Agenda packet, regular meeting — Moreno Valley City Council, May 7, 2024 (part 3 of 4)

the street closures received written notification of the scheduled street closures that were sent on January 31 , 2024. The notices were also hand -delivered on April 8, 2024.

The Moreno Valley Police Department will notify the Moreno Valley Fire Department, American Medical Response, and the Riverside Transit Authority of the road closures, if approved.

ALTERNATIVES

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

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

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

Staff does not recommend this alternative.

FISCAL IMPACT

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

NOTIFICATION

A notice of the street closures was delivered to affected businesses.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Shanna Palau Captain Kenneth Reichle
Public Safety Contracts Administrator Police Chief

Concurred By:

Melissa Walker
Public Works Director / City Engineer

Concurred By:

Jeremy Bubnick
Parks and Community Services Director

Concurred By:

Howard Hibbler
Police Lieutenant, Traffic Division

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development
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2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Public Safety Expo 2024 - Road Closures - Layout

APPROVALS

Budget Officer Approval ✓ Approved . 4/28/24 8:11 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/29/24 8:52 AM I.14
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4/17/2024

2024 Public Safety Expo
—
Road Closures

May 18, 2024

Key:

Hard Road Closure

Driveway Closure

AƩendee Vehicle Entry Point
Veterans Way
Public Parking
Public Parking
Public Parking
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Attachment: Public Safety Expo 2024 - Road Closures - Layout (6621 : ROAD CLOSURES FOR PUBLIC SAFETY EXPO)

Report to City Council

ID#6556 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: May 7, 2024

TITLE: ADOPTION OF RESOLUTION TO ESTABLISH A
PROJECT LIST FOR THE FISCAL YEAR 2024/25 SENATE
BILL 1 FUNDING FOR CITYWIDE PAVEMENT

REHABILITATION AND PRESERVATION

RECOMMENDED ACTION
Recommendations:

1. Adopt Resolution 2024 -XX to establish a Citywide Pavement Rehabilitation Project List for submission to the California Transportation Commission for Fiscal Year 2024/25 Senate Bill (SB 1) funding; and

2. Authorize the Public Works Director/City Engineer to make any minor adjustments to the limits of work and minor modifications to the project list, as necessary.

SUMMARY
This report recommends the adoption of a Resolution approving a list of street segments for pavement rehabilitation for submission to the California Transportation Commission (CTC) to receive funding from the Road Repair and Accountability Act of 2017, Senate Bill (SB 1) for Fiscal Year 2024/25.

DISCUSSION
On April 28, 2017, the Governor signed SB 1 to address basic road maintenance, rehabilitation, and critical safety needs on state highways as well as local streets and roads. Funds are generated via fuel excise taxes and vehicle registration fees and a portion is allocated by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects. Roadway maintenance remains a top priority for the City Council.

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Prior to receiving the annual allocation of the formula -based SB 1 funds, local agencies must submit a project list to the CTC prior to July 1, 2024. The project list must include a description and the location of each street segment, a proposed schedule for project completion, and the estimated useful life of the improvements. The project list does not limit the flexibility of an eligible city to fund projects in accordance with local needs and priorities so long as the projects are consistent with SB 1 funding priorities.

In addition to submitting a proposed list of projects to the CTC for approval, to remain eligible for SB 1 funds, local agencies are required to:
• Submit annual documentation regarding completed projects. • File an annual report of expenditures for street or road purposes with the State Controller’s Office.
• Sustain a Maintenance of Effort (MOE).
• Follow guidelines developed by the California Workforce Development Board that address participation and investment in, or partnership with, new or existing pre - apprenticeship training programs.

The City is scheduled to receive an estimated $5.3 million in SB 1 funding in Fiscal Year 2024/25. With the recent historical investment by City Council of $50M over the past two years, and the current $20M in the current budget cycle, there is still roughly $200M of critically deferred maintenance needs.

The street segments selected for the FY 2024/25 Project List are part of the updated Five-Year Pavement Management Look -Ahead Plan which is concurrently presented to the City Council in this meeting in a separate agenda item for approval. In the effort to maximize the available budget, additional street segments from this Five -Year Look - Ahead Plan are to be included in the Project List as additive bids but may not be constructed dependent upon bids received.

For the proposed segments, staff recommends that the City Council authorize the Public Works Director/City Engineer to make minor modifications to the limits of work on individual street segments to accommodate any latest changes in private property development or other conflicting Capital Improvement Plan projects that may arise prior to bidding the project for construction. Additionally, staff also recommends authorizing the Public Works Director/City Engineer to make minor modifications to comply with any changes in the CTC procedures or forms to avoid delays.

Consistent with the approved Momentum MoVal Strategic Plan, staff is taking proactive steps to create an ongoing annual pavement preservation program with a similar level of efforts in roadway maintenance.

ALTERNATIVES

1. Approve the recommended actions as presented in this staff report. This alternative will allow timely Submission of the Project List for SB 1 for Fiscal Year 2024/25 funding and the City to continue receiving SB 1 funding for citywide street pavement rehabilitation work.

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2. Do not approve the recommended actions as presented in this staff report and provide alternate direction to staff. This alternative may prevent the City from receiving of SB 1 funding for Fiscal Year 2023/24 and delay use of State funding to meet the Council’s priority to enhance the condition of City’s roadways.

FISCAL IMPACT
There is no fiscal impact for the recommended action items.

NOTIFICATION
All utilities, adjacent property owners, business owners, law enforcement, fire department, and other emergency services responders in the areas affected by the pavement rehabilitation will be notified in a timely manner prior to the start of construction work.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

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

Senior Engineer Public Works Director/ City Engineer

Concurred By:

Harold Zamora, P.E.

Engineering Division Manager/ Assistant City Engineer

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

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. FY 24.25 SB 1 Project List Resolution

APPROVALS

Budget Officer Approval ✓ Approved . 4/28/24 7:53 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/29/24 8:48 AM I.15
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1 Resolution No. 2024-XX
Date Adopted: May 7, 2024
RE
SOLUTION NO. 2024-XX
CIT

Y OF MORENO VALLEY

RESOLUTION ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2024/25 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
W
HEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
W
HEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and W
HEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
W
HEREAS, the City, is to receive an estimated $5.3 million in RMRA funding in Fiscal Year 2024/25 from SB 1; and
W
HEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
W
HEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities, capital improvement needs, and the project list; and
W
HEREAS, the City used several key criteria and a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost -effective projects that also meet the communities priorities for transportation investment; and
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Attachment: FY 24.25 SB 1 Project List Resolution [Revision 2] (6556 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR FY 2 Resolution No. 2024-XX
Date Adopted: May 7, 2024
W
HEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately 105 street segments throughout the City this fiscal year and secure the implementation of similar needed projects into the future; and W
HEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “lower risk” conditions T his revenue will help the City increase the overall quality of its street network and over the next decade will bring the street network up to an acceptable condition; and W
HEREAS, the SB 1 Project List and overall investment in the City local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting- edge technology, materials and practices, will have significant positive co-benefits statewide.

NO
W, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City, State of California, as follows:

1. The foregoing recitals are true and correct.

2. Exhibit A is the list of newly proposed projects that will be funded in- part or solely with Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues.

APPR
OVED AND ADOPTED this 7th day of May, 2024.
___
_________________________
Ulises Cabrera
Mayor
City of Moreno Valley
ATTEST:
___
____________________________
Jane Halstead, City Clerk
APPR
OVED AS TO FORM:
___
____________________________
Steve Quintanilla, City Attorney
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Attachment: FY 24.25 SB 1 Project List Resolution [Revision 2] (6556 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR FY 3 Resolution No. 2024-XX
Date Adopted: May 7, 2024
RE

SOLUTION JURAT

STATE OF CALIFORNIA )
CO

UNTY 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 2024-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 7th day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

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

JANE HALSTEAD, CITY CLERK
(SEAL)
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Attachment: FY 24.25 SB 1 Project List Resolution [Revision 2] (6556 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR FY 1 Hubbard Street Kalmia Avenue North End 45 9,000 Pavement Surface Overlay $350,000
2 Cottonwood
Avenue Day Street Elsworth Street 50 n/a Pavement Surface Overlay $450,000
3 Dracaea Avenue Indian Street Perris Boulevard 57 n/a Pavement Surface Replacement $250,000
4 Eucalyptus Avenue Towngate
Boulevard Graham Street 63 n/a Pavement Surface
Overlay $650,000
5 Krameria Avenue Lasselle Street Cahuilla Drive 50 2,500 Pavement Surface Overlay $450,000
6 Perris Boulevard Delphinium
Avenue
John F. Kennedy
Drive 25 30,200 Pavement Surface
Replacement $300,000
7 Skyland Drive Hubbard Street East End 35 26,000 Local Repairs/ Crack Seal & Slurry Seal $25,000
8 Adeline Avenue Eucalyptus Avenue North End 60 n/a Pavement Surface Replacement $70,000
9 Atwood Avenue Heacock Street Perris Boulevard 62 n/a Local Repairs/ Crack Seal & Slurry Seal $100,000
10 Black Way Postal Avenue Sunnymead
Boulevard 62 n/a Local Repairs/ Crack
Seal & Slurry Seal $12,000
11 Edgemont Street Eucalyptus Avenue Cottonwood
Avenue 68 n/a Pavement Surface
Replacement $250,000
12 Helmsdale Street Atwood Avenue South End 58 n/a Local Repairs/ Crack Seal & Slurry Seal $10,000
13 Memorial Way Town Circle Eucalyptus Avenue 61 n/a Local Repairs/ Crack Seal & Slurry Seal $90,000
14 Postal Avenue Heacock Street East End 66 n/a Local Repairs/ Crack Seal & Slurry Seal $45,000
15 Airosa Place Tarara Drive Mendoza Road 65 n/a Local Repairs/ Crack Seal & Slurry Seal $15,000
16 Breezy Meadow
Court Quailglen Road East End 60 n/a Local Repairs/ Crack Seal & Slurry Seal $20,000
17 Breezy Meadow
Drive Stony Creek Way Quailglen Road 58 n/a
Local Repairs/ Crack
Seal & Slurry Seal $50,000
18 Cedar Tree Drive Redbark Drive Pine Filed Drive 62 n/a Local Repairs/ Crack Seal & Slurry Seal $15,000
19 Elm Filed Drive Hazelwood Drive
DR Oak Field Drive 60 n/a Local Repairs/ Crack
Seal & Slurry Seal $8,000
20 Grass Valley Circle Breezy Meadow
Court North End 58 n/a Local Repairs/ Crack
Seal & Slurry Seal $2,000
21 Hzaelwood Drive Cedar Tree Drive
DR Pine Filed Drive 66 n/a Local Repairs/ Crack
Seal & Slurry Seal $30,000
22 High Meadow
Drive Lake Valley Drive Village Road 69 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
23 Lake Valley Drive Breezy Meadow
Court Shady Glade Road 59 n/a Local Repairs/ Crack
Seal & Slurry Seal $25,000
24 Mallorca Way Mendoza Road Village Road 62 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
25 Mendoza Drive Tonada Lane Tonada Lane 62 n/a Local Repairs/ Crack Seal & Slurry Seal $50,000
26 Milkweed Way Ridgefield Terrace Village Road 64 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
27 Milkwood Drive Village Road Cedar Tree Drive
DR 62 n/a Local Repairs/ Crack
Seal & Slurry Seal $3,000
Residential Streets
Start Date:
7/1/2024
Complete Date:
12/30/2025
10+ Years for
Surface
Replacement
5-10 Years for
Local Repairs/
Crack Seal/
Slurry Seal
Anticipated
Useful Life
Arterial and Collector Streets
No. Street Name From To
Pavement
Condition Index
(PCI)
Average Daily
Traffic (ADT) Proposed Treatment Estimated
Cost
Anticipated
Start/Completion
Date
Citywide Pavement Rehabilitation Program FY 24/25 Project CITY OF MORENO VALLEY FISCAL YEAR 2024/2025 PROJECT LIST Start Date:
7/1/2024
Complete Date:
12/30/2025
10+ Years for
Surface
Replacement
5-10 Years for
Local Repairs/
Crack Seal/
Slurry Seal

