 2023-030
Exhibit 10-Q - Lobbyist Disclosure

I.12.a
Packet Pg. 305
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

25 City of Moreno Valley
RFP 2023-030

6. Cost Proposal
Willdan has provided our cost proposal in a separate file per the City’s Request for Proposal.

I.12.a
Packet Pg. 306
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

26 City of Moreno Valley
RFP 2023-030
Appendix – Resumes

I.12.a
Packet Pg. 307
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

27 Weston S. Pringle III, PE
Traffic Engineer II
Project Role: Project Manager
Wes Pringle has over 33 years of experience as a Transportation Engineer for the City of Los Angeles, where he worked with the Bureau of Engineering on implementing the current street standards and the adopted Mobility Plan. He also worked with development projects in establishing Transportation Demand Management strategies that improve the pedestrian, transit, and biking experience in the City. Mr. Pringle represented LADOT at City Planning Subdivision Public Hearings and Community Meetings and reviewed access and circulation plans for building permit applications, parcel maps, and tract maps. He also developed a traffic modeling report for the western region of the City of Los Angeles, the Western Transportation Studies District. Mr. Pringle is a Member of the Institute of Transportation Engineers (ITE), a guest lecturer of Transportation Engineering at the University of Southern California, and an Editor of ITE’s Expert Witness Council Newsletter.

Previous Work Experience
Los Angeles Department of Transportation (LADOT), Los Angeles, California . Served as a Transportation Engineer for the City of Los Angeles.
 Management responsibilities included supervising a staff of six Transportation Engineering Associates; reviewing, assigning the work produced by staff, including allocating overtime funds; providing training; attending committee meetings on standards; and developing and assisting in developing new policies . Interviewed and hired new Transportation Engineering Associates.
 Engineering r esponsibilities included participat ion in the development of LADOT’s Vehicle Miles Traveled (VMT) study guidelines; performed development review role under the latest Environmental Quality Act (CEQA) which adopted VMT; which included reviewing traffic impact studies, Level of Service Calculations, Traffic Signal Warrant Analyses, Neighborhood Traffic Impact Analyses and Mitigation, Environmental Impact Reports (EIR), Mitigated Negative Declarations (MND), and Notice of Preparations (NOP) for EI Rs, for over fifty projects per year. Implemented and reviewed Transportation Demand Management Plans including the review of annual trip monitoring requirements. Implemented and reviewed new regulation requiring Hillside Traffic Construction Management Plans for new developments in hillside areas. Developed striping plans for resurfaced streets, street improvement projects and temporary detour striping for construction staging; provided cost estimates for the installation and removal of striping; design ed temporary and permanent striping plans construction projects, lane closures, temporary worksite traffic control measures, and detour striping plans. Provided engineering traffic management in the field for the City of Los Angeles - sponsored special events, including the Los Angeles Marathon and the Academy Awards, and emergency response traffic management, including the 1994 Northridge Earthquake. Designed, maintained, and implemented signal timing at signalized intersections throughout the City of Los Angel es for the Signal Timing and Research Section and the Automated Traffic Surveillance and Control (ATSAC) system. Prepared written interpretations of signal timing charts for legal proceedings. Designed and installed temporary timing plans for special events, temporary closures, and emergency situations. Analyzed traffic signals for left-turn phasing implementation.

EDUCATION
BS, Civil Engineering,
California Polytechnic
University, Pomona,
California

PROFESSIONAL

CERTIFICATIONS
Registered Professional
Engineer, Civil
Engineering, State of
California No. 56856
Certified Building Plans
Examiner, State of
California No. 10072182
Transportation
Engineer, City of Los
Angeles Department of
Transportation
33 YEARS OF EXPERIENCE

I.12.a
Packet Pg. 308
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

28 Relevant Project Experience
Stope Warrant Studies, City of Bell, CA. Quality Assurance Manager . Willdan is providing traffic engineering services for the preparation of All -Way Stop Warrant Studies at various locations throughout the City of Bell.

Affordable Housing and Sustainable Communities Program, City of Ridgecrest, CA. Quality Assurance Manager . Willdan is providing project management, preliminary engineering, design, and bidding assistance services for the upcoming Affordable Housing and Sustainable Communities Program (AHSC) Improvement projects . The project is funded through Sustainable Transportation Infrastructure (STI) funds and Transportation Related Amenities (TRA 1 and TRA 2) funds.

Plan Check Services, City of El Monte, CA. Traffic Engineer. Willdan is providing review of civil plans submitted to the City by applicants for permitting review.

Traffic Engineering Services, City of Lakewood, CA. Traffic Engineer. Willdan is providing on-call City Traffic Engineering services to the City of Lakewood.

On-Call Traffic Engineering Services, City of Pico Rivera, CA. Traffic Engineer. Willdan is providing On-Call Traffic Engineering Services to the City of Pico Rivera. Traffic Engineering services provided include: respond to resident/business concerns, development review, preparation of traffic and parking demand study scopes, review of traffic and parking demand studies, development of "conditions of approval", review of traffic control plans, preparation of work orders, review of traffic signal design plans, review of traffic signal operation plans, preparation/review of traffic signing and striping plans, coordination with other City departments including Planning, Public Services and Public Safety, and attend City Council, Planning Commission and Public Safety Commission meetings as requested.

Weston S. Pringle III, PE
Continued
I.12.a
Packet Pg. 309
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

29 Jeffrey Lau, PE, TE, ENV SP
Deputy Director – Engineering
Project Role: Principal-in-Charge/QA Manager
Jeffrey Lau is an accomplished engineer for multi -discipline and multi -agency traffic and transportation projects such as traffic signals, signing and striping, street lighting, and construction traffic control. He oversees transportation design for Willdan's traffic engineering group and manages a variety of large - to small -scale projects. His responsibilities include the coordination, analysis, and design of various transportation projects such as the preparation of plans, specifications, and estimates (PS&E); field investigations; and traffic data collection. He has also assisted with traffic impact studies and analyses, plan reviews, and engineering and traffic survey updates. Jeffrey’s extensive hands-on traffic engineering background encompasses designs for 400+ new and modified traffic signal installations, street lighting inventories for master plans, lighting design plans, street lighting conversions, and street lighting LED upgrades.

Jeffrey understands the importance of meeting schedules and developing the most cost - efficient projects to meet budgetary constraints. He has assisted clients with developing grant funding applications for various local, state, and federal grant programs – successfully securing funding through the Active Transportation Program (ATP) and the Highway Safety Improvement Program (HSIP).

Relevant Project Experience
Systemic Safety Analysis Report, City of La Cañada Flintridge, CA. Deputy Project Manager.

Willdan prepared a Systemic Safety Analysis Report (SSAR) that focuses on evaluating the City’s entire roadway network to identify safety projects to submit for future HSIP funding consideration. To develop the prioritized safety projects list, Willdan used the Caltrans’ Local Roadway Safety Manual as a guideline for analyzing collision history. Willdan analyzed each recommended countermeasure by crash type, co -efficient reduction factor, life expectancy, federal funding eligibility, and potential to work as a systemic approach.

Willdan used SafeTREC's Transportation Injury Mapping System Benefit/Cost Calculator tool along with Los Angeles Sheriff’s Department collision data and SWITRS database information for our analysis. The systemic safety analysis report identified the top 12 high- risk corridors and top 20 intersections with high collision frequencies within the city. The project developed a prioritized list of nine safety projects the City can use to apply for future HSIP grant funding.

East San Gabriel Valley Active Transportation Plan, County of Los Angeles, CA. Project Engineer. Willdan provided traffic engineering services for the East San Gabriel Valley Active Transportation Plan. The Active Transportation Plan was intended to promote walking biking and transit use among 21 unincorporated County communities in the East San Gabriel Valley. The Plan solicited community input, coordinated with neighboring cities, developed a scalable model creating a prioritized list of potential project corridors and selected three priority routes with recommended intersection improvements to enhance active transportation options. The Plan also required coordination and cooperation with the East San Gabriel Valley Area Plan task force as some overlap of data collection was involved.

EDUCATION
BS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA

PROFESSIONAL

CERTIFICATIONS
Civil Engineer, California
No. 83887
Civil Engineer, Colorado
No. 56366
Civil Engineer,
Washington No. 58065
Civil Engineer, Arizona
No. 70072
Traffic Engineer,
California No. 2835
Civil Engineer, Texas No.
140012
Civil Engineer, Nevada
No. 28303
Civil Engineer,
Minnesota No. 59453
Envision Sustainability
Professional No. 45376

19 YEARS OF EXPERIENCE

I.12.a
Packet Pg. 310
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

30 Nicolle Spann, PE, TE
Senior Engineer
Project Role: Technical Support
Nicolle Spann is a Senior Engineer with Willdan who specializes in traffic engineering investigations, transportation planning, and grant funding applications. She is knowledgeable in transportation engineering processes and their application to operating systems. Nico lle is experienced in traffic impact analyses, roadway safety studies, engineering and traffic surveys, traffic calming analysis, warrant analysis, preparing local road safety plans, signing, and striping design, and traffic signal design. She is well-versed in the understanding and applying guidelines set forth in the Highway Capacity Manual (HCM), a publication of the Transportation Research Board (TRB) of the National Academies of Sciences, Engineering, and Medicine in the United States, and the California Manual on Uniform Traffic Control Devices (CA MUTCD) – the standard for traffic signs, road surface markings, and traffic signals in the U.S. state of California.

Nicolle has vast experience in applying to and has been awarded $77M+ for client cities from federal, state, and local grant applications including the Highway Safety Improvement Program (HSIP), the Active Transportation Program (ATP), Metro Call for Proje cts, and Urban Greening.

She stays up to date on upcoming grant programs and is proactive in understanding new grant opportunities.

Relevant Project Experience
Local Road Safety Plan, City of Inglewood, CA. Project Manager. Willdan developed a citywide LRSP to identify safety problems, collision hot spot locations, identify systemic trends, and develop recommendations for safety improvements . The LRSP provided the City with an opportunity to proactively correct high collision or problem locations and prevent local road fatalities and injuries. A list of intersections and corridors with the most high -severity collisions was identified and a closer analysis was presented for each of the top intersections and corridors. From this analysis, countermeasures were identified to reduce future potential collisions at these locations.

Traffic Calming Policy, City of Bellflower, CA. Project Manager. Willdan developed a traffic calming program for the City of Bellflower for the City to reference to determine what traffic calming measures may work best in their community and develop processes or procedures for such installations. A toolbox was developed listing traffic calming applications and approaches.

Willdan worked closely with City staff to understand what traffic calming measures work best for their community. Street eligibility criteria were identified for each traffic calming measure for the City to compare roadway conditions against the policy when responding to resident requests. The policy identified procedures to request a more in-depth traffic calming analysis.

Local Road Safety Plan, County of Napa, CA. Deputy Project Manager . Willdan developed a citywide LRSP to identify safety problems, collision hot spot locations, identify systemic trends, and develop recommendations for safety improvements. The evaluation included input from stakeholders including members of the 4 E’s (Engineering, Education, Emergency Services, and Enforcement). The LRSP provided the County with an opportunity to proactively correct high collision or problem locations and prevent local road fatalities and injuries. Projects developed and presented in the Napa County LRSP were used to apply for nearly $6 Million in HSIP Cycle 10 and 11 funds. Willdan prepared the HSIP applications for the County and utilized the turn- key HSIP-ready project chapters to aide in the application.