4. Resolution No. 2024-XX
Date Adopted: May 7, 2024
Exhibit A
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Attachment: FY 24.25 SB 1 Project List Resolution [Revision 2] (6556 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR FY 28 Mohave Court Breezy Meadow
Drive North End 63 n/a Local Repairs/ Crack
Seal & Slurry Seal $7,000
29 Oak Filed Drive Elm Field Drive Hazelwood Drive
DR 58 n/a Local Repairs/ Crack
Seal & Slurry Seal $12,000
30 Oak Knoll Drive Hazelwood Drive
DR Redbark Drive 67 n/a Local Repairs/ Crack
Seal & Slurry Seal $5,000
31 Pine Field Drive Cedar Tree Drive
DR Redbark Drive 63 n/a Local Repairs/ Crack
Seal & Slurry Seal $22,000
32 Poppy Field Circle Breezy Meadow
Court End 65 n/a Local Repairs/ Crack
Seal & Slurry Seal $2,000
33 Poppy Meadow
Drive Mendoza Road Lake Valley Drive 66 n/a Local Repairs/ Crack Seal & Slurry Seal $9,000
34 Portofino Way Village Road Mendoza Drive 58 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
35 Quailglen Road Lake Valley Drive Breezy Meadow
Court 58 n/a Local Repairs/ Crack
Seal & Slurry Seal $8,000
36 Redbark Drive Village Road Pine Filed Drive 62 n/a Local Repairs/ Crack Seal & Slurry Seal $45,000
37 Ridgefiled
Terrance Stony Creek Way Breezy Meadow
Drive 52 n/a Local Repairs/ Crack
Seal & Slurry Seal $20,000
38 Rose Meadow
Court Quailglen Road West End 59 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
39 Shady Glade Road Breezy Meadow
Court Lake Valley Drive 60 n/a Local Repairs/ Crack
Seal & Slurry Seal $8,000
40 Stony Creek Way Breezy Meadow
Drive Ridgefield Terrace 57 n/a Local Repairs/ Crack
Seal & Slurry Seal $13,000
41 Sweet Clover
Circle
Breezy Meadow
Drive East End 61 n/a Local Repairs/ Crack
Seal & Slurry Seal $4,000
42 Teakwood Circle Hazelwood Drive
DR North End 60 n/a Local Repairs/ Crack
Seal & Slurry Seal $3,000
43 Tarara Drive Mendoza Drive Mendoza Road 57 n/a Local Repairs/ Crack Seal & Slurry Seal $16,000
44 Tonada Lane Mendoza Drive Mendoza Road 59 n/a
Local Repairs/ Crack
Seal & Slurry Seal $12,000
45 Village Road Sunnymead Ranch
Parkway
Sunnymead Ranch
Parkway 66 n/a Local Repairs/ Crack
Seal & Slurry Seal $72,000
46 Bluewood Place Sandy Glade
Avenue North End 48 n/a Pavement Surface
Replacement $12,000
47 Green Glen Street Sandy Glade
Avenue North End 51 n/a Pavement Surface
Replacement $45,000
48 Roseleaf Place Green Glen Street North End 50 n/a Pavement Surface Replacement $40,000
49 Sagewood Place Sandy Glade
Avenue North End 47 n/a Pavement Surface
Replacement $12,000
50 Sandy Glade
Avenue Heacock Street Davis Street 45 n/a Pavement Surface Replacement $95,000
51 Badger Springs
Trail Heacock Street Davis Street 50 n/a Pavement Surface Overlay $65,000
52 Antilles Drive Aruba Place Argonaut Drive 66 n/a Local Repairs/ Crack Seal & Slurry Seal $20,000
53 Argonaut Drive Antilles Drive Rio Hondo Drive 45 n/a Pavement Surface Overlay $55,000
54 Aruba Place Ericson Drive North End 42 n/a Pavement Surface Overlay $98,000
55 De Soto Place Stoneybrook Drive North End 65 n/a Local Repairs/ Crack Seal & Slurry Seal $10,000
56 Edelweiss Place North End Stoneybrook Drive 62 n/a Local Repairs/ Crack Seal & Slurry Seal $10,000
Residential Streets
Start Date:
7/1/2024
Complete Date:
12/30/2025
10+ Years for
Surface
Replacement
5-10 Years for
Local Repairs/
Crack Seal/
Slurry Seal
Anticipated
Completion Date
Anticipated
Useful Life
Average Daily
Traffic (ADT) Proposed Treatment Estimated
CostNo. Street Name From To
Pavement
Condition Index
(PCI)

5..

Resolution No. 2024-XX
Date Adopted: May 7, 2024
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Attachment: FY 24.25 SB 1 Project List Resolution [Revision 2] (6556 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR FY 57 Ericson Drive Magellan Drive Rio Grande Drive 59 n/a Local Repairs/ Crack Seal & Slurry Seal $35,000
58 Magellan Drive Stoneybrook Drive Ericson Drive 50 n/a Pavement Surface Overlay $80,000
59 Rio Grande Drive John F. Kennedy
Drive North End 51 n/a Pavement Surface
Overlay $160,000
60 Rio Hondo Drive Rio Grande Drive Cactus Avenue 62 n/a Local Repairs/ Crack Seal & Slurry Seal $25,000
61 Stoneybrook Drive Rio Grande Drive Magellan Drive 55 n/a Local Repairs/ Crack Seal & Slurry Seal $18,000
62 Andalusian Court Calico Lane South End 52 n/a Local Repairs/ Crack Seal & Slurry Seal $8,000
63 Arabian Court East End Bronco Lane 59 n/a Local Repairs/ Crack Seal & Slurry Seal $4,000
64 Blazer Court East End Tack Lane 60 n/a Local Repairs/ Crack Seal & Slurry Seal $8,000
65 Bronco Lane Cremello Way Rojo Tierra 57 n/a Local Repairs/ Crack Seal & Slurry Seal $4,000
66 Calico Lane Cleveland Bay
Way Andalusian Court 61 n/a Local Repairs/ Crack
Seal & Slurry Seal $22,000
67 Cavalcade Drive Cremello Way Equestrain Way 60 n/a Local Repairs/ Crack Seal & Slurry Seal $55,000
68 Chapparal Way Saddlebred Lane Holstein Drive 57 n/a Local Repairs/ Crack Seal & Slurry Seal $38,000
69 Charismatic Court Cremello Way East End 59 n/a Local Repairs/ Crack Seal & Slurry Seal $8,000
70 Citation Circle Riva Ridge Drive End 66 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
71 Cleveland Bay
Way Cremello Way Filly Lane 64 n/a Local Repairs/ Crack Seal & Slurry Seal $22,000
72 Clydesdale Lane West End East End 62 n/a Local Repairs/ Crack Seal & Slurry Seal $55,000
73 Colt Way Stallion Road Clydesdale Lane
66 n/a Local Repairs/ Crack Seal
& Slurry Seal $40,000
74 Coronet Circle Withers Way West End 59 n/a Local Repairs/ Crack Seal & Slurry Seal $8,000
75 Cremello Way Rojo Rierra Lasselle Street 64 n/a Local Repairs/ Crack Seal & Slurry Seal $42,000
76 Dartmoor Circle Stallion Road North End 57 n/a Local Repairs/ Crack Seal & Slurry Seal $6,000
77 Equestrian Way Riva Ridge Drive Kentucky Derby
Drive 63 n/a Local Repairs/ Crack Seal
& Slurry Seal $11,000
78 Filly Lane Cleveland Bay
Way Fox Trot Lane 62 n/a Local Repairs/ Crack Seal
& Slurry Seal $6,000
79 Fot Trot Lane Filly Lane Shetland Lane 67 n/a Local Repairs/ Crack Seal & Slurry Seal $20,000
80 Funny Cide Court Equestrain Way North End 59 n/a Local Repairs/ Crack Seal & Slurry Seal $3,000
81 Galt Way Withers Way Lasselle Street
(NB) 64 n/a Local Repairs/ Crack Seal
& Slurry Seal $5,000
82 Gleding Way Mare Lane Krameria Avenue 59 n/a Local Repairs/ Crack Seal & Slurry Seal $13,000
83 Hackney Court Clydesdale Lane South End 59 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
84 Haflinger Court Tack Lane East End 64 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
85 Holstein Drive Via Xavier Tack Lane 60 n/a Local Repairs/ Crack Seal & Slurry Seal $8,000
Start Date:
7/1/2024
Complete Date:
12/30/2025
10+ Years for
Surface
Replacement
5-10 Years for
Local Repairs/
Crack Seal/
Slurry Seal
Residential Streets
Anticipated
Completion Date
Anticipated
Useful LifeNo. Street Name From To
Pavement
Condition Index
(PCI)
Average Daily
Traffic (ADT) Proposed Treatment Estimated
Cost

6...

Resolution No. 2024-XX
Date Adopted: May 7, 2024
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Attachment: FY 24.25 SB 1 Project List Resolution [Revision 2] (6556 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR FY 86 Keentucky Derby
Drive Lasselle Street North End 65 n/a Local Repairs/ Crack Seal & Slurry Seal $25,000
87 Lipizzaner Lane Withers Way Colt Way 62 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
88 Mare Lane Quarter Horse
Road Gelding Way 59 n/a Local Repairs/ Crack Seal
& Slurry Seal $10,000
89 Mustang Court Welsh Court East End 59 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
90 Percheron Circle Cleveland Bay
Way East End 61 n/a Local Repairs/ Crack Seal
& Slurry Seal $7,000
91 Pinto Court Bronco Lane East End 57 n/a Local Repairs/ Crack Seal & Slurry Seal $6,000
92 Quarter Horse
Road Mare Lane Krameria Avenue 62 n/a Local Repairs/ Crack Seal & Slurry Seal $13,000
93 Riva Ridge Drive Spectaculiar Bid
Road South End 63 n/a Local Repairs/ Crack Seal
& Slurry Seal $21,000
94 Rojo Tierra Lasselle Street Cremello Way 62 n/a Local Repairs/ Crack Seal & Slurry Seal $12,000
95 Saddlebred Lane Tack Lane Chapparal Way 57 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
96 Shetland Lane Fox Trot Lane Colt Way 59 n/a Local Repairs/ Crack Seal & Slurry Seal $8,000
97 Spectacular Bid
Road Cremello Way Riva Ridge Drive 63 n/a Local Repairs/ Crack Seal & Slurry Seal $5,000
98 Spirit Road Krameria Avenue Stallion Road 57 n/a Local Repairs/ Crack Seal & Slurry Seal $25,000
99 Stallion Road Spirit Road Dartmoor Circle 65 n/a Local Repairs/ Crack Seal & Slurry Seal $16,000
100 Tack Lane Saddlebred Lane Via Xavier 67 n/a Local Repairs/ Crack Seal & Slurry Seal $22,000
101 Unbridled Circle Cremello Way East End 66 n/a Local Repairs/ Crack Seal & Slurry Seal $10,000
102 V
ia Xavier Cremello Way Lasselle Street 56 n/a Loc al Repairs/ Crack Seal & Slurry Seal $32,000
103 Welsh Court Stallion Road East End 61 n/a Local Repairs/ Crack Seal & Slurry Seal $15,000
104 Withers Way Via Xavier North End 63 n/a Local Repairs/ Crack Seal & Slurry Seal $18,000
105 Yearling Court Bronco Lane East End 62 n/a Local Repairs/ Crack Seal & Slurry Seal $6,000
$5,000,000 TOTAL
Proposed Treatment Estimated
Cost
Anticipated
Completion Date
Anticipated
Useful LifeNo. Street Name From To
Pavement
Condition Index
(PCI)
Average Daily
Traffic (ADT)
Start Date:
7/1/2024
Complete Date:
12/30/2025
10+
Years for
Surface
Replacement
5-10 Years for
Local Repairs/
Crack Seal/
Slurry Seal
Residential Streets

7....

Resolution No. 2024-XX
Date Adopted: May 7, 2024
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Attachment: FY 24.25 SB 1 Project List Resolution [Revision 2] (6556 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR FY

Report to City Council

ID#6586 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: May 7, 2024

TITLE: APPROVE MEASURE A LOCAL STREETS AND ROADS

FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL
YEARS 2024/25 TO 2028/29

RECOMMENDED ACTION

1. Approve and authorize submittal of the City of Moreno Valley’s Measure A Local Streets and Roads Five-Year Capital Improvement Plan for Fiscal Years 2024/25 to 2028/29 and Maintenance of Effort Certificate for Fiscal Year 2024/25 to the Riverside County Transportation Commission; and

2. Authorize the Director of Public Works/City Engineer to submit an annual amended five -year plan to the Riverside County Transportation Commission if changes are made to the listed Measure A projects.

SUMMARY
This report recommends approval of the City of Moreno Valley’s Measure A Local Streets and Roads Five -Year Capital Improvement Plan (CIP) for Fiscal Years 2024/25 to 2028/29 (Plan) and Maintenance of Effort (MOE) Certification for F iscal Year 2024/25. Annual submission of the Measure A Plan and MOE to the Riverside County Transportation Commission (RCTC) is required for continued receipt of Measure A funds. The approval of the attached Plan does not obligate any Measure A expenditures.

DISCUSSION
Measure A is a major funding source for transportation infrastructure improvements and operational elements of the Public Works Department. The City is scheduled to receive $6,392,000 in Measure A revenue by Fiscal Year (FY) 2023/24 year -end and an estimated $6,367,000 in funding for FY 2024/25.

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RCTC requires local jurisdictions to submit an annual five -year CIP, which includes a Project Status Report for FY 2023/24 Measure A funded CIP projects, for continued receipt of Measure A Local Streets and Roads funds. The projects are included in the Measure A Five-Year CIP to satisfy RCTC Ordinance No. 02 -001, and only Measure A funded projects are required to be reported. City staff forward s amended Measure A project lists to RCTC when necessary. The purpose of this report is to document progress to date on engineering, right -of-way acquisition, construction, and anticipated project completion dates. The approval of the attached Plan does not obligate any Measure A expenditures.

The projects on the attached Plan are already part of the City Council approved CIP Budget or Operating Budget. No new projects are proposed with this action. The CIP projects listed in this Plan are recommended to move forward to ensure outside funding sources with deadlines (e.g. grants) are not lost and to avoid delays that would otherwise increase project costs. Additionally, the operational elements listed on the attached Plan ensure critical Public Works items (e.g. traffic signage and markings) continue.

RCTC Ordinance No. 02 -001 also requires the City to provide an executed MOE Certification Statement indicating that Measure A funds will not replace local discretionary funds used for the City's transportation issues but will be in addition to the City’s funds for transportation purposes. The City’s MOE base year amount, approved by the RCTC at its July 2011 meeting, is $1,459,153. The MOE requirement is met by the Public Works Department General Fund operating budgets.

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

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. RCTC requires all cities within its jurisdiction to submit a plan by April 29, 2024. This alternative allows the City to continue receiving Measure A revenue annually to fund significant roadway and other transportation -related infrastructure improvements. Staff recommends this action.

2. Do not approve and authorize the recommended actions as presented in this staff report. Since RCTC requires jurisdictions to submit a plan by April 29, 2024, in order to continue to receive Measure A funds, this alternative jeopardizes a significant revenue stream for the City, affecting the ability to deliver critical transportation-related infrastructure improvements . Staff does not recommend this action.

FISCAL IMPACT
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The timely approval and submittal of the Measure A Five -Year CIP by April 29, 2024, ensures continued receipt of Measure A funds for FY 2024/25. City staff will forward an amended Measure A project list to RCTC if there are any changes throughout FY 2024/25. Measure A funds can only be used for transportation infrastructure improvement related purposes.

NOTIFICATION
Publication of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

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

Capital Projects Principal Engineer Public Works Director / City Engineer

Concurred By:

Harold Zamora, P.E.

Engineering Division Manager/ Assistant City Engineer

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

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

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. FY 2024/25 Measure A MOE Certification Statement - Moreno Valley I.16
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2. FY 2024/25 - 2028/29 Measure A CIP and FY 2023/24 Project Status

APPROVALS

Budget Officer Approval ✓ Approved . 4/09/24 7:18 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/09/24 8:29 AM I.16
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FY 2024/25

MAINTENANCE OF EFFORT CERTIFICATION STATEMENT

The undersigned agrees and certifies for the city of Moreno Valley (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02 -001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $1,459,153, approved by the Commission at its July 13, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes.

The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction o f loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission.

Dated: ________________

CITY MANAGER

ATTEST:

SECRETARY
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Attachment: FY 2024/25 Measure A MOE Certification Statement - Moreno Valley [Revision 1] (6586 : ANNUAL MEASURE A (RCTC) FIVE-YEAR Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2025-01 2020 Refunding of TRIP COP 13A Debt Service $404,685 $404,685 2025-02 Fixed Charges/ Indirect Cost Administrative Overhead/Indirect Costs $245,711 $245,711 2025-03 Public Works - Capital Projects Program Budget Administrative Overhead/Indirect Costs $209,046 $209,046 2025-04 Public Works - Citywide Sign/Striping Maintenance/Operation(s) $896,848 $896,848 2025-05 Public Works - Right of Way Maintenance Maintenance/Operation(s) $647,370 $647,370 2025-06 Transfers to 2014 Refunding Lease Revenue Bonds Debt Service $965,198 $965,198 2025-07 Annual Pavement Maintenance - Crack Seal Street Improvement(s) $60,000 $60,000 2025-08 Traffic Signal Equipment Upgrades Traffic Signal(s) $80,000 $80,000 2025-09 ITS Master Plan Update Traffic Signal(s) $400,000 $400,000 Total: $3,908,858 $3,908,858
FY 2024/25
Agency:

Prepared by:

Phone #:

Date:

Moreno Valley
Ashley Aparicio
(951) 413-3023
3/19/2024
FY 2022/23 Audited Measure A Balance: $8,545,221
FY 2023/24 Measure A Revenue $6,392,000
Less: FY 2023/24 Project Status Report Expenses: $5,772,947 Estimated Prior Year Measure A Balance: $9,164,274
Estimated FY 2024/25 Measure A Allocation: $6,367,000
Estimated Measure A Available for FY 2024/25 Projects: $15,531,274 I.16.b
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Attachment: FY 2024/25 - 2028/29 Measure A CIP and FY 2023/24 Project Status (6586 : ANNUAL MEASURE A (RCTC) FIVE-YEAR CAPITAL Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2026-01 2020 Refunding of TRIP COP 13A Debt Service $404,685 $404,685 2026-02 Fixed Charges/ Indirect Cost Administrative Overhead/Indirect Costs $245,711 $245,711 2026-03 Public Works - Capital Projects Program Budget Administrative Overhead/Indirect Costs $209,046 $209,046 2026-04 Public Works - Citywide Sign/Striping Maintenance/Operation(s) $896,848 $896,848 2026-05 Public Works - Right of Way Maintenance Maintenance/Operation(s) $647,370 $647,370 2026-06 Transfers to 2014 Refunding Lease Revenue Bonds Debt Service $965,198 $965,198 2026-07 Annual Pavement Maintenance - Crack Seal Street Improvement(s) $60,000 $60,000 2026-08 Traffic Signal Equipment Upgrades Traffic Signal(s) $80,000 $80,000 Total: $3,508,858 $3,508,858
FY 2025/26
Agency:

Prepared by:

Phone #:

Date:

Moreno Valley
Ashley Aparicio
(951) 413-3023
3/19/2024
Estimated Prior Year Measure A Balance: $11,622,416
Estimated FY 2025/26 Measure A Allocation: $6,494,000
Estimated Measure A Available for FY 2025/26 Projects: $18,116,416 I.16.b
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Attachment: FY 2024/25 - 2028/29 Measure A CIP and FY 2023/24 Project Status (6586 : ANNUAL MEASURE A (RCTC) FIVE-YEAR CAPITAL Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2027-01 2020 Refunding of TRIP COP 13A Debt Service $404,685 $404,685 2027-02 Fixed Charges/ Indirect Cost Administrative Overhead/Indirect Costs $245,711 $245,711 2027-03 Public Works - Capital Projects Program Budget Administrative Overhead/Indirect Costs $209,046 $209,046 2027-04 Public Works - Citywide Sign/Striping Maintenance/Operation(s) $896,848 $896,848 2027-05 Public Works - Right of Way Maintenance Maintenance/Operation(s) $647,370 $647,370 2027-06 Transfers to 2014 Refunding Lease Revenue Bonds Debt Service $965,198 $965,198 2027-07 Annual Pavement Maintenance - Crack Seal Street Improvement(s) $60,000 $60,000 2027-08 Traffic Signal Equipment Upgrades Traffic Signal(s) $80,000 $80,000 Total: $3,508,858 $3,508,858
FY 2026/27
Agency:

Prepared by:

Phone #:

Date:

Moreno Valley
Ashley Aparicio
(951) 413-3023
3/19/2024
Estimated Prior Year Measure A Balance: $14,607,558
Estimated FY 2026/27 Measure A Allocation: $6,624,000
Estimated Measure A Available for FY 2026/27 Projects: $21,231,558 I.16.b
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Attachment: FY 2024/25 - 2028/29 Measure A CIP and FY 2023/24 Project Status (6586 : ANNUAL MEASURE A (RCTC) FIVE-YEAR CAPITAL Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2028-01 2020 Refunding of TRIP COP 13A Debt Service $404,685 $404,685 2028-02 Fixed Charges/ Indirect Cost Administrative Overhead/Indirect Costs $245,711 $245,711 2028-03 Public Works - Capital Projects Program Budget Administrative Overhead/Indirect Costs $209,046 $209,046 2028-04 Public Works - Citywide Sign/Striping Maintenance/Operation(s) $896,848 $896,848 2028-05 Public Works - Right of Way Maintenance Maintenance/Operation(s) $647,370 $647,370 2028-06 Transfers to 2014 Refunding Lease Revenue Bonds Debt Service $965,198 $965,198 2028-07 Annual Pavement Maintenance - Crack Seal Street Improvement(s) $60,000 $60,000 2028-08 Traffic Signal Equipment Upgrades Traffic Signal(s) $80,000 $80,000 Total: $3,508,858 $3,508,858
FY 2027/28
Agency:

Prepared by:

Phone #:

Date:

Moreno Valley
Ashley Aparicio
(951) 413-3023
3/19/2024
Estimated Prior Year Measure A Balance: $17,722,700
Estimated FY 2027/28 Measure A Allocation: $6,756,000
Estimated Measure A Available for FY 2027/28 Projects: $24,478,700 I.16.b
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Attachment: FY 2024/25 - 2028/29 Measure A CIP and FY 2023/24 Project Status (6586 : ANNUAL MEASURE A (RCTC) FIVE-YEAR CAPITAL Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2029-01 2020 Refunding of TRIP COP 13A Debt Service $404,685 $404,685 2029-02 Fixed Charges/ Indirect Cost Administrative Overhead/Indirect Costs $245,711 $245,711 2029-03 Public Works - Capital Projects Program Budget Administrative Overhead/Indirect Costs $209,046 $209,046 2029-04 Public Works - Citywide Sign/Striping Maintenance/Operation(s) $896,848 $896,848 2029-05 Public Works - Right of Way Maintenance Maintenance/Operation(s) $647,370 $647,370 2029-06 Transfers to 2014 Refunding Lease Revenue Bonds Debt Service $965,198 $965,198 2029-07 Traffic Signal Equipment Upgrades Traffic Signal(s) $80,000 $80,000 2029-08 Annual Pavement Maintenance - Crack Seal Street Improvement(s) $60,000 $60,000 Total: $3,508,858 $3,508,858
FY 2028/29
Agency:

Prepared by:

Phone #:

Date:

Moreno Valley
Ashley Aparicio
(951) 413-3023
3/19/2024
Estimated Prior Year Measure A Balance: $20,969,842
Estimated FY 2028/29 Measure A Allocation: $6,891,000
Estimated Measure A Available for FY 2028/29 Projects: $27,860,842 I.16.b
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Attachment: FY 2024/25 - 2028/29 Measure A CIP and FY 2023/24 Project Status (6586 : ANNUAL MEASURE A (RCTC) FIVE-YEAR CAPITAL Item No. Project Name/Limits Project Type Total Cost
Anticipated Measure A
Funds Expended (Est thru
06/30/2024)
Estimated/Actual
Completion Status
2024-01 2020 Refunding of TRIP COP 13A Debt Service $404,685 $404,685 6/30/2024 Completed 2024-02 Fixed Charges/ Indirect Cost Administrative
Overhead/Indirect Costs
$245,711 $245,711 6/30/2024 Completed
2024-03 Public Works - Capital Projects Program Budget Administrative Overhead/Indirect Costs
$209,046 $209,046 6/30/2024 Completed
2024-04 Public Works - Citywide Sign/Striping Maintenance/Operation(s) $896,848 $896,848 6/30/2024 Completed 2024-05 Public Works - Right of Way Maintenance Maintenance/Operation(s) $647,370 $647,370 6/30/2024 Completed 2024-06 CHANGED Transfers to 2014 Refunding Lease
Revenue Bonds
Debt Service $965,198 $965,198 6/30/2024 Completed
2024-07 Annual Pavement Maintenance - Crack Seal Street Improvement(s) $81,014 $81,014 6/30/2024 Construction Phase
2024-08 CHANGED Traffic Signal Equipment Upgrades Traffic Signal(s) $333,438 $137,214 6/30/2029 Construction Phase
2024-09 Sunnymead Master Drainage Plan - Storm Drain
Lines F and F-7
Storm Drain
Improvement(s)
$5,556,976 $13,895 12/30/2025 PS&E Phase
2024-10 Moreno MDP Line K-1, K-4 Stg 3 Storm Drain
Improvement(s)
$0 $0 6/30/2024 On Hold
2024-11 Moreno MDP Line F-18 and F-19 Storm Drain
Improvement(s)
$2,003,925 $139,382 12/30/2025 PS&E Phase
2024-12 Citywide Pavement Rehabilitation Program Street Improvement(s) $6,950,000 $782,584 1/9/2024 Completed 2024-13 ADDED Heacock St/Cactus Ave Commercial
Vehicle Improvements
Street Improvement(s) $750,000 $750,000 6/30/2025 PS&E Phase 2024-14 ADDED Steeple Chase Dr
Reconstruction/Ironwood Ave to Kalmia Ave
Street Improvement(s) $500,000 $500,000 12/30/2025 PS&E Phase Total: $5,772,947
PROJECT STATUS REPORT FY 2023/24
Agency:

Prepared by:

Phone #:

Date:

Moreno Valley
Ashley Aparicio
(951) 413-3023
3/19/2024
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Attachment: FY 2024/25 - 2028/29 Measure A CIP and FY 2023/24 Project Status (6586 : ANNUAL MEASURE A (RCTC) FIVE-YEAR CAPITAL

Report to City Council

ID#6626 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: May 7, 2024

TITLE: APPROVAL OF RECOMMENDED PAVEMENT

MANAGEMENT PROGRAM FIVE -YEAR LOOK -AHEAD
PLAN FOR FISCAL YEARS 2024-25 TO 2028-29

RECOMMENDED ACTION
Recommendations:

1. Approve the Recommended Pavement Management Program Five -year Look - ahead Plan for Fiscal Years 2024-25 to 2028-29; and

2. Authorize the Public Works Director to make any minor adjustments necessary for finalizing the Pavement Management Program Five -year Look-ahead Plan for Fiscal Years 2024-25 to 2028-29.