Systemic Safety Analysis Report, City of Ridgecrest, CA. Project Manager. Willdan prepared a Systemic Safety Analysis Report (SSAR) in accordance with the policies and procedures of Caltrans’ Systemic Safety Analysis Report Program Guidelines. Based on projects developed in the SSAR, $944,000 in HSIP Cycle 10 funds were awarded to the City.

EDUCATION
BS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA

PROFESSIONAL

CERTIFICATIONS
Traffic Engineer,
California No. 2933
Civil Engineer, California
No. 91787
Civil Engineer, New
Mexico No. 26862
Civil Engineer, Arizona
No. 74660
9 YEARS OF EXPERIENCE

I.12.a
Packet Pg. 311
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

31 Emilio J. Murga, EIT
Assistant Engineer III
Project Role: Technical Support
Emilio Murga is a Willdan Engineering assistant engineer with 5 years of experience. He has prepared plans for street projects and environmental and construction documentation. His significant contribution to engineering and traffic studies for numerous Southern California cities includes analysis of radar speed data, collision data, and average daily traffic to effectively update citywide speed limits.

Relevant Project Experience
Local Road Safety Plan, City of Bell, CA . Willdan developed a citywide Local Road Safety Plan (LSRP) in accordance with all California Department of Transportation (Caltrans) and Federal Highway Administration (FHWA) requirements to systemically analyze and identify safety problems and develop recommendations for safety improvements. The LRSP looks at crash history on an aggregate basis to identify high-risk roadway characteristics, rather than looking at high -collision concentration locations through site analysis . This evaluation identified potential safety projects within the City and prioritize countermeasures across a system. The evaluation results will identify safety projects within the City for future funding consideration through the HSIP and other safety program applications. The City established the LRSP to help develop and prioritize traffic safety improvements citywide using measures including participation with the various “Es” stakeholders (Engineering, Education, Emergency Services, and Enforcement). The LRSP provided the City with an opportunity to proactively correct high collision or problem locations and prevent local road fatalities and injuries.

Engineering & Traffic Survey, City of Los Alamitos, CA. Willdan provided professional traffic engineering services for an Engineering and Traffic Survey on 17 street segments citywide.

HSIP Cycle 10 Grant Application, City of Lakewood, CA. Prepare Highway Safety Improvement Project (HSIP) cycle 10 grant application for traffic signal improvements.

HSIP Grant Applications, City of Bell, CA. Willdan provide professional grant writing services to the City to prepare two grant applications for the HSIP Cycle 10 Call for Projects.

HSIP Grant Applications, County of Napa, CA. Willdan provided professional traffic engineering services for the preparation of two HSIP Cycle 10 grant applications. The County requested the preparation of HSIP grant funding applications to be prepared for safety projects identified through the development of the County’s Local Road Safety Plan (LRSP).

Willdan and County staff have been working together to develop competitive HSIP candidate projects under the LRSP scope of work.

All Way Stop Warrant Analysis, City of Bell, CA. Willdan provided professional traffic engineering services to perform an All- Way Stop Warrant Analysis for the intersection of Walker Avenue and Randolph Street.

EDUCATION
BS, Civil Engineering,
California State
University, Fullerton
Civil Engineering,
California State
University, Northridge

PROFESSIONAL

CERTIFICATIONS
Engineering-in-Training,
California No. 162881

5 YEARS OF EXPERIENCE

I.12.a
Packet Pg. 312
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

32 Abe Campos
Project Manager – Counts Unlimited
Project Role: Data Collection
Abe Campos’ area of expertise is in the planning and management of On -Call Projects, pneumatic tube counts, travel time studies, license plate studies, radar speed surveys, and parking studies that include demand, utilization, and turnover rates. Upon completion, data is meticulously verified before submission of final reports. Mr. Campos is significantly involved in ensuring the quality of the data collected for each project. In order to provide the highest level of accuracy for our clients, Mr. Campos ensures the rigorous training and testing of all employees before field placement and duties are assigned.

Relevant Project Experience
City of Moreno Valley On-Call Traffic Data Collection Services, Moreno Valley, CA. Project Manager. Counts Unlimited works with the City of Moreno Valley to provide On -Call, As- Needed traffic data collection services. We work closely with the City of Moreno Valley staff to provide a variety of counts that include ADT Counts, Speed Surveys, Radar Surveys, Turning Movement Counts, and Pedestrian and Bicycle Counts. Count requests are made as needed, and we will complete on average 5-10 requests per month.

City of Corona Annual Count Program / On -Call Services, Corona, CA. Project Manager.

Counts Unlimited has performed a Bi -annual count program that includes (215) Turning Movement Counts, and an annual count program that includes over (320) 48- hour ADT Counts in the City of Irvine as part of our annual traffic data collection contract. In addition to the annual count programs, Counts Unlimited also provides on-call traffic count services to the City of Irvine that includes ADT Counts, Speed Counts, Turning M ovement Counts, and Radar Speed Surveys.

City Wide Speed Zone Updates. Managed City wide speed and volume data collection over the previous two years to update expiring speed zones; Cities include: City of Perris, City of Hemet, City of Victorville, City of Beaumont, City of Highland, City of Covina, and City of Rancho Mirage.

On Call Contracts . Currently manages multiple data requests and schedules for on call services as well as annual count programs; Municipalities include the City of Chino Hills, City of Ontario, City of Riverside, City of Irvine, City of Temecula, Town of Yucca Valley, City of La Quinta, City of Burbank, City of Fontana, City of Beaumont, and City of Victorville.

PROFESSIONAL
Associations
Member - Institute of
Transportation
Engineers (ITE)
Secretary/Treasurer –
Riverside San
Bernardino Section ITE
(RSBITE)

26 YEARS OF EXPERIENCE

I.12.a
Packet Pg. 313
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL 650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408-3586
909.386.0200
www.willdan.com
I.12.a
Packet Pg. 314
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

EXHIBIT “C”

CITY - SERVICES TO BE PROVIDED

TO CONSULTANT

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

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

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

I.12.a
Packet Pg. 315
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

EXHIBIT “D”

TERMS OF PAYMENT

1. The Consultant's compensation shall not exceed $481,700.00.

2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley b usiness license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley b usiness license are located at: http://www.moval.org/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 mater ials 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 I.12.a
Packet Pg. 316
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

5. The minimum information required on all invoices is:

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

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

I.12.a
Packet Pg. 317
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

EXHIBIT “E”

INSURANCE REQUIREMENTS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

Minimum Limits of Insurance

Consultant shall maintain limits of liability of not less than:

1. General Liability:

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

2. Automobile Liability:

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

3. Employer’s Liability:

$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
I.12.a
Packet Pg. 318
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

4. Professional Liability (Errors and Omissions):

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

Umbrella or Excess Insurance

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

Deductibles and Self-Insured Retentions

Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured 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 deductibles or self-insured retentions.

Other Insurance Provisions

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

1. The City of Moreno Valley, the City of 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 insurer shall waive any right of subrogation against the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.

If the Professi
onal Liability (Errors and Omissions) insurance policy is written on a claims-made I.12.a
Packet Pg. 319
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

form:

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

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

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

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

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

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

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

Verification of Coverage
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting I.12.a
Packet Pg. 320
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

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.

I.12.a
Packet Pg. 321
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

EXHIBIT “F”

SCHEDULE

I.12.a
Packet Pg. 322
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL ID Task Name Duration Start Finish1Notice to Proceed0 daysMon 3/4/24Mon 3/4/242Traffic Analysis 325 daysMon 3/4/24Fri 5/30/253Task 1 - Project Management/ Coordination290 daysMon 3/4/24Fri 4/11/254Project Kick-off Meeting5 daysMon 3/4/24Fri 3/8/245Project Management290 daysMon 3/4/24Fri 4/11/256Project Team Meetings290 daysMon 3/4/24Fri 4/11/257Task 2 - Traffic Calming Policy220 daysMon 3/11/24Fri 1/10/258Research30 daysMon 3/11/24Fri 4/19/249Collision Analysis30 daysMon 4/22/24Fri 5/31/2410Traffic Calming Policy Recommendations30 daysMon 6/3/24Fri 7/12/2411Traffic Calming Plan Report130 daysMon 7/15/24Fri 1/10/2512Traffic Calming Plan Draft Report40 daysMon 7/15/24Fri 9/6/2413Submit Traffic Calming Plan Draft Report0 daysFri 9/6/24Fri 9/6/2414City Review of Traffic Calming Plan Draft Report20 daysMon 9/9/24Fri 10/4/2415Final Traffic Calming Plan Report30 daysMon 10/7/24Fri 11/15/2416Submit Final Traffic Calming Plan Report0 daysFri 11/15/24Fri 11/15/2417Public Safety Committee Presentation20 daysMon 11/18/24Fri 12/13/2418City Council Presentation20 daysMon 12/16/24Fri 1/10/2519Task 3 - Truck Safety Analysis320 daysMon 3/11/24Fri 5/30/2520Research30 daysMon 3/11/24Fri 4/19/2421Data Collection60 daysMon 4/22/24Fri 7/12/2422Analysis30 daysMon 7/15/24Fri 8/23/2423GIS Maps and Tables30 daysMon 8/26/24Fri 10/4/2424Sunnymead Truck Safety Analysis60 daysMon 7/15/24Fri 10/4/2425Recommendations40 daysMon 10/7/24Fri 11/29/2426Technical Support and Documentation120 daysMon 12/2/24Fri 5/16/2527Truck Traffic Safety Analysis Report90 daysMon 12/2/24Fri 4/4/2528Truck Traffic Safety Analysis Draft Report40 daysMon 12/2/24Fri 1/24/2529Submit Truck Traffic Safety Analysis Draft Report0 daysFri 1/24/25Fri 1/24/2530City Review Truck Traffic Safety Analysis Draft Report20 daysMon 1/27/25Fri 2/21/2531Final Truck Traffic Safety Analysis Report30 daysMon 2/24/25Fri 4/4/2532Submit Final Truck Traffic Safety Analysis Report0 daysFri 4/4/25Fri 4/4/2533Public Safety Committee Presentation20 daysMon 4/7/25Fri 5/2/2534City Council Presentation20 daysMon 5/5/25Fri 5/30/2535Task 4 - Burro Crossing Safety Analysis280 daysMon 3/11/24Fri 4/4/2536Research60 daysMon 3/11/24Fri 5/31/2437Data Collection20 daysMon 6/3/24Fri 6/28/2438Collision Analysis20 daysMon 6/3/24Fri 6/28/2439GIS Maps and Tables30 daysMon 7/1/24Fri 8/9/2440Recommendations40 daysMon 8/12/24Fri 10/4/2441Technical Support and Documentation120 daysMon 10/7/24Fri 3/21/2542Burro Crossing Safety Analysis Report90 daysMon 10/7/24Fri 2/7/2543Burro Crossing Safety Analysis Draft Report40 daysMon 10/7/24Fri 11/29/2444Submit Burro Crossing Safety Analysis Draft Report0 daysFri 11/29/24Fri 11/29/2445City Review Burro Crossing Safety Analysis Draft Report20 daysMon 12/2/24Fri 12/27/2446Final Burro Crossing Safety Analysis Report30 daysMon 12/30/24Fri 2/7/2547Submit Final Burro Crossing Safety Analysis Report0 daysFri 2/7/25Fri 2/7/2548Public Safety Committee Presentation20 daysMon 2/10/25Fri 3/7/2549City Council Presentation20 daysMon 3/10/25Fri 4/4/25 3/4
5/30
4/113/8 4/114/11
1/104/195/317/12
1/109/6
9/610/411/15
11/1512/131/10
5/304/197/128/2310/410/411/295/16
4/41/24
1/242/214/4
4/45/25/30
4/45/316/286/288/910/43/21
2/711/29
11/2912/272/7
2/73/74/4
MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunQtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025 TaskSplit
Milestone
Summary
Project Summary
Inactive TaskInactive Milestone
Inactive Summary
Manual Task
Duration-onlyManual Summary RollupManual Summary
Start-only
Finish-only
External TasksExternal Milestone
Deadline
ProgressManual Progress
City of Moreno ValleyRoadway Safety Improvemetns in Three Areas Project Schedule

I.12.a
Packet Pg. 323
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

EXHIBIT “G”

PROJECT FEE

I.12.a
Packet Pg. 324
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL

February 1, 2024

City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552

Subject: Revised Cost Proposal for 2023-030 Moreno Valley Roadway Improvements in Three Areas (810 0022)

Willdan Engineering is pleased to submit our revised cost proposal to the City of Moreno Valley for consultation to the Transportation Engineering Division to improve the current Local Roadway Safety Plan (LRSP) by enhancing areas that need safety improvements with three key modules ( traffic calming including roundabouts and split traffic humps, protection of wild burros at roadway crossings, and truck safety). Please find attached our detailed cost proposal for all services and materials anticipated in completing the project based on the scope of services.