SUMMARY
This report recommends concurrence with the recommended Pavement Management Program (PMP) Five -year Look -ahead Plan, which identifies roadway segment maintenance priorities for the Fiscal Years 2024 -25 to 2028 -29. The Five -year Look - ahead Plan is developed with a proactive approach to maintaining roads by balancing both preventive and corrective pavement maintenance practices to address a wide range of pavement conditions in a cost -effective manner, thereby extending the pavement life and enhancing safety.

DISCUSSION
An evaluation of the city street network completed in 2018 indicates there was over $200 million of deferred maintenance for the 506 centerline -miles of streets within the City’s 51 square mile boundary. The estimated budget necessary for maintaining the street network is approximately $10 million annually. In 2022, the City Council approved a historic $50 million in pavement rehabilitation funding to mitigate a portion of that I.17
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deferred maintenance. In 2023, the City Council continued the effort to improve roads by budgeting $10 million for Fiscal Year 2023 -24 and $10 million for Fiscal Year 2024 -

25. However, with a limited amount of funding allocated for pavement repairs annually, streets need to be prioritized and rehabbed with appropriate treatments depending on their conditions to maximize the available budget. The PMP Five -year Look-ahead Plan is created to include prioritized streets for pavement rehabilitation and preservation for the next five years. In selecting streets for this plan, staff uses a combination of factors such as:
• Pavement Condition Index (PCI) for preventative and corrective maintenance.

Staff conducted field surveys to obtain real-time pavement distress conditions. • Average Daily Traffic (ADT) counts.
• Roadway segments with extensive City Maintenance staff activities. • Known forthcoming utility company work.
• Known approved development projects.
• Other City Capital Improvement Program (CIP) projects.

Heavy consideration is given to street segment PCI ratings and segments with extensive City Maintenance staff activities (i.e., pothole repairs). Additionally, to gain an economy of scale from bidding contractors, streets are grouped by proximity as best as possible to minimize construction costs. The PMP Five -year Look -ahead Plan is intended to provide a focus for the limited funding. It is not intended to be a rigid list of street segments that cannot be adjusted. Some of the roads may be changed based on new condition information or other factors.

The goal of the PMP Five -year Look -ahead Plan is to transition costly corrective maintenance activities to less -costly preventative maintenance activities. This is a recommended approach that has been utilized by most agencies when it comes to street pavement maintenance. Including preventative work (e.g., crack seal and slurry seal), not just corrective work, will help preserve and extend the useful life of the City’s largest asset at a lower cost. Additionally, with the inclusion of preventative maintenance work, City Maintenance staff resources can be redistributed to higher cost- benefit ratio activities (e.g., asphalt patchwork and crack sealing).

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

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. This alternative will provide staff with a Five -year Look -ahead Plan for Fiscal Years 2024 -25 to 2028 -29 with set priorities for roadway maintenance.

Staff recommends this action.

2. Do not approve and authorize the recommended actions as presented in this I.17
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staff report. This alternative may delay the roadway maintenance efforts and allow for City streets to continue deteriorating and resulting in higher repair costs.

Staff does not recommend this action.

FISCAL IMPACT
There is no fiscal impact with the recommended action item.

NOTIFICATION
Publication of the agenda.

All utilities, adjacent property owners, business owners, law enforcement, fire department, and other emergency services responders in the areas affected by the pavement rehabilitation will be notified in a timely manner prior to the start of pavement rehabilitation construction work.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

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

Capital Projects Principal Engineer Public Works Director / City Engineer

Concurred By:

Harold Zamora, P.E.

Engineering Division Manager/ Assistant City Engineer

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. PMP 5-Year Pavement Look-Ahead Plan

APPROVALS

Budget Officer Approval ✓ Approved . 4/28/24 8:15 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/29/24 8:48 AM I.17
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NOTE:

THIS MAP IS SUBJECT TO CHANGE WHERE SOME

STREETS MAY BE REMOVED OR NEW STREETS MAY BE

ADDED BY PUBLIC WORKS DIRECTOR/CITY ENGINEER
AS AUTHORIZED BY THE CITY COUNCIL.

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Attachment: PMP 5-Year Pavement Look-Ahead Plan [Revision 1] (6626 : APPROVAL OF RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR LOOK-AHEAD PLAN FOR FISCAL YEARS)

Report to City Council

ID#6611 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: May 7, 2024

TITLE: AUTHORIZE THE SECOND AMENDMENT TO THE
AGREEMENT WITH R.D. SYSTEMS, INC. FOR

PROFESSIONAL SECURITY ACCESS CONTROL

SERVICES AT CITY FACILITIES

RECOMMENDED ACTION
Recommendations:

1. Approve the Second Amendment to the Agreement for Professional Security Access Control Services with R.D. Systems, Inc., to increase the contract value funded through Facilities Maintenance (Fund 7310);

2. Authorize the City Manager, or their designee, to execute the Second Amendment to the Agreement for Professional Security Access Control Services with R.D. Systems, Inc., to increase the contract amount by $200,000 for a total not -to- exceed amount of the five-year Agreement of $275,000; and

3. Authorize the City Manager, or their designee, to execute the Second Amendment to the Agreement, any subsequent future amendments, and Purchase Orders subject to the approval of the City Attorney, in accordance with approved terms of the agreement and within the available budget previously approved by Council.

SUMMARY
This report recommends approval of the Second Amendment to the Agreement with R.D. Systems, Inc. to increase the piggyback Agreement amount by $200,000 to continue to provide professional security access control services at all City Facilities.

DISCUSSION
The City is responsible for ensuring that public facilities are safe and properly operational for the general public and employees, including fire stations, the Public I.18
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Safety Building, and the Emergency Operations Center. Properly functioning and maintained facilities are an essential part of the City’s operations. Required Professional Security Access Control Services range from routine maintenance items to emergency responses as several of the City’s buildings are operational 24 hours per day. As such, the need for licensed on -call security and access contractor service providers, with the ability to perform a wide variety of scheduled maintenance and on-call emergency repair services, is critical.

In December 2022, The City entered into a Piggyback Professional Services Agreement with R.D. Systems, Inc. for Professional Security Access Control Services based on the City of Long Beach’s RFP TI 21 -020. The piggyback agreement provides security access control services at favorable pricing based on the City of Long Beach’s competitive award.

In a continued effort to ensure all public facilities are safely maintained and kept secured, staff is recommending increasing the agreement with R.D. Systems, Inc. by $200,000 for a new not to exceed agreement of $275,000. The above amount is an estimate based on previous service and future needs, which may need to be increased.

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

ALTERNATIVES

1. Approve and authorize the Second Amendment to the Agreement with R.D.

Systems, Inc. for Professional Security Access Control Services. This alternative will provide for the timely installation, repair, and maintenance of security and access systems and is recommended by staff.

2. Do not approve and authorize the recommended actions as presented in this Staff Report. This alternative will delay the necessary installation, repair, and maintenance of security and access systems and is not recommended by staff.

FISCAL IMPACT
Funding is available in the approved Operating Budget for Fiscal Year 2023/24. The amended not -to-exceed $275,000 contract will be expensed over the remaini ng four years of the five -year term, based on services needed, subject to the City Council approval of the future Operating Budget. There is no impact to the General Fund.

NOTIFICATION
Publication of the agenda.

PREPARATION OF STAFF REPORT
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Prepared by: Department Head Approval:

Serina Contreras Melissa Walker, P.E.

Management Analyst Public Works Director / City Engineer

Concurred By:

Joseph Mattox
Fleet & Facilities Maintenance Division Manager

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

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

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. RD Systems Inc. Second Amendment 2024

APPROVALS

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Budget Officer Approval ✓ Approved . 4/28/24 8:07 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/29/24 8:51 AM I.18
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SECOND AMENDMENT TO AGREEMENT

FOR ON-SITE AND/OR PROFESSIONAL SERVICES
CONTRACT NO. 2022-190
The Second Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “City,” and R.D.

Systems, INC., hereinafter referred to as “Contractor.” This Second Amendment to Agreement is made and entered into effective on the date the City signs this Amendment.

RECITALS:

Whereas, the City and Contractor entered into an Agreement entitled “AGREEMENT for On-Site and/or Professional Services,” hereinafter referred to as “Agreement,” dated December 20,2022;
Whereas, the Contractor provides responsibility for the provision of professional security access control system hardware, software, supplies, installation, integration, monitoring, and maintenance;
Whereas, it is desirable to amend the Agr eement to increas e the Contract amount by $200,000 for a total not-to exceed amount of the five-year Agreement of $275,000.

SECTION 1 SECOND AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement “Not-to-Ex ceed” amount is increased from $50,000 to $275,000 ($25,000 from the first amendment plus $200,000 for this second amendment.) SECTION 2

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

SIGNATURE PAGE TO FOLLOW
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Attachment: RD Systems Inc. Second Amendment 2024 (6611 : AUTHORIZE THE SECOND AMENDMENT TO THE AGREEMENT WITH R.D.

SECOND AMENDMENT TO AGREEMENT FOR ON-SITE AND OR PROFESSIONAL SERVICES I
N WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley R.D. SYSTEMS
By
: ____________________________ By: __________________________ Mike Lee
City Manager
D
ate: ______________________ Date: _________________________

INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
C ity Attorney
___________________________
Da te
RE

COMMENDED FOR
APPROVAL:
___________________________
Melissa Walker, P.E.

Acting Public Works Director/City
Engineer
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Attachment: RD Systems Inc. Second Amendment 2024 (6611 : AUTHORIZE THE SECOND AMENDMENT TO THE AGREEMENT WITH R.D.

Report to City Council

ID#6613 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: May 7, 2024

TITLE: AUTHORIZATION TO AWARD A PROFESSIONAL

CONSULTANT SERVICES AGREEMENT TO TKE
ENGINEERING, INC. FOR THE CACTUS AVENUE

PAVEMENT RECONSTRUCTION PROJECT BETWEEN
ELSWORTH STREET AND INTERSTATE 215 PROJECT
NO. 801 0106

RECOMMENDED ACTION
Recommendations:

1. Award an Agreement for Professional Consultant Services to TKE Engineering, Inc. to complete preliminary engineering, design Plans, Specifications and Estimate, environmental, and right -of-way services for the Cactus Avenue Pavement Reconstruction Project between Elsworth Street and Interstate 215;

2. Authorize the City Manager to execute the Agreement with TKE Engineering, Inc. subject to the approval by the City Attorney;

3. Authorize the issuance of a purchase order, funded by Development Impact Fees (Fund 3 301 and 3 311), to TKE Engineering, Inc., in the amount of $128,067 when the Agreement has been signed by all parties; and

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

SUMMARY
This report recommends approval of an Agreement for Professional Consultant I.19
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Services (Agreement) with TKE Engineering to complete design services for the Cactus Avenue Pavement Reconstruction Project between Elsworth Street and Interstate 215 (I-215). The design of this project is funded with D evelopment Impact Fees . Funding currently is not available for the construction of the project.

DISCUSSION
Cactus Avenue is designated as a Divided Major Arterial in the City’s Circulation Element and serves as one of the designated truck routes for the City. The segment of Cactus Avenue between Elsworth Street and I -215 borders March Air Reserve Base and intersects the main entrance of the base, has endured extensive damage from commercial truck and passenger vehicle traffic, particularly the west end near I-215. The current roadway section thickness is inadequate for heavy truck traffic, necessitating a full-depth reconstruction between Elsworth Street and I - 215.