Willdan sincerely appreciates this opportunity to assist the City with the enhancement of their Local Road Safety Plan. I am an officer empowered by Willdan to sign this proposal and thereby commit Willdan to the obligations contained in the RFP response. This proposal is valid for 60 days following the closing date for the receipt of proposals. Willdan accepts and has no proposed exceptions, alterations or amendments to the Scope of Services or other requirements of the City’s RFP, including the Sample Agr eement for Professional Consultant Servies. If there are any questions regarding this proposal, please contact me by phone at (562) 368-4848, extension 6225 or by email at [email protected].

Respectfully submitted,

WILLDAN ENGINEERING

Vanessa Munoz, PE, TE
President and CEO
I.12.a
Packet Pg. 325
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 : AUTHORIZATION TO AWARD A PROFESSIONAL Proposal for 2023-030 Moreno Valley
Roadway Safety Improvements in Three Areas (810 0022)

City of Moreno Valley
RFP 2023-030

I.12.a
Packet Pg. 326
Attachment: Consultant Agreement for Project Specific Services 810 0022 v2 (002) (6363 :

Report to City Council

ID#6445 Page 1
TO: Mayor and City Council

FROM: Launa Jimenez, Chief Financial Officer

AGENDA DATE: February 20, 2024

TITLE: PUBLIC HEARING TO DESIGNATE FUTURE

ANNEXATION AREA FOR COMMUNITY FACILITIES
DISTRICT 2023 -01 (PUBLIC SAFETY SERVICES)
(ORDINANCE NO. __)

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct the Public Hearing for the designation of the Future Annexation Area for City of Moreno Valley Community Facilities District No. 202 3-01 (Public Safety Services).

2. Approve Ordinance No. __, an Ordinance of the City Council of the City of Moreno Valley, California, Providing for Future Annexation of Territory for the City of Moreno Valley Community Facilities District No. 2023 -01 (Public Safety Services).

SUMMARY

This report recommends that the City Council convene a Public Hearing and introduce Ordinance No. __ (Attachment 1) , an Ordinance of the City Council of the City of Moreno Valley, California, Providing for Future Annexation of Territory for the City of Moreno Valley Community Facilities District (CFD) No. 2023-01 (Public Safety Services) (the “District”). This action does not change the current services or special tax rate of the properties within the District. It will, however, streamline the process for those developing property owners who choose to annex their property into the District in the future.

DISCUSSION

J.1
Packet Pg. 327

As a condition of approval of development projects, applicants are required to provide an ongoing funding source for public safety services (e.g. police and fire protection).

The funding is used to mitigate the cost of certain impacts created by the proposed development.

On November 21 , 202 3, the C ity Council formed CFD No. 202 3-01, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”). The District was created to provide the development community with an alternative funding tool to provide the required funding to mitigate impacts to public safety operations created by development projects. If a property owner chooses to annex the parcels of their development into the District, they also authorize the C ity Council to annually levy a special tax, collected on the property tax bill, against property in the development project. Thus, satisfying the condition of approval.

To annex into the District, the Act requires the C ity Council first adopt a Resolution of Intention to annex territory. Between 30 -60 days thereafter, a Public Hearing is held, and the property owner ballot is opened to determine whether the property owner has authorized annexation of their property into the District.

The Act authorizes the City Council to designate a future annexation area. With a designated future annexation area, it will streamline the process by allowing future annexations into the District without the need for public hearings, “upon the unanimous approval of the owner o r owners of each parcel or parcels at the time that the parcel or parcels are annexed.”

On January 16 , 202 4, the C ity Council adopted a Resolution of Intent ion and set February 20 , 202 4 as the Public Hearing date for the Designation of the Future Annexation Area, identified in the boundary map (Attachment 2). Provided the C ity Council approves tonight’s item and the 2 nd reading (tentatively scheduled for March 5, 2024), the Ordinance will become effective 30 -days thereafter, allowing developing property owners to use the streamlined process to annex into the District as early as the April 16, 2024 City Council meeting.

ALTERNATIVES

1. Conduct the Public Hearing and approve the recommended actions as presented. Staff recommends this alternative since it will streamline the annexation process for property owners.

2. Open the Public Hearing and continue it to a future regularly scheduled meeting. Staff does not recommend this alternative because it will delay implementation of a streamlined annexation process.

3. Conduct the Public Hearing but do not approve the recommended actions as presented. Staff does not recommend this alternative because it will require use of a lengthier process to annex into the District.

J.1
Packet Pg. 328

FISCAL IMPACT

Third party costs associated with designation of the Future Annexation Area are projected not-to-exceed $5,000 for special legal counsel, legal notice publication costs, recording costs, and other related expenses. Sufficient funds exist in the City’s FY 2023/24 adopted operating budget, Fund 2006-30-79-25701, Special Districts Administration.

NOTIFICATION
The Press-Enterprise published the legal notice for tonight’s Public Hearing on February 8, 2024, consistent with Government Code § 53339.4 and 53322.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Felicia London Launa Jimenez
Special Districts Division Manager Chief Financial Officer/City Treasurer

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

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

J.1
Packet Pg. 329

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

1. MoVal CFD 2023-01 FAA Ordinance - Final

2. Boundary Map - Executed

APPROVALS

Budget Officer Approval ✓ Approved . 2/12/24 7:52 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/12/24 10:50 AM J.1
Packet Pg. 330

1 Ordinance No. ___
Date Adopted: March 5, 2024

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, PROVIDING FOR

FUTURE ANNEXATION OF TERRITORY FOR THE CITY

OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT
NO. 2023-01 (PUBLIC SAFETY SERVICES)

The City Council of the City of Moreno Valley , California, the legislative body of Community Facilities District No. 2023 -01 (Public Safety Services), does hereby ordain as follows:

SECTION 1. FINDINGS:

A. The Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”) authorizes the City Council of the City of Moreno Valley (the “City Council”) to establish a community facilities district to finance certain public safety services within the district.

B. Section 53339.7(a) of the Act authorizes the City Council, following a properly noticed public hearing, to provide for the future annexation of territory to a community facilities district. Such designation permits the annexation of a territory within the future annexation area , without additional hearings, upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed.

C. By its Resolution No. 2023-82, adopted on November 21, 2023, the City Council established its City of Moreno Valley Community Facilities District No. 2023-01 (Public Safety Services) (the “CFD”).

D. By its Ordinance No. 1004, adopted on December 5, 2023 (the “Special Tax Ordinance”), the City Council levied an annual special tax (the “Special Tax”) pursuant to Section 53340 of the Act against all non-exempt parcels of real property within the CFD.

E. By its Resolution No. 2024-01, adopted on January 16, 2024 (the “Resolution of Intention”), the City Council declared its intention to provide for future annexation of territory to the CFD.

F. The proposed future annexation area, which constitutes the entire territory of the City aside from the territory currently constituting the CFD, is shown on the map titled “Annexation Map No. 2 of Community Facilities District No. 2023-01 (Public Safety Services) of City of Moreno Valley, County of Riverside, California (Territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)” ( the “Annexation Map”). The J.1.a
Packet Pg. 331
Attachment: MoVal CFD 2023-01 FAA Ordinance - Final (6445 : PUBLIC HEARING TO DESIGNATE FUTURE ANNEXATION AREA FOR

2 Ordinance No. ___
Date Adopted: March 5, 2024

Annexation Map is recorded as Instrument No. 2024-0017904 in Book 92 of Maps of Assessment and Community Facilities Districts at Page 55, in the office of the County Recorder for the County of Riverside, State of California and is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference.

G. On February 20, 2024, at 6:00 PM (or as soon thereafter as practical), in the City Council Chamber located at 14177 Frederick Street, Moreno Valley, California 92553, the City Council held a full and fair public hearing (the “Hearing”) on the designation of the territory shown on Annexation Map No. 2 for annexation to the CFD in the future.

H. Notice of the Hearing was published pursuant to Section 53339.4 of the Act in the February 8, 2024, edition of The Press-Enterprise.

I. At the Hearing, the City Council heard oral and written testimony from all those wishing to provide such testimony. There was no majority protest (as defined by Section 53339.6 of the Act) against the proposed addition of territory to the CFD in the future.

J. City Council now desires to provide for the future annexation of territory to the CFD and to take other related actions.

SECTION 2. PROVISION FOR ANNEXATION IN THE FUTURE:

The City Council hereby provides for the annexation to the CFD of the territory shown on Annexation Map No. 2 upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings.

SECTION 3. EFFECT OF ANNEXATION:

Upon annexation, annexed territory shall be subject to the special tax imposed by the Special Tax Ordinance . This Ordinance does not change the rate and method of apportionment of such tax, and each parcel in the CFD (including each annexed parcel) shall be subject to a tax up to, but no higher than , the maximum rate for that parcel as set forth in the Special Tax Ordinance. Aside from permitting annexation of territory, this Ordinance does not alter any of the provisions of the Special Tax Ordinance, which is incorporated herein by reference.

SECTION 4. SEVERABILITY:

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase J.1.a
Packet Pg. 332
Attachment: MoVal CFD 2023-01 FAA Ordinance - Final (6445 : PUBLIC HEARING TO DESIGNATE FUTURE ANNEXATION AREA FOR

3 Ordinance No. ___
Date Adopted: March 5, 2024

hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phases hereof be declared invalid or unconstitutional.

SECTION 5. NOTICE OF ADOPTION:

Within fifteen days after the date of adoption hereof, the City Clerk of the City of Moreno Valley shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.

SECTION 6. EFFECTIVE DATE:

This ordinance shall take effect thirty days after the date of its adoption.

APPROVED AND ADOPTED this 5th day of March 2024.

_________________________________
Mayor of the City of Moreno Valley

ATTEST:

______________________________
City Clerk of the City of Moreno Valley

APPROVED AS TO FORM:

______________________________
City Attorney

J.1.a
Packet Pg. 333
Attachment: MoVal CFD 2023-01 FAA Ordinance - Final (6445 : PUBLIC HEARING TO DESIGNATE FUTURE ANNEXATION AREA FOR

4 Ordinance No. ___
Date Adopted: March 5, 2024

ORDINANCE JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. ___ had its first reading on February 20, 2024 and had its second reading on March 5, 2024, and was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 5th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

______________________________________

CITY CLERK

(SEAL)
J.1.a
Packet Pg. 334
Attachment: MoVal CFD 2023-01 FAA Ordinance - Final (6445 : PUBLIC HEARING TO DESIGNATE FUTURE ANNEXATION AREA FOR J.1.b
Packet Pg. 335
Attachment: Boundary Map - Executed (6445 : PUBLIC HEARING TO DESIGNATE FUTURE ANNEXATION

Report to City Council

ID#6524 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: February 20, 2024

TITLE: PROPOSED COMMERCIAL VEHICLE PARKING ON

EUCALYPTUS AVENUE

RECOMMENDED ACTION
Traffic Safety Commission Recommendation:

The Traffic Safety Commission recommends approval of the addition of the designated commercial vehicle parking on the northside of Eucalyptus Avenue, west of Aldi Place, for Commercial Vehicle Parking.

SUMMARY
This staff report is prepared at the request of the City Council to provide an update on the proposed commercial vehicle parking along the northside of Eucalyptus Avenue adjacent to the Aldi Distribution Center.

DISCUSSION
At the November 21, 2023, City Council Regular Meeting, staff presented the findings to the proposed commercial vehicle parking along the northside of Eucalyptus Avenue adjacent to the Aldi Distribution Center. This segment of Eucalyptus Avenue was considered a feasible location as it met all safety and technical requirements.

Eucalyptus Avenue is wide enough to accommodate parked commercial vehicles without impeding traffic, is near two City designated truck routes, and provides quick access to the 60 freeway.

City Council was amendable to the location but had concerns for commercial vehicles with built -in refrigeration units parking overnight and the sound from their equipment reverberating to the tract homes a quarter mile to the south . As a result, staff was directed to reach out to the surrounding community to inform them of the proposed project and invite an opportunity to provide comments.

K.1
Packet Pg. 336

Staff sent out letters (243 in total) to the surrounding area, approximately 1500 feet in radius, providing project information and an opportunity to comment. The response period closed on January 24, 2024, staff recorded (9) response emails and (6) phone calls all in opposition to the project. City staff did not receive any comments in favor of the project.

In addition, staff provided a presentation to the Traffic Safety Commission (TSC) on February 7, 2024 , for their consideration . The commission voted 4 to 0 recommending the City Council approve the pr oposed commercial vehicle parking along the northside of Eucalyptus Avenue.

FISCAL IMPACT
There is no impact to the General Fund.

NOTIFICATION
Publication of agenda

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

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

Harold Zamora, P.E.

Engineering Division Manager/Assistant City Engineer

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

K.1
Packet Pg. 337

1. Aldi Place Commercial Vehicle Parking

APPROVALS

Budget Officer Approval ✓ Approved . 2/12/24 3:11 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/12/24 3:17 PM K.1
Packet Pg. 338
602.4

ALDI TRUCK PARKING PROPOSAL
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valle
y will not be held responsible for any claims, losses or damages resulting from the use of this map. 505.2
Legend
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0 505.2252.61 Notes
11/1/2023Print Date:

Image Source: Nearmap
Public Facilities
Public Facilities; Iris Plaza Branch L
Fire Stations
Parcels
City Boundary
Sphere of Influence
150' RED CURB
150' RED CURB
16 CAL LEGAL PARKING

EUCALYPTUS AVENUE

ALDI PLACE
ALDI
K.1.a
Packet Pg. 339
Attachment: Aldi Place Commercial Vehicle Parking [Revision 1] (6524 : PROPOSED COMMERCIAL VEHICLE PARKING ON EUCALYPTUS

Report to City Council

ID#6546 Page 1
TO:

FROM: Steve Quintanilla, Interim City Attorney

AGENDA DATE: February 20, 2024

TITLE: COMPANION ORDINANCE AND RESOLUTION
CHANGING THE SCOPE OF THE MAYOR’S AND
COUNCIL MEMBERS’ ROLES, DUTIES AND

RESPONSIBILITIES

RECOMMENDED ACTION

RECOMMENDED ACTION

That the City Council:

1. Introduce and subsequently adopt the Ordinance [next in order] approving changes to the Mayor’s Role, Duties and Responsibilities; and

2. Adopt the companion Resolution [next in order] approving changes to the various policies affecting the role, duties and responsibilities of the City Council, which includes the Mayor, and the administration of certain City activities and business matters.

SUMMARY/BACKGROUND

At the February 6, 2024, City Council meeting, the City Council voted (5 -0) to direct the City Attorney to prepare certain changes to certain policies applicable to the Mayor and/or City Council. The changes include the following:

1) Require three affirmative votes to have any item considered in the context of a Study Session;

2) Reiterate the state law that prohibits the use of City resources for personal purposes, including without limitation, the use of family photos, in the appropriate City policies;

K.2
Packet Pg. 340

3) Conduct an annual review of policies affecting the duties and responsibilities of the entire City Council and the administration of certain City activities and business matters;

4) Require the appointment to City committees and regional commissions, committees, boards to occur at same time when the Mayor Pro Tem is annually selected; and

5) Require that Letters of Recommendation or other similar correspondence or documents sent on behalf of the City or City Council be pre -approved by the City Council.

Proposed Changes

1) Requiring Three Votes for Study Session Items

Since the preparation of a Study Session regarding any given item, issue or topic requires a significant investment of staff time and resources, the thought is that requiring at least three affirmative votes to consider a particular item in the context of a Study Session is an indication that there is more than just two Council Members interested in “studying” a particular item, issue or topic. This is similar to the process of adding an item to a future City Council meeting agenda, except that it shall require a formal vote to be taken at a noticed public meeting of the City Council to direct staff to have the subject item be presented to the City Council (and the public) at a future Study Session, but which will require three affirmative votes rather than just the consensus of two Council Members.

Of course, there may not be any discussion or exchange of information amongst the three regarding the merits of the item before or while deciding to place the respective item on a future Study Session agenda. Rather, the sole purpose would be to determine if there is at least three Council Members interested in adding the subject item to a future Study Session agenda. Moreover, since no action may be taken with respect to formally approving a Study Session item during the Study Session, any formal action taken with respect to any item that was discussed, considered, or studied during a Study Session would have to take place in the context of a noticed public meeting of the City Council.

This item will be addressed as amendments to the following City policies:

RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED

FUNCTIONS AND ACTIVITIES

1.1.7. CITY COUNCIL REPORTS AND COMMENTS

The Mayor or any Council member may, during the time for reports and comments by Council members, report on activities in representing the Council or the City on boards, committees, commissions, task forces, and other official K.2
Packet Pg. 341

bodies, before other governmental agencies and at public events. Each Council member may also bring to City Council’s attention any item of new business under this portion of the agenda. Action on any matter of business not listed on the agenda shall be deferred until properly listed on the agenda for a subsequent City Council meeting unless properly added to the agenda due to a need for immediate action pursuant to state law. If two Council members concur that an item should be added to a future agenda, the Council shall give direction to staff as to whether the matter should be placed on the agenda for a regular Council meeting, a study session or a special meeting. However, in order to place an item on a future Study Session agenda, it shall require three affirmative votes taken at a noticed Council meeting.

1.4.1. NOTICE AND AGENDA.

A study session is a meeting of the City Council, provided a quorum is present.

Regular study sessions shall be noticed, agendized and conducted in compliance with state laws governing regular meetings of the City Council and any applicable City policies . Special study sessions may be called in accordance with the procedures for special meetings of the City Council and shall be noticed, agendized and conducted in accordance with state law governing special meetings of the City Council and any applicable City policies.

3.3.2. MATTERS REQUIRING THREE VOTES.

The following matters, however, require three affirmative votes: (a) adoption of ordinances; (b) resolutions granting franchises, (c) resolutions amending the general plan; and (d) orders or appropriations for payment or expenditure of money, and placement of any item within the subject matter jurisdiction of the City Council on a future Study Session agenda.

2) Prohibiting Personal Use of Public Resources

While current law prohibits the use of public resources for personal use or private purposes, staff was directed to have the applicable City policies amended to explicitly state or reiterate this prohibition, and to specifically provide some examples of prohibited uses such as the prohibition against having family photos appear on any City stationary, or other documents paid for by the City or prepared by City staff. This issue will be addressed as amendments to the following policies.

LEGISLATIVE POLICY #1.03

STAFF ASSISTANCE PROVIDED TO CITY COUNCIL

I. Council Staff and City Resources: City Council, through the annual budget, allocates staff and other resources to support directly its legislative and intergovernmental activities. The City Manager, after consultation of each K.2
Packet Pg. 342

potential employee's qualifications with the City Council and City Clerk, shall be responsible for appointing such employees. Such employees shall provide staff support in accordance with this policy. The City Clerk is the designated Department Head, and shall supervise employees assigned to support the Council. Council staff and City resources shall not be used for personal business, or private purposes such as but not limited to political campaign activities.

Prohibited private purposes include without limitation the use of City staff or City resources to produce, publish, assemble or distribute personal photos of friends or family members, invitations or announcements of personal celebrations, ceremonies and other such events, or other such personal matters.

II. Council Staff Assistance : In order to effectively discharge responsibilities of elected officials, the Mayor and Councilmembers are entitled to receive clerical/secretarial services from staff who are assigned to provide such support to City Council. The support provided is specified as follows:

A. Preparation of correspondence relating to official City business within the resource constraints of the adopted budget. Each Councilmember is to be given equal consideration. Correspondence in support of a Councilmember's pursuit of a political office, or in support of someone else's pursuit of a political office, or for personal business or private purposes as described in this policy shall is not to be prepared using City clerical/secretarial services or other City resources.

If the It is Council's determination that it is the Mayor's assigned assigns the responsibility to the Mayor to correspond with persons or organizations when it is appropriate to represent adopted Council policy and/or coordinate Council's response , including without limitation letters of commendation or letters of recommendation, such Such correspondence shall receive high priority for timely preparation and distribution.

B. Assistance shall be provided to Councilmembers in arranging for business meetings, except for meetings related to political campaigns or other personal business or private purposes as described in this policy .

Normal scheduling methods shall be used.

C. Assistance shall be provided to Councilmembers in obtaining information and copies of records, to the extent limited by City Ordinance 2.08.070 Relations with Council. The Ordinance states:

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, K.2
Packet Pg. 343

directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any Councilmember.

3) Annual Review of Policies

Staff was directed to amend the applicable City policies to require that the City Council conduct an annual review of all City policies. This will allow the City Council to make revisions to various City policies based on any new laws in effect and the previous years’ experience with administering and/or applying certain City policies.

This item will be addressed as an amendment to the Municipal Code as follows:

MORENO VALLEY MUNICIPAL CODE
§ 2.04.040 ADOPTION OF POLICIES AND PROCEDURES.

The city council shall, by resolution, adopt policies and rules of procedures related to govern the conduct of its meetings, any of its and other functions and activities related to the administration of certain City activities and business matters, determined to be necessary by the city council , and regulations pertaining thereto which shall be reviewed on an annual basis unless otherwise scheduled by the city council

4) Annual Appointments

Staff was directed to include a provision in the applicable City policies that mandates that annual appointments to regional commissions, committees and boards take place at the same time the annual appointment of the Mayor Pro Tem takes place.

Currently, the appointment of the Mayor Pro Tem takes place at the first regular meeting in December, or as soon as reasonably feasible following the certification of election results by the Election Official.