The Cactus Avenue Pavement Reconstruction P roject is proposed to evaluate the existing pavement and subgrade structural section and provide engineering and bidding documents to construct a new pavement structural section for Cactus Avenue between Elsworth Street and I -215. The reconstruction will accommodate the existing and future projected truck traffic volume. The professional consultant design services consist of evaluating and calculating the adequate pavement thickness for the street and completing construction plans and bidding documents ready for advertising for bids once funding becomes available. Consultant services also include completing environment clearance documentation, permit documentation (local, state/Caltrans, and federal as required), and other related work as required.

A Request for Proposals (RFP) for Professional Consultant Services was distributed and advertised in accordance with the City’s procurement processes on February 23, 2024. The City received two (2) proposals in response to the RFP. Following a competitive selection process, TKE 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. TKE’s listed references were contacted and they provided positive feedback regarding TKE’s past services on similar projects. Staff recommends awarding a contract to TKE Engineering to perform the requested professional consultant services for the Cactus Avenue Pavement Reconstruction Project.

ALTERNATIVES

1. Approve and authorize the recommendations as presented in this report. This alternative will allow the design of the Cactus Avenue Pavement Reconstruction Project between Elsworth Street and Interstate 215 to move forward in a timely manner. Staff recommends this alternative.

2. Do not approve the recommended actions as presented in this staff report. This alternative will delay the design of the Cactus Avenue Pavement Reconstruction Project between Elsworth Street and Interstate 215 and any adequate pavement upgrades for the street segment. Staff does not recommend this alternative.

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FISCAL IMPACT
This project was approved in the Fiscal Year 2023/24 and 2024/25 Capital Improvement Plan. The project is funded by the Development Impact Fees (DIF) for Arterial Streets (Funds 3301) and by the Development Impact Fees (DIF) for Interchange Improvement (Funds 3311). There is no impact to the General Fund.

FISCAL YEAR 2023/2024 AVAILABLE BUDGET:

Cactus Avenue Reconstruction – DIF Arterial Streets
(GL Account: 3301-70-77-80001-720199) (Project No. 801 0106-3301-99) ...... $400,000 Cactus Avenue Reconstruction – DIF Interchange Improvement (GL Account: 3311-70-77-80001-720199) (Project No. 801 0106-3311-99) ...... $100,000 Total Project Budget ........................................................................................... $500,000 ESTIMATED COSTS FOR DESIGN:

Design Consultant Costs .................................................................................... $128,067 City Project Management ..................................................................................... $40,000 Total Estimated Design Costs ............................................................................ $168,067 ANTICIPATED PROJECT SCHEDULE:

Complete Design ...................................................................................... December 2025

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Quang Nguyen, P.E. Melissa Walker, P.E
Capital Projects Principal Engineer Public Works Director/City Engineer Concurred By:

Harold Zamora, P.E.

Engineering Division Manager/Assistant City Engineer

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure
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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. TKE Engineering Inc. Agreement

2. Location Map

APPROVALS

Budget Officer Approval ✓ Approved . 4/28/24 8:09 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/29/24 8:52 AM I.19
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1 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR

CACTUS AVENUE PAVEMENT RECONSTRUCTION
FROM FREEWAY I-215 TO ELSWORTH STREET
PROJECT NO. 801 0106

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 Count y of Riverside, State of California, hereinafter referred to as the “City,” and TKE Engineering, Inc. , a California corporation, 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 request ed 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 le gally capable of performing the services called for by this Agreement;
THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

2 DESCRIPTION OF PROJECT

1. The Project is described as CACTUS AVENUE RECONSTRUCTION FROM FREEWAY I-215 TO ELSWORTH STREET. Project No. 801 0106.

SCOPE OF SERVICES

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

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

PAYMENT TERMS

4. The City agrees to pay t he Consultant and the Consultant agrees to receive a "Not- to-Exceed" fee of $128,067.00 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 servic es upon receipt of written direction to proceed from the City.

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

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

8. (a) The Consultant agrees that the personnel, includ ing the principal Project I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

SPECIAL PROVISIONS

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

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

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

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

13. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled ve teran or veteran of t he Vietnam era. Subject to the foregoing I.19.a
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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

4 and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrim ination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminat e against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, wit hout regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgr ading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or adverti sements for employees placed by or on behalf of Consultant in pursuit her eof, state that all qualif ied applicants will receive consideration for employment wit hout regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

14. Indemnification.

a. Design Professional Services. To the fu llest extent permitted by law, including but not limited to Civil Code Section 2782.8, in performing “design professional services” as defined in Section 2782.8, the Consultant agrees to indemni fy, defend, and save the City, the Moreno Valley Community Services District (CSD ), and the Moreno Vall ey Housing Authority (MVHA), their officers, agents and employees har mless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise fr om or are connected with the negligent, reckless, or willful misconduct in the performance of or failure to perform the work or other obligations of the Consultant under this RFP and/or related Agreement, or are caus ed or claim to be caused by the negligent acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence, active negligence, or willful misconduct of the City, MVHA, and CSD, thei r officers, agents or employees; and does not apply to any passive negligence of City unless caused at least in part by Consultant.
b. Non-Design Professional Services. Fo r all non-design professional services, Consultant shall indemnify, defend, and save the City, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any a nd all liability, claims, demands, damages, or injuries to any I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

15. CalPERS Participation. As set forth in this Agr eement and in the Request for Qualifications, City has an obligation to treat a ll persons working for or under the direction of Consultant as an independent Consultant of City and agents and employees of Consultant , and not as agents or employees of City. Consultant and City a cknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

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

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

This section shall survive termination or expiration of this Agreement.

17. Insurance.
(a) Throughout the life of this Agreemen t, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit “E” or as may be authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. (b) If at any time during the life of th e Agreement or any extension, Consultant or any of its subconsultant fail to maintain any required insurance in full force and effect, all services and work under this Agreement sha ll be discontinued immediat ely, and all payments I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has comm enced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtai ned by Consultant sh all not be deemed to release or diminish the liability of Consultant, including, without limitatio n, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, cons ultants, sub-consultant s, subconsultants or anyone employed directly or indirectly by any of them.
(d) Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy cert ified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shal l require each subconsultant to provide insurance protection in favor of City and each of its officers, officials, employees, agents and I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

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

19. Consultant and subconsultants shall pay prevailing wage rates when required by the Labor Laws of the State of California. Consultant and all of Consultant’s subcontractors, if any, shall pay each employee engaged in all applicab le trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than t he general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistenc e pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Ha ll, as provided in Section 1773.2 of the Labor Code. Said rates shall be post ed at the Project site where work is to be performed, in accordance with Labor Code Section 17 73.2. Consultant shall access a copy of the wage rate determination and shall make al l subcontractors, if any, aware of the I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

Consultant and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

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

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

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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

21. (a) This Agreement shall terminate wit hout any liability of City to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third par ty against Consultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Proj ect; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of termination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Cons ultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith I.19.a
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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

22. This Agreement is binding upon the Cit y and the Consultant and their successors I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

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

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

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

26. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data sh all be treated as confidential and will not be released to third I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

15 parties without the prior written consent of both parties.

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

This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants t hat it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant, nor any of C onsultant’s subconsultants performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

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

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

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

30. Consultant expressly waives any and a ll rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to cl aims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of I.19.a
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0106

17 executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” _____
Initials
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever c haracter, nature and kind that are known or unknown, or suspected or unsuspec ted, including, wit hout limitation, clai ms of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

31. The Consultant shall comply with the supplementary Federal provisions described on Exhibit F (Supplemental General Conditions ) and Exhibit G (Caltrans Supplementary Conditions) attached hereto and incorporated by this reference.

30. Authority To Execute. The representative executing this Agreement on behalf of each party hereby represents and warrants that he or she has full power and authority to execute this Agreement on behalf of such party and that all approvals and other actions necessary in connection with the effective execution by him or her have been obtained and are in full force and effect as of his or her execution hereof.

SIGNATURE PAGE FOLLOWS
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aused their authorized representative to
execute this Agreement.

City of Moreno Valley TKE Engineering, Inc.

B Y : B Y :

Mike Lee, City Manager
N
a m e :

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

N a
m e :

TITLE:
(Corporate Secretary)
D a t e
Enclosures: Exhibit “A” – City Scope of Services
Exhibit “B” – Consultant Proposal
Exhibit “C” – City Services
Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements
Exhibit “F” – Supplementary General Conditions
Exhibit “G” – Contract Provisions for Non-Federal Entity Contracts under Federal A
wards

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date

RECOMMENDED FO
R APPROVAL:

Public Works Director/City Engineer
Date
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EXHIBIT “A”

CITY SCOPE OF SERVICES

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REQUEST FOR PROPOSAL
2024-003
CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO
ELSWORTH STREET (CITY PROJECT NO. 801 0106)
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552
RELEASE DATE: February 23, 2024
DEADLINE FOR QUESTIONS: March 8, 2024
RESPONSE DEADLINE: March 26, 2024, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/morenovalley

EXHIBIT A
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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT City of Moreno Valley

REQUEST FOR PROPOSAL
CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106)

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

2. PROJECT DESCRIPTION ................................ ................................ ...............

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

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

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

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

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

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

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

10. SCOPE OF SERVICES ................................ ................................ ...................

11. LABOR LAWS, PREVAILING WAGES ................................ ............................

12. Vendor Questionnaire................................ ................................ ................

Attachments:

A - Attachment A - Location Map_Cactus Avenue
B - Attachment B - Cactus CIP Form
C - Attachment C - Non-Collusion Declaration
D - Attachment D - Sample Consultant Agreement for Project Specific Services_801 0106
E - Attachment E - Exhibit 10-O1 Consultant Proposal DBE Commitment F - Attachment F - Exhibit 10-Q Disclosure of Lobbying Activities G - Attachment G - Insurance Requirements

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 3 1. NOTICE TO BIDDERS

1.1. Summary
The City of Moreno Valley desires to evaluate the existing pavement structural section and subgrade materials in Cactus Avenue from the I -215 Freeway to Elsworth Street and pro poses to reconstruct the roadway structural section with adequate thickness and strong materials to support the current and future heavy truck traffic. The improvements also include other required street enhancements including but not limited to traffic control devices, pavement markings and striping. Cactus Avenue within the limits of this Capital Project is fronting the main entrance to the March Airforce Reserve Base; therefore, the design improvements must be coordinated with the Base Engineers. The CIP sheet showing the project location, limits, and budgeted amounts is included with this RFP.

You are hereby invited to submit a proposal for providing professional consultant design services including but not limited to field survey; ROW investigation and mapping showing jurisdiction delineation, and creation of Platts and Legal Descriptions for any required ROW Acquisition, ROW/Easement negotiations through acquisition; existing pavement/subgrade material evaluation and documentation (Geotechnical evaluation); Environmental analysis, report, and clearance; existing utility research, potholing, and base- mapping; identification of all utilities a nd coordination with the each utility to establish and define the entity responsible for relocation and/or replacement of utilities to be shown in the plans and specifications; Plans, Specification, and Construction Cost Estimate (PS&E); street pavement st ructural section design as part of PS&E (including Geotech work); street drainage analysis and design; street light installation design (if required); obtain an Encroachment Permit from Caltrans District 8 on behalf of the City; design of Caltrans required improvements as agreed to by Caltrans District 8 and the City of Moreno Valley and coordination with Caltrans; and provide bidding support and design services during project construction. The selected consultants could be retained to serve the City throughout the design, bidding, and construction process.

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

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

RFP Release Date February 23, 2024
Questions & Answer Deadline March 8, 2024, 2:00pm
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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 4 Proposal Due Date March 26, 2024, 2:00pm

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Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 5 2. PROJECT DESCRIPTION

2.1. Project Description
This project will improve the existing Cactus Avenue roadway structural section thickness to withstand the current and future projected heavy truck traffic from 1-215 to Elsworth Street.

Cactus Avenue is designated as a Divided Major Arterial in the City’s Circulation Element. It borders March Air Reserve Base, which is adjacent to the south side of Cactus Avenue, in the southwestern portion of the City. This street is a designated truck route for the City and has suffered extensive damage from the truck traffic, especially near 1 -215 on the west en d of the project . The roadway section thickness, as originally constructed, is not adequate for the current truck traffic. The road needs a full depth reconstruction from the I-215 freeway to Elsworth Street. This is the location of the main entrance to the March Air Reserve Base.

The project in general consists of the replacement of the current structural section of Cactus Avenue including a total of six lanes, and an eight-foot shoulder on each side from the I-215 Freeway to Elsworth.