This item will be addressed as an amendment to the following Rules of Procedure.

RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED

FUNCTIONS AND ACTIVITIES

9. STANDING COMMITTEES

9.1. FINANCE COMMITTEE

There shall be a standing committee of the City Council known as the finance committee, whose duties shall be those as prescribed in the City of Moreno Valley Municipal Code, or as otherwise assigned by the City Council. The committee shall consist of two (2) Council members appointed by the Mayor and confirmed by the City Council.

K.2
Packet Pg. 344

9.2. PUBLIC SAFETY COMMITTEE

There shall be a standing committee of the City Council known as the public safety committee. The committee shall consist of two (2) members who shall be Council members appointed by the Mayor and confirmed by the City Council. The public safety committee shall study matters relating to law enforcement, fire services, traffic safety, animal control, and related matters referred to it by the City Council, and shall make recommendations to the City Council.

9.3 ECONOMIC DEVELOPMENT COMMITTEE

There shall be a standing committee of the City Council known as the economic development committee. The committee shall consist of two (2) members who shall be Council members appointed by the Mayor and confirmed by the City Council. The economic
development committee shall study matters relating to economic development and related matters referred to it by the City Council, and shall make recommendations to the City Council.

9.4 PARKS & COMMUNITY SERVICES COMMITTEE

There shall be a standing committee of the City Council known as the parks & community services committee. The committee shall consist of two (2) members who shall be Council members appointed by the Mayor and confirmed by the City Council. The parks & community services committee shall study matters relating to parks, recreations and other community services and other related matters referred to it by the City Council, and shall make recommendations to the City Council.

9.53. OTHER COMMITTEES

The City Council may by resolution create other standing committees and by motion or resolution may appoint ad hoc committees for particular temporary purposes.

9.6 Annual Appointments.

Pursuant to state law, the Mayor shall annually nominate, at the same time the mayor pro tem is selected, appointments to all standing committees, created by the City Council, subject to the approval of a majority of the City Council at a noticed public meeting of the City Council.

10. REGIONAL COMMISSIONS, COMMITTEES AND BOARDS
K.2
Packet Pg. 345

10.1 Regional Agencies.

The City is a member of the following agencies which require the appointment of members of the City Council and/or other City officials to their respective legislative bodies consisting of commissions, committees or boards.

a) March Joint Powers Commission (JPC)
b) Riverside County Habitat Conservation Agency Board of Directors (RCHCA)
c) Riverside County Transportation Commission (RCTC)
d) Riverside Transit Agency Board of Directors (RTA)
e) Western Riverside Council of Governments Executive
Committee (WRCOG)
f) Western Riverside County Regional Conservation Authority Board of Directors (RCA)
g) School District/City Joint Task Force

10.2 Annual Appointments.

Pursuant to state law, the Mayor shall annually nominate, at the same time the mayor pro tem is selected, appointments to all regional commissions, committees and boards consistent with the respective regional agency’s rules, procedures or bylaws, subject to the approval of a majority of the City Council at a noticed public meeting of the City Council.

5) Letters of Recommendation

Staff was directed to include a provision in the applicable City policies that requires that prior to preparing and dispatching any Letters of Recommendation and similar documents on behalf of the City or City Council be pre -approved by the City Council similar to how Letters of Commendation are approved under the City’s current policies. As such, this item will be addressed through amendments to the following policy.

LEGISLATIVE POLICY #1.04

CITY COUNCIL RECOGNITION POLICY

PURPOSE: Guidelines and standards regarding the presentation of plaques, proclamations and letters of commendation at City Council meetings.

POLICY:

I. CRITERIA FOR RECOGNITION:

K.2
Packet Pg. 346

f. Letters of Recommendation must meet the following criteria:

1) Letters of Recommendation to be prepared and
dispatched on behalf of the City or City Council shall not be prepared by staff or through the use of City resources or sent on City letterhead or stationery containing the City’s seal/logo or any other official insignia of the City, unless approved in advance by a majority of the City Council at a noticed public meeting of the City Council.

In addition to the above, it is recommended that there also be an amendment to the Municipal Code to ensure consistency between the Mayor’s Role, Duties and Responsibilities as set forth in the Municipal Code and corresponding City policies, including without limitation, the above policies as amended.

MORENO VALLEY MUNICIPAL CODE
§ 2.04.007 MAYOR'S ROLE, DUTIES AND RESPONSIBILITIES.

The mayor's role, duties and responsibilities shall include the following:

1. Serving as chairperson on the city's disaster council.

2. Serving as ambassador of the city for state and national agencies.

3. Welcoming visiting dignitaries to the city.

4. Receiving all correspondence, telephone calls, emails or other forms of communications directed to the city's chief elected official or mayor, with copies or content of such communications simultaneously provided or conveyed to each councilmember whose district is affected, impacted or referenced in the subject communication, so that said councilmember(s) are afforded the opportunity to respond accordingly to any requested actions in lieu of the mayor.

5. Presiding over all press conferences on behalf of the city regarding issues affecting the entire city, unless otherwise designated by the mayor at any given time. This shall not preclude individual councilmembers from presiding over press conferences regarding issues affecting their districts, even though the issues may affect other districts as well.

6. Making public appearances on behalf of the entire city at special events, which shall not preclude councilmembers from also making appearances at the same special event if the event takes place in their district outside of any of the Civic Center facilities or the event involves volunteers or participants from their districts.

K.2
Packet Pg. 347

7. Representing the city on matters of general concern to the city via the broadcast media, while permitting councilmembers to engage with the broadcast media to represent their districts on any matters affecting their districts.

8. Approving the issuance of city proclamations and signing all proclamations that have received confirmation of support by at least two councilmembers.

9. Approving the issuance of plaques and signing them if necessary and feasible if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

10. Approving and signing all letters of commendation and letters of recommendation if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

11. Signing all resolutions and ordinances.

12. Signing contracts unless otherwise provided by city policy.

13. Signing all city instruments requiring the city seal.

14. Signing all warrants drawn on the city treasurer unless otherwise provided by city policy.

15. Approving monetary rewards if recommended by a majority of the city council at a noticed public meeting of the city council.

16. Approving recipients eligible to receive a "key to the city," if recommended by a majority of the city council at a noticed public meeting of the city council.

17. Approving recipients eligible to receive an "award of valor," if recommended by a majority of the city council at a noticed public meeting of the city council.

18. Presenting all proclamations, plaques, letters of commendation, letters of recommendation, keys to the city and awards of valor unless the particular proclamation, plaque, letter of commendation, letter of recommendation, key to the city or award of valor is being presented to an individual who resides or a business that is physically located in a particular district and the council member of the respective district requests to make the presentation.

19. Coordinating the performance evaluation process regarding the city manager, city attorney and city clerk.

20. Designating a sufficient number of police officers to attend and keep order at any public meeting, if in the mayor's opinion, a breach of the peace may occur.

21. Requiring the sergeant-at-arms to carry out all orders given by the mayor for the purpose of maintaining order and decorum at any public meeting, consistent with applicable law.

K.2
Packet Pg. 348

22. Providing a warning to anyone who is causing actual disruption to the meeting, and ordering their removal as authorized by Government Code Section 54957.95.

23. Serving as presiding officer at all meetings of the city council and other legislative bodies solely consisting of members of the city council.

24. Calling special meetings of the city council.

25. Nominating all members of city commissions, boards and committees based on recommendations submitted by each district councilmember to ensure that there is representation on each city commission, board and committee from each district, subject to approval of a majority vote of the entire membership of the city council. The mayor is authorized to nominate any additional members to any city commission, board or committee that already has a representative from each district who was recommended by the respective district councilmember, provided that such additional members do not result in disproportionate representation by any given district on the respective commission, board or committee.

26. Nominating alternate members to commissions and boards subject to approval by majority of the city council provided that such alternates do not result in disproportionate representation by any given district on the respective commission, board or committee

27. Making emergency appointments, subject to ratification by the city council at a subsequent special meeting or a regular meeting of the city council provided that such emergency appointments do not result in disproportionate representation by any given district on the respective commission, board or committee

28. Nominating persons to fill special vacancies, subject to approval by the city council at a special meeting or a regular meeting of the city council provided that any special vacancy appointments do not result in disproportionate representation by any given district on the respective commission, board or committee.

29. Establishing city council subcommittees and standing committees and appointing on an annual basis, at the same time the annual selection of the mayor pro tem occurs, all members to city council subcommittees, standing committees and regional commissions, committees and boards, pursuant to all applicable policies, subject to approval by the city council at a special meeting or a regular meeting of the city council.

30. The mayor or a councilmember may place items on any agenda in the context of a noticed public meeting of the city council with the support of one other councilmember. If an item is placed on an agenda by the mayor or K.2
Packet Pg. 349

councilmember pursuant to this provision or by the city manager, city attorney or city clerk, it shall remain on the agenda and not be subject to unilateral removal by the mayor or any councilmember.

31. The mayor shall perform the role, duties and responsibilities as set forth in this section consistent with any corresponding City policies, as may be amended from time to time by the City Council.

ALTERNATIVES

The City Council has the following alternatives:

1. Approve the proposed changes to the Mayor’s Role, Duties and Responsibilities and the various policies affecting the role, duties and responsibilities of the City Council; or

2. Do not approve the proposed changes to the Mayor’s Role, Duties and Responsibilities and the various policies affecting the role, duties and responsibilities of the City Council

FISCAL IMPACT

There is no fiscal impact.

NOTIFICATION

Indicate any outreach efforts made to elicit comments from parties with interest in the issue. Review comments that may have been made. Also, identify to whom copies of the report were sent so they could be informed about the agenda item.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Steve B. Quintanilla Steve B. Quintanilla
City Attorney City Attorney

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life K.2
Packet Pg. 350

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. Ordinance - Mayors Duties and Annual Review of Policies (02.15.2024) FINAL SBQ

2. City Council Policies - Resolution (02.15.2024) (FINAL) SBQ

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/24 3:27 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/24 3:32 PM K.2
Packet Pg. 351
1 Ordinance No. 2024-xx
Date Adopted: _______ __, 2024
ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, AMENDING SECTION 2.04.007 (MAYOR’S
ROLE, DUTIES AND RESPONSIBILITIES) AND SECTION 2.04.040 (ADOPTION OF PROCEDURES) OF CHAPTER 2.04 (COUNCIL) OF
TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE MORENO

VALLEY MUNICIPAL CODE

WHEREAS, the City of Moreno Valley (“City”) is a General Law city organized pursuant to Article XI of the California Constitution; and

WHEREAS, the City of Moreno Valley is governed by a legislative body known as the City Council, which consists of the Mayor and four District Councilmembers; and

WHEREAS, the Mayor is elected on a City -wide basis by the registered voters throughout the City, whereas the four District Councilmembers are each elected to represent a defined geographic area of the City known as a “District,” by the registered voters (residents) residing within the respective District; and

WHEREAS, the Districts are essentially neighborhood -based election districts, where registered voters (residents) within a given District are afforded a better opportunity to meet and have access to their District -elected Councilmembers in person, which means tha t District Councilmembers, as elected in the City of Moreno Valley, are specifically elected to primarily represent the interests of their Districts; and

WHEREAS, to balance the nature of such a District -based governing system in the City of Moreno Valley, the Mayor who is elected by the registered voters (residents) throughout the City (regardless of the District they reside in) is intended to ensure that there will always remain a jurisdiction -wide (a.k.a. “City-wide”) perspective on all issues presented to the City Council; and

WHEREAS, under State law, the Mayor serves as a member of the City Council and has all the powers and duties of a member of the City Council; and

WHEREAS, the Mayor’s official role, duties and responsibilities have been codified by ordinance in the Moreno Valley Municipal Code; and

WHEREAS, the City Council has approved various changers to certain City policies that apply to the entire City Council which includes the Mayor; and

WHEREAS, to maintain consistency between the Mayor’s official role, duties and responsibilities as set forth in the Moreno Valley Municipal Code and the various City policies that apply to the entire City Council which includes the Mayor, it has been recommended that the Municipal Code be amended to require the Mayor to perform K.2.a
Packet Pg. 352
Attachment: Ordinance - Mayors Duties and Annual Review of Policies (02.15.2024) FINAL SBQ (6546 : COMPANION ORDINANCE AND 2 Ordinance No. 2024-xx
Date Adopted: _______ __, 2024
his/her role as Mayor and exercise the Mayor’s duties and responsibilities consistent with any corresponding City policies; and

WHEREAS, it is necessary to also amend the Municipal Code to require that the City’s policies be amended on an annual basis as directed by the City Council.

THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals

That the above recitals are true and correct and are incorporated herein by this reference.

Section 2. Amendment to Section 2.04.007 Mayor’s Role, Duties and Responsibilities

That Section 2.04.007 (Mayor’s Role, Duties and Responsibilities) of Chapter 2.04 (Council) of Title 2 (Administration and Personnel) of the Moreno Valley Municipal Code shall be amended as follows:

2.04.007 Mayor’s role, duties and responsibilities.

The mayor's role, duties and responsibilities shall include the following:

1. Serving as chairperson on the city's disaster council.

2. Serving as ambassador of the city for state and national agencies.

3. Welcoming visiting dignitaries to the city.

4. Receiving all correspondence, telephone calls, emails or other forms of communications directed to the city's chief elected official or mayor, with copies or content of such communications simultaneously provided or conveyed to each councilmember whose dis trict is affected, impacted or referenced in the subject communication, so that said councilmember(s) are afforded the opportunity to respond accordingly to any requested actions in lieu of the mayor.

5. Presiding over all press conferences on behalf of the city regarding issues affecting the entire city, unless otherwise designated by the mayor at any given time. This shall not preclude individual councilmembers from presiding over press conferences regar ding issues affecting their districts, even though the issues may affect other districts as well.

6. Making public appearances on behalf of the entire city at special events, which shall not preclude councilmembers from also making appearances at K.2.a
Packet Pg. 353
Attachment: Ordinance - Mayors Duties and Annual Review of Policies (02.15.2024) FINAL SBQ (6546 : COMPANION ORDINANCE AND 3 Ordinance No. 2024-xx
Date Adopted: _______ __, 2024
the same special event if the event takes place in their district outside of any of the Civic Center facilities or the event involves volunteers or participants from their districts.

7. Representing the city on matters of general concern to the city via the broadcast media, while permitting councilmembers to engage with the broadcast media to represent their districts on any matters affecting their districts.

8. Approving the issuance of city proclamations and signing all proclamations that have received confirmation of support by at least two councilmembers.

9. Approving the issuance of plaques and signing them if necessary and feasible if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

10. Approving and signing all letters of commendation and letters of recommendation if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

11. Signing all resolutions and ordinances.

12. Signing contracts unless otherwise provided by city policy.

13. Signing all city instruments requiring the city seal.

14. Signing all warrants drawn on the city treasurer unless otherwise provided by city policy.

15. Approving monetary rewards if recommended by a majority of the city council at a noticed public meeting of the city council.

16. Approving recipients eligible to receive a "key to the city," if recommended by a majority of the city council at a noticed public meeting of the city council.

17. Approving recipients eligible to receive an "award of valor," if recommended by a majority of the city council at a noticed public meeting of the city council.

18. Presenting all proclamations, plaques, letters of commendation, letters of recommendation, keys to the city and awards of valor unless the particular proclamation, plaque, letter of commendation, letter of recommendation, key to the city or award of valor is being presented to an individual who resides or a business that is physically located in a particular district and the council member of the respective district requests to make the presentation.

19. Coordinating the performance evaluation process regarding the city manager, city attorney and city clerk.

20. Designating a sufficient number of police officers to attend and keep order at any public meeting, if in the mayor's opinion, a breach of the peace may occur.

K.2.a
Packet Pg. 354
Attachment: Ordinance - Mayors Duties and Annual Review of Policies (02.15.2024) FINAL SBQ (6546 : COMPANION ORDINANCE AND 4 Ordinance No. 2024-xx
Date Adopted: _______ __, 2024

21. Requiring the sergeant -at-arms to carry out all orders given by the mayor for the purpose of maintaining order and decorum at any public meeting, consistent with applicable law.

22. Providing a warning to anyone who is causing actual disruption to the meeting, and ordering their removal as authorized by Government Code Section 54957.95.

23. Serving as presiding officer at all meetings of the city council and other legislative bodies solely consisting of members of the city council.

24. Calling special meetings of the city council.

25. Nominating all members of city commissions, boards and committees based on recommendations submitted by each district councilmember to ensure that there is representation on each city commission, board and committee from each district, subject to approval of a majority vote of the entire membership of the city council. The mayor is authorized to nominate any additional members to any city commission, board or committee that already has a representative from each district who was recommended by the respectiv e district councilmember, provided that such additional members do not result in disproportionate representation by any given district on the respective commission, board or committee.

26. Nominating alternate members to commissions and boards subject to approval by majority of the city council provided that such alternates do not result in disproportionate representation by any given district on the respective commission, board or committee

27. Making emergency appointments, subject to ratification by the city council at a subsequent special meeting or a regular meeting of the city council provided that such emergency appointments do not result in disproportionate representation by any given dist rict on the respective commission, board or committee

28. Nominating persons to fill special vacancies, subject to approval by the city council at a special meeting or a regular meeting of the city council provided that any special vacancy appointments do not result in disproportionate representation by any given district on the respective commission, board or committee.

29. Establishing city council subcommittees and standing committees and appointing on an annual basis, at the same time the annual selection of the mayor pro tem occurs, all members to city council subcommittees, standing committees and regional commissions, committees and boards, pursuant to all applicable policies, subject to approval by the city council at a special meeting or a regular meeting of the city council.

K.2.a
Packet Pg. 355
Attachment: Ordinance - Mayors Duties and Annual Review of Policies (02.15.2024) FINAL SBQ (6546 : COMPANION ORDINANCE AND 5 Ordinance No. 2024-xx
Date Adopted: _______ __, 2024

30. The mayor or a councilmember may place items on any agenda in the context of a noticed public meeting of the city council with the support of one other councilmember. If an item is placed on an agenda by the mayor or councilmember pursuant to this provision or by the city manager, city attorney or city cler k, it shall remain on the agenda and not be subject to unilateral removal by the mayor or any councilmember.

31. The mayor shall perform the role, duties and responsibilities as set forth in this section consistent with any corresponding City policies, as may be amended from time to time by the City Council.

Section 3. Amendment to Section 2.04.040 Adoption of
Procedures.

That Section 2.04.040 (Adoption of Procedures) of Chapter 2.04 (Council) of Title 2 (Administration and Personnel) of the Moreno Valley Municipal Code shall be amended as follows:

Section 2.04.040 Adoption of Policies and Procedures.

The city council shall, by resolution, adopt policies and rules of procedures related to govern the conduct of its meetings, any of its and other functions and activities related to the administration of certain City activities and business matters, determined to be necessary by the city council , and regulations pertaining thereto which shall be reviewed on an annual basis unless otherwise scheduled by the city council

Section 4. Severability

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

Section 5. Repeal of Conflicting Provisions

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance, are hereby repealed.

Section 6. Effective Date

That this Ordinance shall take effect thirty (30) days after its second reading.

K.2.a
Packet Pg. 356
Attachment: Ordinance - Mayors Duties and Annual Review of Policies (02.15.2024) FINAL SBQ (6546 : COMPANION ORDINANCE AND 6 Ordinance No. 2024-xx
Date Adopted: _______ __, 2024

Section 7. Certification

That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted.

APPROVED AND ADOPTED this ____ day of ______________ 2024.

_______________________________
Ulises Cabrera
Mayor
City of Moreno Valley

ATTEST:

____________________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:

____________________________________
Steven B. Quintanilla, Interim City Attorney
K.2.a
Packet Pg. 357
Attachment: Ordinance - Mayors Duties and Annual Review of Policies (02.15.2024) FINAL SBQ (6546 : COMPANION ORDINANCE AND 1 RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY REVISING VARIOUS CITY POLICIES AFFECTING THE

ROLE, DUTIES AND RESPONSIBILITIES OF THE CITY COUNCIL

WHICH INCLUDES THE MAYOR , AND THE ADMINISTRATION OF

CERTAIN CITY ACTIVITIES AND BUSINESS MATTERS

WHEREAS, the City of Moreno Valley (“City”) is a General Law city organized pursuant to Article XI of the California Constitution; and

WHEREAS, the City of Moreno Valley is governed by a legislative b ody known as the City Council, which consists of the Mayor and four District Councilmembers; and

WHEREAS, at the February 6, 2024, City Council me eting, the City Council voted to direct the City Atto rney to prepare certain c hanges to certain policies applicable to the Mayor and/or City Council; and

WHEREAS, the changes include the following: 1) Require t hree affirmative votes to have any item considered in the context of a Study Session; 2) Reiterate the state law that prohibits the use of City resources for personal purposes, including without limitation, the use of family photos, in the appropriate City policy; 3) Conduct an annual review of policies affecting the duties and responsibilities of the entire City Council and the administration or certain City activities and business mattes; 4) Require t he appointment to City committees and regional commissions, committees, boards to occur at same time when the Mayor Pro Tem is annually selected; and 5) Require that Letters of Recommendation or other similar correspondence or documents sent on behalf of the City or City Council be pre-approved by the City Council.

NOW, THEREFORE, THE CIT Y COUNCIL OF THE CITY OF MORENO VALLEY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above are true and correct.

Section 2. Amendments.

That the City Council hereby amends the following City polices as follows:

RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED

FUNCTIONS AND ACTIVITIES

1.1.7. CITY COUNCIL REPORTS AND COMMENTS

K.2.b
Packet Pg. 358
Attachment: City Council Policies - Resolution (02.15.2024) (FINAL) SBQ (6546 : COMPANION ORDINANCE AND RESOLUTION CHANGING THE 2 The Mayor or any Council member may, during the time for reports and comments by Council members, report on activities in representing the Council or the City on boards, committees, commissions, task forces, and other official bodies, before other governmental agencies and at public events. Each Council member may al so bring to City Council’s attention any item of new business under this portion of the agenda. Action on any matter of business not listed on the agenda shall be deferre d until properly listed on the agenda for a subsequent City Council meeting unless properly added to the agenda due to a need for immediate action pursuant to sta te law. If two Council members concur that an item should be added to a future agenda, the Cou ncil shall give direction to staff as to whether the matter should be placed on the ag enda for a regular Council meeting, a study session or a special meeting. However, in order to place an item on a future St udy Session agenda, it shall require three affirmative votes taken at a noticed Council meeting.

1.4.1. NOTICE AND AGENDA.

A study session is a meeting of the City Council, provided a quorum is present.

Regular study sessions shall be noticed, agendized and conducted in compliance with state laws g overning regular meetings of the City Counci l and any applicable City policies . Special study sessions may be called in accordance with the procedures for special meetings of the City Council and shall be noticed, agendized and conducted in accordance with state law governing special meetings of the City Council and any applicable City policies.

3.3.2. MATTERS REQUIRING THREE VOTES.

The following matters, howeve r, require three affirmative votes: (a) adoption of ordinances; (b) resolutions granting franc hises, (c) resolutions amending the general plan; and (d) orders or appropriations for payment or expenditure of money, and placement of any item wi thing the subject matter jurisdiction of the City Council on a future Study Session agenda.

LEGISLATIVE POLICY #1.03

STAFF ASSISTANCE PROVIDED TO CITY COUNCIL

I. Council Staff and City Resources: City Council, through the annual budget, allocates staff and other resources to support directly its legislative and intergovernmental activities. The City Manager , after consultation of each potential employee's qualifications with the City Council and City Clerk, shall be responsible for appointing such employees. Such employees shall provide staff support i n accordance with this policy. The City Clerk is the desi gnated Department Head, and shall supervise employees as signed to support t he Council. Council staff and City resources shall not be used for personal business, or private purposes such as but not limited to political campaign activities. Prohibited private purposes include without limitation the use of City staff or City resources to pro duce, p ublish, assemble or distribute K.2.b
Packet Pg. 359
Attachment: City Council Policies - Resolution (02.15.2024) (FINAL) SBQ (6546 : COMPANION ORDINANCE AND RESOLUTION CHANGING THE 3 personal photos of fr iends or family members, invitations or announcements of personal celebrations, ceremonies and ot her such events, or other such personal matters.

II. Council Staff Assistance: In order to effectively discharge responsibilities of elected officials, the Mayor and Councilmembers are entitled to receive clerical/secretarial services from staff who are assigned to provide such support to City Council. The support provided is specified as follows:

A. Preparation of correspondence relating to official City business within the resource constraints of the adopted budget . Each Councilmember is to be given equal consideration. Correspondence in support of a Coun cilmember's pursuit of a political office, or in support of someone else's pursuit of a political office, or for personal business or private purposes as described in this policy shall is not to be prepared using Ci ty clerical/secretarial services or other City resources.

If the It is Council's determination that it is the Mayor's assigned assigns the responsibility to the Mayor to correspond with persons or organizations when it is appropriate to represent adopted Council policy and/or coordinate Council's response , including without limitation letters of commendation or letters of re commendation, such Such correspondence shall receive high priority for timely preparation and distribution.

B. Assistance shall be provided to Councilmembers in arranging for business meetings, except for meetings related to political campaigns or other personal business or private purposes as described in this policy .

Normal scheduling methods shall be used.

C. Assistance shall be provided to Councilmembers in obtaining information and copies of records , to the extent limited by City Ordinance 2.08.070 Relations with Council. The Ordinance states:

The City Council and its members shall deal with the admini strative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any Councilmember.

RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED

FUNCTIONS AND ACTIVITIES

9. STANDING COMMITTEES

9.1. FINANCE COMMITTEE
K.2.b
Packet Pg. 360
Attachment: City Council Policies - Resolution (02.15.2024) (FINAL) SBQ (6546 : COMPANION ORDINANCE AND RESOLUTION CHANGING THE 4 There shall be a standing committee of the City Council known as the finance committee, whose duties shall be those as prescribed in the City of Moreno Valley Municipal Code, or as otherwise assigned by the City Council. The committee shall consist of two (2) Council members appointed by the Mayor and confirmed by the City Council.

9.2. PUBLIC SAFETY COMMITTEE

There shall be a standing committee of the City Council known as the public safety committee. The committee shall consist of two (2) members who shall be Council members appointed by the Mayor and confirmed by the City Council. The public safety committee shall study matters relating to law enforcement, fire services, traffic safety, animal control, and related matters referred to it by the City Council, and shall make recommendations to the City Council.

9.3 ECONOMIC DEVELOPMENT COMMITTEE

There shall be a standing com mittee of the City Council known as the economic development committee. The committee sh all consist of two (2) members who shall be Co uncil members appointed by the Mayor and confirmed by the City Council. The economic
development committee shall study matters relating to economic development and related matters referred to it by the City Cou ncil, and shall make recommendations to the City Council.

9.4 PARKS & COMMUNITY SERVICES COMMITTEE

There shall be a standing committee of the City Council known as the parks & community services committee. The committee shall consist of two (2) members w ho shall be Council members appointed by the Mayor and confirmed by the City Council. The parks & community services committee shall study matters relating to parks, recreations and other community services and other related matters referred to it by the C ity Council, and shall make recommendations to the City Council.

9.53. OTHER COMMITTEES

The City Council may by resolution create other standing committees and by m otion or resolution may appoint ad hoc committees for particular temporary purposes.

9.62 Annual Appointments.

Pursuant to state law, the Mayor shall annually nominate at the same time the mayor pro tem is selected, appointments to all standing committees, created by the City Council, subject to the K.2.b
Packet Pg. 361
Attachment: City Council Policies - Resolution (02.15.2024) (FINAL) SBQ (6546 : COMPANION ORDINANCE AND RESOLUTION CHANGING THE 5 approval of a maj ority of the City Council at a noticed public meeting of the City Council.

10. Regional Commissions, Committees and Boards

10.1 Regional Agencies.

The City is a member of the foll owing agencies which require the appointment of members of the City Council and /or other City offic ials to their respective legislative bodies consi sting of commissions, committees or boards.

a) March Joint Powers Commission (JPC)
b) Riverside County Habitat Conservation Agency Board of Directors (RCHCA)
c) Riverside County Transportation Commission (RCTC)
d) Riverside Transit Agency Board of Directors (RTA)
e) Western Riverside Council of Governments Executive
Committee (WRCOG)
f) Western Riverside County Regional Conservation Autho rity Board of Directors (RCA)
g) School District/City Joint Task Force

10.2 Annual Appointments.

Pursuant to state law, the Mayor shall annually nominate, at the same time the mayor pro tem is selected, appointments to all regi onal commissions, committees and b oards consistent with the respective regional agency’s rules, procedures or bylaws , subject to the approval of a majority of the City Council at a noticed public meeting of the City Council.

LEGISLATIVE POLICY #1.04

CITY COUNCIL RECOGNITION POLICY

PURPOSE: Guidelines and standards regarding the presentation of plaques, proclamations and letters of commendation at City Council meetings.

POLICY:

I. CRITERIA FOR RECOGNITION:

f. Letters of Recommendation must meet the following criteria:

1) Letters of Recommendation to be prepared and
dispatched on behalf of the City or Ci ty Council shall not be prepared by staff or through the use of City resources or sent on K.2.b
Packet Pg. 362
Attachment: City Council Policies - Resolution (02.15.2024) (FINAL) SBQ (6546 : COMPANION ORDINANCE AND RESOLUTION CHANGING THE 6 City letterhead or stationery containing the City’s seal/logo or any other official insignia of the City , unless approved in advance by a majority of the City Council at a noticed publ ic meeting of the City Council.

Section 3. Severability

That the City Council declares that, should any provi sion, section, paragraph, sentence or word of this Resolution be rendered or declared i nvalid by any final court action in a court of competen t jurisdiction or by reason of any preemptive leg islation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 4. Effective Date

That this Resolution shall take effect immediately upon the date of adoption.

Section 5. Certification.

That the City Clerk shall certify to the passage of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this ____ day of __________ 2024.

CITY OF MORENO VALLEY

_________________________________
Ulisis Cabrera, Mayor

ATTEST:

____________________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:

____________________________________
Steven B. Quintanilla, City Attorney

K.2.b
Packet Pg. 363
Attachment: City Council Policies - Resolution (02.15.2024) (FINAL) SBQ (6546 : COMPANION ORDINANCE AND RESOLUTION CHANGING THE

Report to City Council

ID#6555 Page 1
TO: Mayor and City Council

FROM: Jane Halstead, CMC, City Clerk

AGENDA DATE: February 20, 2024

TITLE: CITY CLERK’S ANNUAL SALARY ADJUSTMENT

RECOMMENDED ACTION
Recommendation:

1. That the City Council approve a 5 percent increase to the City Clerk’s annual salary, commencing July 1, 2023 as offered by the City Council and accepted by the City Clerk.

SUMMARY

The City Council directed the City Attorney as the City Council’s designated Labor Negotiator (on this item only) to offer the City Clerk a 5 percent increase to the City Clerk’s annual salary, commencing July 1, 2023, with all current benefits remaining the same. The City Attorney extended the offer to the City Clerk, which she accepted.

However, State law requires that prior to approving an adjustment in salary and benefits of an executive employee, the proposed adjustment must be placed on a City Council agenda as an open session item for formal approval. In addition, prior to voting on the proposed adjustment, it must be publicly announced at the meeting what changes are being proposed. Specifically, California Government Code Section 54953 (c)(3) states in part that “[p]rior to taking final action, the legislative body [city council] shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive . . . .” Under state law, a “local agency executive” is defined as a person who is the head of a department of a local agency or a person whose position within the local agency is held by an employment contract between the local agency and that person. The City Clerk falls under the definition of a “local agency executive” since she is the head of the City Clerk’s Department and she is employed with the City under an Employment Agreement with the City of Moreno Valley. (See attached City Clerk Employment Agreement.)
K.3
Packet Pg. 364

In light of the foregoing, before a vote is taken on the item, the City Attorney should be directed to announce the details of the offer.

ALTERNATIVES

The City Council has the following alternatives:

1. Approve the 5 percent increase in the City Clerk’s annual salary as offered by the City Council and accepted by the City Clerk, which is recommended by the City Attorney; or

2. Withdraw the offer of a 5 percent increase in the City Clerk’s annual salary even though it was offered by the City Council and accepted by the City Clerk, which is not recommended by the City Attorney.

FISCAL IMPACT

If the 5 percent increase is approved, the fiscal impact will be that the City Clerk will be earning approximately $7,350 more a year.

NOTIFICATION

This staff report was made available for public review and inspection and posted on the City’s website at least 72 hours prior to the February 20, 2024, Regular City Council meeting.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Steve B. Quintanilla, City Attorney Steve B. Quintanilla, City Attorney

CITY COUNCIL GOALS
None

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

K.3
Packet Pg. 365

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

1. Jane Halstead (2022-74)

APPROVALS

Budget Officer Approval ✓ Approved . 2/13/24 5:33 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/13/24 5:34 PM K.3
Packet Pg. 366
2022-74

EMPLOYMENT AGREEMENT
This Employment Agreement ( hereafter referred to herein as " Agreement") is made and entered into this 21st day of June, 2022, by and between the City of Moreno Valley, California ( hereafter referred to herein as " CITY"), a California municipal corporation and general law city, and Jane Halstead ( hereafter referred to herein as " EMPLOYEE"), an individual, on the following terms and conditions:

RECITALS
A. CITY, by and through the City Council, desires to employ the services of Employee as the Manager of the Office of Mayor and City Council/City Clerk of CITY; and B. EMPLOYEE desires to accept employment as Manager of the Office of Mayor and City Council/City Clerk in consideration of and subject to the terms and conditions set forth in this Agreement.

OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the parties agree as follows:

1. Position and Duties.

1.1 Position. EMPLOYEE accepts employment with CITY as its Manager of the Office of Mayor and City Council/City Clerk and shall perform all functions, duties and services as set forth in this Agreement. EMPLOYEE shall provide services at the direction and under the supervision of the City Council of CITY.