There are concrete sidewalks on both sides and a raised median. Cactus Avenue is designated as a six (6) lane Divided Major Arterial with eight (8) foot shoulders on each side and curb adjacent sidewalk on each side. The width is 110 ft curb to curb within a 134 ft right-of-way (per City Standard MVSI-101A-1).

The successful design firm shall calculate the adequate structural section for replacement based on factors such as the underlying soils “R” value, Truck Index, and traffic volumes and loads. Elements of the project are as follows:
• Properties South of Cactus Avenue are primarily controlled by the March Air Reserve Base and March Joint Powers Authority. Designs shall be communicated and coordinated with the March Air Reserve Base Engineers.
• The west end of Cactus Avenue, from Commerce Drive to the I-215 Freeway, are within Caltrans ROW and include an extended east bound offramp, from the Northbound I -215 to eastbound Cactus Avenue. A Caltrans permit will be required. The successful design firm shall coordinate the design with Caltrans District 8 and retain a Caltrans Encroachment Permit for this area of work on behalf of the City.
• Caltrans may require a traffic signal interconnect from the signals at I-215 to Elsworth. • Modifications to the existing signals in this stretch may be required. • This segment of Cactus Avenue is classified as a Truck Route. • An unimproved drainage ditch exists on the South side of Cactus Avenue. • Proposed improvements to Cactus Avenue shall conform to the requirements of the March Air Reserve Base Clear Zone and Accident Potential Zone 1 as necessary.

Conduct local Tribal consultations (AB-52).

2.2. Project Budget and Schedule
The Project is funded by the City of Moreno Valley with limited funds from Gas Tax (Measure A) and Development Impact Fees (D IF) for completing the design phase that includes, but is not limited to, environmental documentation and clearance (CEQA and NEPA), permitting (Local, State, and Federal as required), PS&E, and right of way engineering and acquisitions for the project . Currently there is no funding available to construct the project. The City continues seeking for various State and Federal grants and funding sources to fund the construction; therefore, all work on this project, including the construction, shall be in compliance with Federal requirements to qualify for potential future grants.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 6 The schedule will be part of the Consultants Proposal. This will be negotiated and included in the contract documents.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 7 3. GENERAL INFORMATION
Proposals must be submitted electronically vi a the City of Moreno Valley e -Procurement System, OpenGov, before the Due Date and Time as shown on Section 1.3 of this RFP, at:
https://procurement.opengov.com/portal/morenovalley

The proposer shall provide a separate file for technical proposal and a separate file for cost proposal. (Note: Cost proposals will not be opened during the review and rating of the technical proposals. Once the consultant ranking is made and top-ranked consultant is identified, only the cost proposal of the top- ranked consultant will be opened for review and contract negotiation purposes.) Unless otherwise specified, proposals submitted by any other method such as hard copy, fax, or e -mail will be disqualified.

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

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

All questions, technical, commercial, or contractual in nature shall be directed to the Questions & Answers Section on the e -Procurement System, OpenGov. No phone calls will be allowed. Contact of the City of Moreno Valley personnel directly regarding this RFP is prohibited and may be grounds for elimination from the selection process. All questions regarding this RFP must be submitted through OpenGov no later than the Questions & Answers Deadline as shown on Section 1.3 of this RFP.

Bidders experiencing any technical difficulties with the bid submission process may contact OpenGov at (650) 336 -7167 or utilize the chat bubble in the system. Neither the City, nor OpenGov, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

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

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

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

Authorized Signatories: Company personnel signing the cover letter of the proposal, or any other related forms submitted must be authorized signers with the requisite authority to represent their firm and to enter into binding contracts.

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

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 8 4. PROPOSAL CONTENT
The Consultant’s Proposal shall be no more than 20 pages, excluding executive summary, resumes, dividers, and certificates. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP will not be given further consideration.

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

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

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

B. Responses with sufficient detail to enable City to evaluate your understanding of City’s requirements, the suitability of your services and/or product(s) to meet City’s requirements, the strength of your work plan, previous experience, and current workload.

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

D. A list of deliverables.

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

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

G. A resource allocation matrix (exclude cost information).

4.3. Proposed Staff/Team
A. Information on key personnel who are expected to remain in service until completion of the contract.

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

C. Provide resumes of proposed staff/team members.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 9 4.4. Required Statements
The Consultant’s Proposal shall include the following:

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

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

C. A statement that the Consultant’s Services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in the Consultant's Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL." D. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" (if needed) containing a complete and detailed description of all of the exceptions to the provisions and conditions of this Request for Proposal upon which the Consultant’s Proposal is contingent and which shall take precedent over this RFP.

E. A statement of q ualifications 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 n umbers of the appropriate persons whom the City could contact. If one or more of the Consultant’s staff should become unavailable, the Consultant may substitute other staff of at least equal competence only after prior written approval by the City.

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

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

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

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

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

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 10 K. A statement that the Consultant will immediately document and notify the City of any defects or hazardous condit ions 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 pr ogress payments and for extra work incurred that is not part of this RFP. An itemized cost breakdown for the work described herein must be submitted in a separate file, entitled Cost file, as part of the Consultant’s Proposal submittal. All extra work will require prior approval from the City.

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

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

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

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

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

R. A statement that the Consultant offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under S ection 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 publi c works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgment by the parties.

4.5. Required Forms
Attachment C - Non-Collusion Declaration
Attachment E - Exhibit 10-O1 - Consultant Proposal DBE Commitment Attachment F - Exhibit 10-Q - Disclosure of Lobbying Activities

4.6. Cost Proposal
The proposer shall provide a separate file for technical proposal and a separate file for cost proposal.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 11 A. Cost Proposal that includes all costs associated with.

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

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

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

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 12 5. PROSPECTIVE BIDDER QUALIFICATIONS

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

5.2. Minimum Qualifications:

The proposed staff who will be providing Professional Design Consultant Services shall have the knowledge of:

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

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

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

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

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

The proposed staff shall also possess the ability to:

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

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

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

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

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

F. Operate a personal computer using standard or customized software applications appropriate to assigned tasks.

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

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

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 13 I. Organize, set priorities, and exercise sound independent judgement within areas of responsibility.

J. Exercise tact and diplomacy in dealing with sensitive and complex issues and situations.

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

5.3. Education, Training and Licenses:

Registered Professional Civil Engineer License.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 14 6. SUBMISSION OF PROPOSALS
Written responses to the RFP must be prepared as specified in proposal content, as to form, content, and sequence. No changes to responses may be made after the submittal deadline.

The requested proposal shall be uploaded to OPENGOV on or before, but no later than the Date and Time as shown on Section 1.3 of this RFP. Any responses received after this time will not be considered by the City.

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

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

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

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 15 7. EVALUATION AND RANKING OF PROPOSALS
In accordance with the Chapter 3.12 PURCHASING City Municipal Code’s objective of selecting the most qualified consultant for providing the requested services, a Review Board which is composed of appropriate staff representatives an d/or qualified outside representatives, will review the proposals received and select the most qualified firms. Review Board shall rank the prospective bidder's based upon the following criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience and Qualifications
Information about the company (and all sub-
consultants) including professional licenses
held; ability to furnish required insurance and
meet stipulations of the City’s “boiler plate”
agreement; details about comparable projects
completed by the firm, as well as local
experience; and its ability to provide the
required services.

Points Based 20
(20% of Total)

2. Experience of Key Personnel
Background on key personnel (including all
sub-consultants) qualifications, abilities,
familiarity with state and federal procedures,
local experience on comparable projects and
length of service with the firm, reference
information preferably with municipal
agencies.

Points Based 40
(40% of Total)

3. Project Approach/Understanding
Discussion of major issues identified on the
project and how the consultant team plans to
address them; the management approach and
organization necessary to complete the
specific project; and outline quality control
measures to ensure delivery of a quality
product on time and within budget.

Points Based 40
(40% of Total)

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Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 16 8. AWARD
A. After conclusion of the Evaluation and Ranking of Proposals processes, a Notification of Intent to Award may be sent to any prospective bidder's selected.

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

C. Prices are firm fixed prices during each contract period.

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Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 17 9. SPECIAL TERMS AND CONDITIONS

9.1. Termination
A. If, in the opinion of the City of Moreno Valley, the awarded consultant fails to perform or provide prompt, efficient service, the City must have the right to terminate or cancel the Agreement upon 30-day’s written notice and pay Provider for the value of the actual work satisfactorily performed to the date of termination.

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

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

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

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

C. CalPERS Retiree Disclosure. 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.

D. Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, CONSULTANT shall within five days and share all c ommunications and documents from CalPERS that it may legally share. In the event that either CONSULTANT or City files an appeal or court challenge, CONSULTANT and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.

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Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 18 9.3. Managing Federal and State Funded Projects
Depending on future funding sources, the Consultant may be assigned to manage certain federal and state-funded projects under FHWA, HUD, FEMA , and/or State Bills (SB). The work and/or services to be provided by the Consultant shall comply with all pertinent local, State, and Federal laws and regulations.

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

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

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

9.4. Indemnification

9.4.1 Design Professional Services. To the fullest extent permitted by law, including but not limited to Civil Code Section 2782.8, in performing “design professional services” as defined in Section 2782.8, the Consultant agrees to indemnify, defend, and save the City, the Moreno Valley Community S ervices District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees, and all c laims which arise from or are connected with the negligent, reckless, or willful misconduct in the performance of or failure to perform the work or other obligations of the Consultant under this RFP and/or related Agreement, or are caused or claim to be ca used by the negligent, reckless or willful misconduct of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, MVHA, and CSD, their officers, agents or employees.

9.4.2 For all non-design professional services, Consultant shall indemnify, defend, and save the City, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of the Consultant, or are caused or claim to be caused by the acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, MVHA, and CSD, their officers, agents or employees.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 19 10. SCOPE OF SERVICES

10.1. Project Description
Cactus Avenue is a major arterial bordering March Air Reserve Base in the southwestern portion of the City. This road is a designated truck route for the City and has suffered extensive damage from the trucks, especially near 1-215. The roadway section thickness, as originally constructed, is not adequate for the truck traffic. The road needs a full depth reconstruction from the I -215 Freeway to Elsworth Street, which is the location of the main entrance to the March Airforce Reserve Base.

The project consists of all services required to complete PS&E for a major road reconstruction project including but not limited to: Complete Geotechnical Analysis and the use of the Truck Traffic Index to design the proper structural section for Cactus Ave; survey; street design; ROW analysis, negotiation, and acquisition; traffic control devices; street light designs; striping and pavement markings; location of existing utilities; coordination with utility companies to determine the relocation of utilities or “protect in place”; apply for and obtain an encroachment permit for construction from Caltrans District 8 on behalf of the City for all proposed work within Caltrans ROW; support during the bidding process for clarification of the Plans and Specifications; and support during the construction process for Contractor Submittals and RFIs.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Request For Proposal #2024-003
Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 20 11. LABOR LAWS, PREVAILING WAGES
All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America.

Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, denial of family and medical care leave, religious creed (including religious dress and grooming practices), color; national origin (including language use restrictions), ancestry, physical disability or mental disability (including HIV and Aids), medical condition (cancer and genetic characteristics), genetic information, military or veteran status, marital status, gender, gender identity, gender expression, sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), age or sexual orie ntation. Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

This contract is subject to prevailing wage law, including but not limited to California Labor Code 1720 et seq. Without limiting the generality of the forgoing, Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work o f a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Inte rnet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code.

Notwithstanding anything else to the contrary, Contractor he reby acknowledges that all contractors and subcontractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. The Project is subject to compliance monitoring and I.19.a
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Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 21 enforcement by the Department of Industrial Relations. In accordance with Section 3700 of the Labor Code, Contractor must secure payment of compensation to all Contractor’s employees. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

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Title: CACTUS AVENUE PAVEMENT RECONSTRUCTION: I-215 TO ELSWORTH STREET (City Project No. 801 0106) 22 12. Vendor Questionnaire

12.1. Please download the document below, complete, and upload.* • Attachment_C_-_Non-Collusio...
*Response required

12.2. Please download the document below, complete, and upload.* • Attachment_E_-_Exhibit_10-O...
*Response required

12.3. Please download the document below, complete, and upload.* • Attachment_F_-_Exhibit_10-Q...
*Response required

12.4. Proposal Upload*
*Response required

12.5. Cost Proposal Upload*
*Response required

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EXHIBIT “B”

CONSULTANT PROPOSAL

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Mo r e n o V a l l e y , C A 9 2 3 3 5
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Prepared for:

City of Moreno Valley
Capital Projects Division
14177 Frederick Street
Moreno Valley, CA 92552
Phone: (951) 413-3100

Prepared by:

TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President Phone: (951) 680-0440
Fax:(951) 680-0490
Email: [email protected]

TABLE OF CONTENTS
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Cactus Avenue Pavement Reconstruction:215 to Elsworth Street Project 801 0106
City of Moreno Valley

SECTION 1 | EXECUTIVE SUMMARY
March 26, 2024

Evaluation Panel

CITY OF MORENO VALLEY
Capital Projects Division
14177 Frederick Street
Moreno Valley, CA 92552

Subject: Request for Proposal 2024-003 Cactus Avenue Pavement R econstruction: I -215 to Elsworth Street (City ProjectNo.801 0106)

Dear Evaluation Panel:

Thank you for the opportunity to present this material outlining TKE Engineering, Inc.’s qualifications to provide professional design engineering services to the City of Moreno Valley (City). Enclosed herein is our proposal. TKE is a full service, multi - disciplinary consulting firm highly qualified to perform the pavement rehabilitation design services required and we are enthusiastic about the opportunity to assist the City.

Why should the City choose TKE to provide Consulting Engineering services? Please consider the following:

1. Our Team – The City will benefit greatly by continuing the vision, leadership, and dedication to community exhibited by TKE’s project team. Our experience in the region, numerous accomplishments and management skills will help maintain continuity in the delivery of the services. In particular, Terry Renner, TKE’s client representative and primary contact, is a registered civil engineer and land surveyor in the state of California and has a vast amount of similar experience. Mr. Renner’s experience extend s from project planning to design and bidding through construction. His excellent project management skills will provide a great benefit to the City.

2. Our Experience and Qualifications – TKE is a firm capable of managing and delivering the pavement rehabilitation services presented in the RFP. We specialize in project management, design and construction administration of pavement rehabilitation, street and traffic public works and improvement projects. TKE’s broad range of successful services includes turnkey programs, project management, and delivery for a diverse array of projects. A list of projects that TKE has successfully completed is presented in our proposal. The City will benefit from our broad range of experience through our intimate understanding of the common pitfalls for each project variation, and our past history of successfully overcoming these challenges. TKE’s extensive funding administration experience will also greatly benefit the City.

3. Proposal Validity – This proposal shall remain valid for a period of not less than 60 days .

TKE would very much appreciate the opportunity to submit a comprehensive proposal to provide on- call services and would appreciate the opportunity to interview with City staff. If you have any questions, please call Terry Renner, who is legally authorized to sign contracts on behalf of TKE Engineering, Inc., at (951)680- 0440 or e -mail at [email protected] .

The sole TKE office is located at 2305 Chicago Avenue, Riverside, CA, 92507 – approximately 15 minutes from the proposed project site. Thank you for your consideration.

Sincerely,

Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
TKE Engineering, Inc.

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City of Moreno Valley

SECTION 2 | TECHNICAL PROPOSAL

SECTION 2 | TECHNICAL PROPOSAL
A.PROJECT UNDERSTANDING
TKE has an extensive history with pavement rehabilitation and pavement analysis report preparation. We have
prepared numerous pavement management and analysis
reports to document pavement conditions, reasons for
failure and recommended treatments. Asphalt pavement
is a flexible surface which requires proper subgrade
preparation, structural support and regular maintenance to ensure its maximum life potential. The two primary
keys to asphalt pavement longevity is limiting asphalts ability to flex and preventing water infiltration. Our experience with asphalt pavement rehabilitation will
provide the City with viable pavement treatment options to maximize cost savings potential while constructing a pavement surface designed to withstand the traffic
loading witnessed on the roadway.

TKE reviewed the existing improvements and pavement
conditions within the project limits of the Cactus Avenue Pavement Reconstruction I-215 to Elsworth- to familiarize ourselves with the project requirements and proposed
treatment methods. In our review we have identified
varying stages of pavement failure ranging from areas of complete failure (densely alligatored cracking, heavy
rutting and potholing) to moderate \early failure
(consistent transverse and longitudinal cracking within portions of several lanes at the wheel paths), and to good conditions (light, sporadic longitudinal and transverse cracking or no cracking visible). TKE will identify a series of treatments using conventional asphalt, recycled
pavement and rubberized asphalt methods to provide the
City with the most cost -effective treatment. In our
recommendations, TKE will include judgement for
constructability, treatment process duration, quantities for each type of rehabilitation strategy, traffic control, vehicular traffic volume and maneuverability, commercial businesses and pedestrian traffic. We will review with the City and adjust our treatment methods to take advantage of economy of scale, higher construction efficiencies, and lower labor-intensive methods to bring the City the best value for their dollar.

TKE Engineering, Inc. | AT A GLANCE

City/District Engineer
City/District Engineer in 7 Cities/Districts

Staff Augmentation
TKE currently provides Staff Augmentation in 15
Cities / Counties / Districts

On-Call Contracts
TKE currently provides Engineering, Project
Support, and CIP Design services for more than
30 Cities / Counties / Districts throughout
Southern California

Size of Organization
53 Professional Engineers, Project Managers,
Surveyors, Plan Checkers, Inspectors, Designers,
Construction Managers, and Support Staff

Location of Office
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507

Years in Business
TKE has conducted business for the past 24 years
and has 24 years of experience in providing
engineering design services for pavement
rehabilitation projects.

Company Structure
TKE is a California Corporation founded in June
2000. TKE is not a subsidiary. California Business
License Number: 00109901

Firm Owners
Michael P. Thornton, P.E., P.L.S., M.S. – President
Terry Renner, P.E., P.L.S., Q.S.D. –
Senior Vice President
Steven W. Ledbetter, P.E. Vice President

City of Moreno Valley
Point of Contact
Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
2305 Chicago Avenue
Riverside, CA 92507
Phone: (951) 680-0440
Email: [email protected]
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SECTION 2 | TECHNICAL PROPOSAL

Desert Lawn Drive | Calimesa, CA
With every pavement rehabilitation project it is critical to review traffic signal operations and ensure that traffic signals which are using loop detection are called for
replacement. There are four traffic signals within the limits of the project, two o f which are maintained by
Caltrans within the State right -of-way. For any project removing and replacing loop detection, it is required that new loop installation include bicycle detection as well.

The signals at State Route 215 appear to be using loop detection methods, therefore TKE will coordinate with
the City and Caltrans to identify all existing loops requiring replacement and include them on the construction plans.

For areas where bicycle detection is not present, TKE will identify the installatio n of new bicycle loop detection and/or video detection zones which would identify
bicyclists.

Another requirement for pavement rehabilitation
projects in California is curb access ramp
replacement/upgrade to ADA compliance. For projects
performing more than a slurry/chip seal, the State
requires all curb access ramps be upgraded to meet ADA
requirements. In addition, pavement rehabilitation
projects within Caltrans right -of-way will require the ramps to be upgraded to Caltrans standards which
exceeds ADA requirements (max slopes of 7.5% in ramps,

1.5% at landings and width of 5 -feet). The projec t limits include 6 ramps which will need to be assed for removal and reconstruction to ADA standards.

B. COMPANY OVERVIEW
TKE Engineering, Inc. (TKE), a California Corporation, was established in June 2000, and in the last twenty-four years has developed into one of Southern California’s premier full-service consulting engineering firms. TKE was
established with the goal of providing turnkey services for municipal projects in order to benefit our community. As a result of the focus of a firm on this mission, TKE has earned a reputation for thoroughness, rapid turnaround, cost efficiency and, overall quality of work. We are a
highly motivated, dynamic firm with the goal of being the City of Moreno Valley’s preferred consultant.

TKE provides turnkey pavement rehabilitation services to numerous municipalities throughout Riverside, San
Bernardino, Los Angeles, and Orange Counties. The
municipal services provided by our firm include Pavement Analysis and Pavement Rehabilitation Design, Traffic
Engineering, ADA and Pedestrian Improvements, Agency
Coordination, Construction Management, Inspection,
Project Development, CIP Design, Surveying, Project and Plan Checking, Program Management, Utility Company
Coordination and Management, Publi c Outreach, Grant
Funding, Federally/State Funded Project Management,
and Construction Surveying services. Our wide range of
services provides our team with an intimate knowledge
and experience of the common pitfalls for each project
variation and our past history of successfully overcoming these challenges.

TKE’s main office is located in a business -owned 7,000 square-foot office building at 2305 Chicago Avenue in
Riverside, located approximately 15 minutes from the City of Moreno Valley (City) allowing us to mobilize and
respond to the City’s needs at a moment’s notice. TKE
currently maintains a staff of 53 designers, engineers, surveyors, inspectors, project and construction
managers, drafters, and clerical personnel.

City of Yucaipa | Citywide Pavement Rehabilitation
C. RELATED SERVICES
TKE has been providing design services to Cities on
pavement rehabilitation and street improvement projects for the past 2 4 years. In addition, TKE has prepared
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City of Moreno Valley

SECTION 2 | TECHNICAL PROPOSAL
specialty pavement analysis reports for City’s to research and analyze pavement deterioration and equivalent
single axle loading. TKE’s design team has been
responsible for the design and construction of more than 100 miles of pavement rehabilitation projects.

TKE plans to utilize our design experience to perform field reconnaissance of the proposed project areas and utilize our knowledge and experience from local Cities’ past and current street rehabilitation projects to determine
removal limits and indicate areas of potential concern.

TKE’s vast experience with public agencies in general, as well as all aspects of public works engineering projects, provides us with a distinct advantage to ensure the
project is completed on schedule and within budget. TKE is familiar with a variety of pavement rehabilitation
treatments including cold in- place recycling, micro -
surfacing, cold mill and overlay, and full depth removal and replacement.

TKE also has a history of providing pavement
deterioration analysis studies to various Cities within Southern California, including for the Cities of Redlands, Highland, and Yucaipa. The studies include reviewing
equivalent single axle loading to determin e the main
contributors to pavement deterioration on each of the
various street classifications within the City. TKE’s
experience with pavement rehabilitation projects and
studies ensures the project design will maximize the City’s budget and provide for a long-lasting pavement solution.

PROJECT MANAGEMENT
TKE provides effective project management services to a variety of clients. We have successfully delivered
extensive and highly visible street improvement, drainage improvement, facility improvement and park
improvement projects in numerous Cities throughout
Southern California. TKE’s approach has consistentl y allowed our partner agencies to fulfill their missions of delivering the best value for the public’s investment.

TKE’s management approach includes:

MONTHLY

PROGRESS REPORTS
TKE documents project progress for all project assigned to TKE by a comprehensive project management
summary. The summary includes project name and
related number, description of progress, budget status, schedule compliance, and anticipated upcoming
accomplishments.

COMMUNICATION
Communications with agencies’ staff and developers is
another important component to effective project
management. In addition to the monthly progress
reports, TKE meets with clients and developer as needed to ensure the
projects are proceeding as anticipated. We
document each discussion or meeting with notes and
electronically mail them to the project team within three days of the meeting/conference indicating action items
and a schedule for completion of these items.

RECORD KEEPING
TKE keeps records in an organized filing system both in hard copy and electronic forms. This organized filing
system allows TKE to access records immediately should
they be needed.

PUBLIC

MEETINGS
TKE meets with project stakeholders as needed including City Council, the public, permitting agencies, utilities, etc. We meet with them at the project’s onset and
throughout the course of project development to ensure
all stakeholder project needs are co nsidered in the
project design. All meeting preparation (City Staff
Reports, agendas, exhibits, slide shows, etc) will be
prepared by TKE for each meeting. Again, meetings will be documented. TKE has provided numerous similar
presentations to Councils ( closed sessions, council
meetings, community meetings, etc.).

TEAM

MEET INGS
Team meetings include all City parties that have any
interest in the project development. In particular, the City’s Community Development Department will be a
close working partner with the City engineer in
development project processing and environmental
compliance for capital projects. TKE has already
developed a working partnership with other members of
the City’s planning staff and will effectively works with him to complete expediting project processing.

TKE’s fundamental values in delivering
projects align with the City of Moreno
Valley’s Mission: to operate with Honesty,
Integrity, and Truthfulness.

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CIVIL ENGINEERING
TKE provides licensed Civil Engineering Services. We can provide a Civil or Resident Engineer on an interim, full- time, or part-time basis under a staffing contract. TKE’s Civil Engineering projects have included:

Δ Local streets and road design
Δ Pavement Management systems
Δ Grading studies, design and earthwork analysis
Δ Capital Improvement Programs (CIPs)
Δ Neighborhood improvement preservation
Δ Hydrologic Studies/Hydraulic Design
Δ Storm Water Pollution Prevention Plans (SWPPP)
Δ Sediment and Erosion Control Facilities
Δ Hydromodification Studies/Water Quality
Management Plans (WQMPs)
Δ Storm Drainage Infrastructure Planning and
Design
Δ Sanitary Sewer Infrastructure Planning and
Design
Δ Potable and Recycled Water Infrastructure
Planning and Design
Δ Floodplain Analysis and Mapping
Δ Preparation of FEMA Requests for Letters of
Map Revisions
D. PROJECT APPROACH
Successful project delivery is our goal. Our definition of successful project delivery is:

Δ Project completion that meets all project
requirements and specifications
Δ Project completion within budget
Δ Project completion on schedule
Desert Lawn Drive Pavement Rehabilitation | Calimesa, CA Our goal is not limited to the design of the projects only, but includes the incorporation of value engineering and constructability review. Through the examination of
specific design alternatives, we will identify the most cost- effective pavement rehabilitation alternative that meets design requirements and will provide for the greatest
opportunity for longevity and expedited construction, which allows us to consistently deliver projects that use public resources in a very wise and responsible manner.