1.2 Duties. The duties of EMPLOYEE shall be as determined by the City Council, generally in conformance with the job description attached hereto and incorporated herein as though set forth in full as Attachment A to this Agreement. EMPLOYEE shall devote her best efforts and full-time attention to the performance of these duties.

1.3 Hours of Work. EMPLOYEE shall devote the time necessary to adequately perform her assigned duties. The work schedule shall be the same as the schedule in place for all other Executive Managers of CITY, provided the schedule of such hours provides adequate availability during normal business hours and for the performance of her duties in conducting CITY business. The position of Manager of the Office of Mayor and City Council/City Clerk shall be deemed an exempt position under applicable wage and hour law. EMPLOYEE hereby acknowledges that she shall not be entitled to any compensation for overtime.

1.4 Professional Activity. The City Council desires EMPLOYEE to be reasonably active in national, statewide, regional and professional organizations that will contribute to her professional development and standing and that will contribute to the advancement of the CITY's interests and standing. Toward that end, EMPLOYEE may, upon advance notice to the City Council, undertake such activities as are directly related to her professional development and that advance the interests and standing of the CITY, provided that such K.3.a
Packet Pg. 367
Attachment: Jane Halstead (2022-74) (6555 : CITY CLERK’S ANNUAL SALARY ADJUSTMENT) activities do not in any way interfere with or adversely affect her employment as Manager of the Office of Mayor and City Council/City Clerk or the performance of her duties as provided herein. CITY agrees to reimburse EMPLOYEE'S reasonable and necessary travel, business and subsistence expenses for her activities as provided for in the City's Administrative Policies.

1.5 Other Activity. In accordance with Government Code Section 1126, during the period of his/her employment, EMPLOYEE shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity ( except as permitted under Section 1.4 [ Professional Activity], regardless of whether for pecuniary advantage, that is or may be competitive with the CITY, that might cause a conflict - of - interest with the CITY, or that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of EMPLOYEE'S duties.

2. Term.

2.1 Term. The term of this Agreement shall commence on July 9, 2022, upon being executed by EMPLOYEE and approved by the City Council. This Agreement shall remain in effect for a period of two ( 2) years or until such time as this Agreement is terminated pursuant to Section 4, below.

2.2 At - Will Employment. EMPLOYEE acknowledges that she is an at - will employee of CITY who shall serve at the pleasure of the City Council at all times during the period of her service under this Agreement. The terms and provisions of CITY's personnel rules, policies, procedures, ordinances and resolutions applicable to at - will employees shall also apply to EMPLOYEE, and she shall be entitled to all benefits and rights afforded to other Executive Management ( as defined in the City's Personnel Rules) of CITY, except to the extent provided by this Agreement, and, in the case of any conflict between this Agreement, and the Personnel Rules, policies, procedures, ordinances and resolution, the terms of this Agreement shall prevail. Notwithstanding the application of the City's Personnel Rules to this Agreement, and without limitation, EMPLOYEE shall have no rights under sections 9, 10, 11 and 12 of the Personnel Rules. Nothing in this Agreement is intended to, or does, confer upon EMPLOYEE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate her employment, except as is expressly provided in Section 4 [ Termination] of this Agreement.

Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY COUNCIL to terminate the services of EMPLOYEE as provided in Section 4 [ Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from this position with CITY, subject only to the provisions set forth in Section 4 [ Termination] of this Agreement. This at - will employment Agreement shall be expressly subject to the rights and obligations of CITY and EMPLOYEE, as set forth in Section 4 [ Termination] herein.

3. Compensation.

3.1 Salary. For all services performed by EMPLOYEE as the Manager of the Office of Mayor and City Council/City Clerk under this Agreement, CITY shall pay EMPLOYEE compensation in accordance with the adopted salary schedule for the position, plus all other K.3.a
Packet Pg. 368
Attachment: Jane Halstead (2022-74) (6555 : CITY CLERK’S ANNUAL SALARY ADJUSTMENT) compensation benefits afforded by CITY to other full time Executive Management employees. EMPLOYEE is not entitled to the cost of living adjustment but shall be entitled to all other salary and benefit adjustments implemented by the CITY as applicable to other full time Executive Management employees, to include City's employee furlough program and eligibility for Merit Increases. The starting annual salary shall be $ 147,000, paid bi- weekly according to the payroll schedule in place for CITY employees. All compensation and leave policies applicable to Executive Management employees as contained in CITY'S Personnel Rules and Regulations shall apply.

3.2 Annual Leave. All compensation and leave policies applicable to Executive Management as contained in the City's Personnel Rules and Regulations, Sections 7 and 14, shall apply. EMPLOYEE shall annually accrue 336 hours of Annual Leave. Annual Leave shall be subject to CITY's Personnel Rules and Regulations as they apply to other Executive Management employees.

3.3 Automobile Allowance. EMPLOYEE shall be entitled to an automobile allowance as compensation for the use of personal automobile(s) for CITY business as provided for in CITY policies. This monthly allowance shall equal the amount provided to other Executive Management employees, and is currently five hundred dollars ($ 500) per month. In addition, EMPLOYEE shall be entitled to excess mileage reimbursement according to adopted CITY policies for any qualifying trip in the course and scope of employment.

4. Termination.

4.1 The City Council may terminate EMPLOYEE'S employment, and this Agreement for cause" at any time upon written notice. " For cause" is defined as any of the following:
i) an act in bad faith and to the detriment of the City; ( ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Council; ( iii) unfitness or unavailability for service that exceeds thirty ( 30) consecutive calendar days and is not the result of any excused illness or medical condition; ( iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City; ( v) habitual neglect of responsibilities, or incompetence; ( vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved ( or entry of a plea of guilty or nolo contendere with respect to any such crime); ( vii) possession of, use of, or working while under the influence of alcoholic beverages or other non - prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; ( viii) engaging in an actual conflict of interest; ( ix) commission of acts of theft, embezzlement, or fraud; ( x) acceptance of bribes or extortion; ( xi) material breach of this Agreement by EMPLOYEE. If this Agreement is terminated by the City Council " for cause," EMPLOYEE'S employment shall be deemed immediately terminated and EMPLOYEE shall surrender all CITY keys, computer passwords, and other CITY property entrusted to EMPLOYEE for the purposes of the discharge of her duties. Upon termination for cause, EMPLOYEE shall have no recourse under this AGREEMENT or any administrative procedure for purposes of challenging the termination action.

4.2 In the event EMPLOYEE is terminated " without cause" or asked to resign during such time that EMPLOYEE is willing and able to perform the Duties under this Agreement, then CITY agrees, upon receipt of a Comprehensive General Release and Settlement Agreement in the standard form signed by EMPLOYEE, to pay EMPLOYEE a lump sum cash payment equal to 6 - months of Salary and Benefits [ Section 3] as severance pay.

K.3.a
Packet Pg. 369
Attachment: Jane Halstead (2022-74) (6555 : CITY CLERK’S ANNUAL SALARY ADJUSTMENT)

4.3 EMPLOYEE shall receive a lump sum payout of any unpaid accruals of Annual Leave and Sick Leave upon termination of employment for any reason pursuant to CITY policies.

4.4 EMPLOYEE shall not be entitled to any increases in Salary or benefits afforded by CITY to other Executive Management employees following the date of termination.

4.5 This Agreement may be terminated by EMPLOYEE at any time upon 45 days written notice to the City Council. If such written notice is given, the City has the option to ask EMPLOYEE to leave her position sooner than the expiration of 45 days, but, if it does so, the City will continue to honor its obligations under this Agreement until expiration of the 45 - day period.

4.6 EMPLOYEE'S employment and this Agreement shall terminate automatically upon EMPLOYEE'S death. In this event, the City shall pay the beneficiary designated by EMPLOYEE in writing, or in the absence of such designation, EMPLOYEE'S estate, her accrued and unpaid compensation, and all accrued but unused benefits, if any, through the date of EMPLOYEE'S death.

4.7 If EMPLOYEE becomes disabled and requires accommodation to permit her to perform the essential functions of the position, the City shall provide reasonable accommodation if possible and unless doing so creates undue hardship for the City.

5. Proprietary Information.

Proprietary Information" is all information and any idea pertaining to any economic development engaged in or contemplated by the City ( or any CITY affiliate), including marketing plans and development projects. Proprietary Information shall include, without limitation, trade secrets ( as further defined in Uniform Trade Secrets Act, Civil Code § 3426 et seq.), ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, and forecasts. During her employment by CITY, EMPLOYEE shall only use Proprietary Information for the benefit of CITY and as is or may be necessary to perform her job responsibilities under this Agreement. Following termination, EMPLOYEE shall not use or disclose any Proprietary Information for the benefit of herself or any third party, except with the express written consent of CITY. EMPLOYEE'S obligations under this Section shall survive the termination of her employment and the termination of this Agreement.

6. Conflict Of Interest.

EMPLOYEE represents and warrants to CITY that she presently has no interest, and represents that she will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of her services under this Agreement.

7. General Provisions.

7.1 Vehicle Operation. EMPLOYEE shall operate any vehicle used in connection with the performance of her duties in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile's driver's license during the period of employment. In addition, EMPLOYEE shall maintain in full force and effect during the Term of this Agreement, valid automobile liability insurance providing coverage for collision, personal injury and medical reimbursement, in accordance with the City's K.3.a
Packet Pg. 370
Attachment: Jane Halstead (2022-74) (6555 : CITY CLERK’S ANNUAL SALARY ADJUSTMENT) Administrative Policy.

7.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three ( 3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and at the last known address maintained in EMPLOYEE'S personnel file. EMPLOYEE agrees to notify CITY in writing of any change in his/her address during his/her employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

City's Notice Address: City of Moreno Valley c/o City Council P.O. Box 88005
14177 Frederick Street
Moreno Valley, California 92552-0805
EMPLOYEE'S Address: [ Deliver to last updated address in personnel file]

7.3 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [ Government Code Section 810 et seq.] the CITY will indemnify, defend, and hold EMPLOYEE harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission associated with EMPLOYEE'S performance of functions, duties and services set forth in this Agreement.

7.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds required of EMPLOYEE under any law or ordinance.

7.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE'S employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.

7.6 Amendments. This Agreement may not be amended, altered or modified, except in a written document signed by EMPLOYEE, and signed by the City Council.

7.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.

7.8 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder.

7.9 Severability. If a court holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

7.10 Governing Law. This Agreement shall be governed by and construed in K.3.a
Packet Pg. 371
Attachment: Jane Halstead (2022-74) (6555 : CITY CLERK’S ANNUAL SALARY ADJUSTMENT) accordance with the laws of the State of California, with venue proper only in Riverside County, State of California.

7.11 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.

7.12 Acknowledgment. EMPLOYEE acknowledges that she has had the opportunity to consult legal counsel in regard to this Agreement, that she has read and understands this Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this Agreement.

IN WITNESS WHEREOF, the CITY has caused this Agreement to be signed and executed on its behalf by its City Council, and EMPLOYEE has signed and executed this Agreement, as of the date first indicated above.

Date: 6 P
Date: 0Ci2al / 20n
Date: L j0,22. By:

CITY OF MORENO VALLEY
By: o
Ma or
APP2OVE S T
City Attorney
K.3.a
Packet Pg. 372
Attachment: Jane Halstead (2022-74) (6555 : CITY CLERK’S ANNUAL SALARY ADJUSTMENT)