We have developed this project approach in order to
maintain an expertise in our core business of high priority projects with tight budgetary constraints.

Our approach to your project, recognizing that both cost effectiveness and expedited construction are of primary concern, dictates that very close working partnership
between the selected consultant and the City is vital to successful project completion. When this is coupled with the various site constraints, it is critical that the City choose a consultant team with a proven track record of
delivering design projects. With a familiar team of senior level design and construction professionals, TKE is the right choice for this project.

As mentioned above, our experience tells us that there
must be a proactive approach to completing the work in
order to complete a cost effective fully functioning public works project. This approach includes early identification of critical elements, and development of project schedule and tasks.

The most important key to every public works project is management. TKE, working closely with City staff, will ensure that the project is managed properly to expedite project delivery. Project development will generate a
series of considerations requirin g City responses. Our close working partnership will lead to the proper
decisions and ultimately a fully operating, cost effective public works improvement project.

TKE also understands the limits on the City’s budget,
particularly funding. Because of the limited budget for Citywide Pavement Rehabilitation | Moreno Valley, CA
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City projects, it is vital to keep costs controlled. Our approach to controlling costs is to utilize our considerable experience with design to assist in providing
constructability reviews and cost estimating based on
current information from our on -going and recently
completed projects.

E. CRITICAL ISSUES

CRITICAL ISSUES

CALTRANS ENCROACHMENT

PERMITTING

TKE’s wide range of successful project delivery has
enabled us to forge relationships with the various
resource agencies necessary for complex encroachment
permitting. We have successfully acquired permits from Caltrans, as well as local City permits, on more than 50 projects throughout our history. We are familiar with the Caltrans requirements to provide information
documenting all curb access ramps meet ADA compliance
as well as preparation of Design Standard Decision
Documents for any improvements wh ich do not meet
Caltrans Standards. In addition, TKE is familiar with the Caltrans ADA ramp requirements exceeding the baseline
requirements of ADA for slope and width. Our long-
standing relationships and permitting experience allows us to expedite the p ermitting process and provides the City knowledgeable experts to turn to in order to avoid future challenges.

PAVEMENT REHABILITATION
Review of the PCI ratings and pavement conditions at the site indicates that pavement conditions are widely varying each street segment will be analyzed to determine the
most appropriate and cost-effective method of pavement
rehabilitation. TKE will provide geotechnical investigation for specific pavement design . W here full removal and
repair are likely , samples will be taken in the street subgrade for laboratory testing to determine the correct section for street design.

RAMP TRANSITIONS

For ramp construction projects, transitions to existing improvements are typically the most challenging
component of design, especially in fully developed areas where private improvements were constructed with
insufficient setbacks to properly install the proposed
improvements to today’s standards.

It appears that private improvements such as fences,
walls, and landscaping may be impacted by ramp
construction. TKE will identify such impacts early during project design and will develop an action plan for working with residents that may be impacted. Our goal will be to complete ramp design that will fully comply with ADA
requirements within the City’s right -of-way at the same time as minimizing private property impacts

IDENTIFICATION OF CRITICAL DESIGN

ELEMENTS

Our approach to this critical issue will be to immediately initiate field review, perform very thorough records
research, and document all the critical design elements so they can be presented to the City. The elements include the location of any areas the location of any areas that will require special construction methods, additional
permitting requirements or pavement rehabilitation
strategies in order to ensure proper pavement
construction.

EXPERIENCE WITH COMMON

CHALLENGES

TRAFFIC CONTROL
TKE’s wide range of successful project design delivery and construction management has enabled us to understand
common mistakes that lead to difficult, more expensive
construction. TKE inherently analyzes all design
alternatives against such factors as traffic control and tread paths to provide the most cost effective and
constructible alternative available.

ACCURATE COST ESTIMATING
Because of the limited budget, it is vital to keep costs controlled. Our approach to controlling costs is to provide frequent and accurate cost estimates by using TKE’s
detailed cost estimating database. In addition to using this database, TKE utilizes o ur considerable experience with Construction Management to assist in providing
constructability reviews and cost estimating based on
current information from our on- going projects. Finally, with the current economic climate, construction costs are The TKE Team will work strategically to
ensure a viable financial plan for the City of
Moreno Valley is achieved with measurable
results.

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widely varying. We will also discuss the project’s
elements with local contractors to assure that we have
the most current construction information available so
that the City can get the most “bang for their buck”.

F. WORK PLAN
Scope of Professional Services is presented in the
following paragraphs:

TASK NO. 1 - PROJECT

MANAGEMENT
TKE’s Project Manager will be responsible for the entire project team. He will attend all meetings, prepare
agendas and corresponding meeting minutes together
with collection of signatures for meeting attendees (sign- in sheets). He will meet with the City at appropriate times and will meet as needed with agencies, businesses,
property owners, and utilities in addition to the meetings presented below. He will also update the project budget and schedule prior to each City meeting for discussion
with staff.

Deliverables: Meeting Minutes, Agendas and Sign- In
Sheets
TASK NO. 2 - INITIAL ‘KICK
OFF’ MEETING
Prior to commencement of services, we propose to meet
City staff to review project obligations and to discuss all project requirements in detail. In addition, we will discuss the project’s scope of services and our detailed project schedule. We also utilize this meeting to reach
agreement on a communication protocol and to acquire
City existing utility plans, street plans, monument ties, and/or benchmarks.

Deliverables: Agenda, Minutes, and Distribution to all
Entities
TASK NO. 3 - RECORDS

RESEARCH
We will thoroughly research existing utility records and acquire copies of all available records. The purpose of the records research is to assemble survey records to
establish locations of street centerlines and street rights- of-way and determine locations of all existing surface
improvements.

The research will consist of assembling copies of
assessors’ maps, tract maps, parcel maps, monument ties, benchmark data, corner records, street improvement
plans, and utility drawings. We will request the City
provide copies of available pertinent City records, such as survey ties, benchmarks, and street, and/or drain
improvement plans.

Deliverables: Record Data and Utility Information
TASK NO. 4 - DESIGN

S URVEYING
We propose to use conventional surveying to prepare the base construction drawings. Our field survey crew will locate existing street centerline monuments utilizing
survey control data. The crew will measure the horizontal angle, horizontal distance, and vertical elevation
difference between each survey monument. We will
complete a traverse for each survey to ensure
closure. Elevations will be t ied to existing City
benchmarks. We will collect appropriate detail as
required including edge of pavement, driveways, curbs,
gutters, cross gutters, walkways, sidewalks, fire hydrants, water valves, manholes, water meters, trees, signs, street lights, power poles, and all other visible features.

Deliverables: Ground Topography, Utilities and Data in
ASCII Format with Description Codes.

TASK NO. 5 – FIELD

RECONNAISSANCE
TKE will perform field reconnaissance to collect
appropriate detail as required to identify existing
improvements and existing areas of reconstruction. Data collected from the field reconnaissance will be used to prepare the base construction drawings and identify the limits of removals and required concrete replacements.

Deliverables: Removal Limits Exhibit
TASK NO. 6 - BASE

CONSTRUCTION DRAWINGS
Utilizing the provided survey data, we will prepare the base construction drawings on 24” by 36” sheets with the City’s standard title block using AutoCAD 2020 software, utilizing the City’s layering system, at a drawing scale of 1”=40’. The base construction drawings will include a
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and utilities (based on both assembled records and field data), property lines, public and private right -of-way, easement areas, assessor parcel numbers, street
centerline, street names, water service location; sewer manhole lids and water valve lids; cros s gutters;
driveways, pedestrian ramps; traffic stripes and legends; curb returns; mailboxes, trees and landscaping, and
survey data to the plan view portion of the drawings.

Once the base drawings are complete, we will perform a
careful field review to ensure all underground facilities are shown correctly.

Deliverables: Base Construction Drawings in Plan View
TASK NO. 7 GEOTECHNICAL

INVESTIGATION
We would propose to retain Aragon Geotechnical, Inc.
(AGI) as a sub consultant to provide Geotechnical services for the project. AGI will provide geotechnical evaluations and recommendations of grading, earthwork, and
pavement design. They will perform the following:

Δ Drilling, sampling and logging of necessary
borings for evaluation of street structural
section. AGI will notify Underground Service
Alert and will provide necessary traffic control
for the field operations. The borings will be
drilled to a depth of at least five feet. The
asphalt pavement thickness and base thickness
will be noted during the boring operations.

Δ Design of street structural section using the
City’s provided traffic indices.

Δ Laboratory testing of representative soil
samples to evaluate in -situ moisture content,
density tests, max density and optimum tests,
sieve analysis, R -value, direct shear tests,
consolidation and collapse tests and corrosivity
characteristics of the on-site soils.

Δ Data compilation and geotechnical analysis of
existing geotechnical maps, reports, and field
and laboratory data to provide
recommendations for pavement
design. Analysis will include recommendations
for new pavement section alternatives, based on
the traffic indices and R-value testing.

Δ Preparation of a report presenting our findings,
conclusions and recommendations pertaining to
design, compaction requirements, and subgrade
preparation for each street. In addition, the
report will provide recommendations for asphalt
pavement recycling and other
recommendations, which would include cost
saving treatment methods.

Deliverables: Geotechnical Report and Field Log Data
TASK NO. 8 - 60% DESIGN
60% Design will include preparation of preliminary
construction drawings, preliminary technical
specifications, and preliminary construction estimates.

Construction drawings will show proposed pavement
rehabilitation strategies and damaged concrete
replacement including locations of proposed curb, gutter, sidewalk, spandrels, cross gutters and ramps. In addition, all existing ramps will be reviewed for A DA compliance and all non -compliant or missing ramps will be
constructed. Proposed improvements will be designed in accordance with the City’s, APWA and SSPWC current
design standards and specifications.

For the drawings, we will prepare a title sheet,
construction notes sheet, demolition plan sheets,
plan/profile sheets, signing and striping sheets, and
necessary detail sheets.

The title sheet shall include the title of the job, a vicinity map showing the City in relationship to surrounding
communities, a location map showing the project limits, a list of abbreviations used, benchmark data, general notes, construction notes and quantities, an index for the
drawings, list of utilities with phone numbers, and
references on the City’s standard title block.

The construction note sheet will show general
construction notes and project specific requirements.

The pavement sheet will show existing pavement
demolition and reconstruction limits for all pavement
strategies including, pavement removal, cold milling, saw cutting locations and limits, existing improvement and
concrete improvement removals, as required. In
addition, the plan will specify proposed improvemen ts
including curb and gutter, cross -gutters, ramps,
pavement rehabilitation methods and limits, overlay
limits, and manhole, valve, and vault cover grade
adjustments.

The signing and striping sheets will show existing and
proposed lane striping, pavement markings, signage and
traffic loops replacement.

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The construction detail sheets will include appropriate standard details and special ramp construction
requirements, all at appropriate drawing scales.

For the specifications, we will prepare the Standard
Technical Provisions as required for the projects. The construction specifications will be prepared in Microsoft Word (2020 Version) format in accordance with City
standards.

In addition, we will prepare quantity estimates for all proposed improvements prepared using an excel
spreadsheet showing an itemized construction cost
breakdown. Descriptions of work, unit prices, and
quantities will be included in the spreadsheet.
60% Design (preliminary construction drawings,
preliminary technical specifications, and preliminary
construction estimates will be submitted with a project summary memorandum together with an updated
project schedule, and utility contact matrix.

Deliverables: 60% Design Sheets
TASK NO. 9 - 60% DESIGN

REVIEW MEETING
After 60% design is complete, we will forward 2 copies of the drawings to the City for review. After the City has completed its review, we will meet with City staff to
acquire Staff’s comments.

Deliverables: Meeting Agenda, Minutes and Final Design
Approval
TASK NO. 10 – CALTRANS

PERMIT ACQUISITION
After the 60% design comments are provided to TKE, we
will begin application preparation for the required
Caltrans encroachment permit. Upon completion of the
application, TKE will submit application to Caltrans,
provide follow up correspondence and track permit
progress through completion.

Deliverables: Permit Application
TASK NO. 1 1 – 90% DESIGN
90% design will include incorporation of City comments
for revised plans, specifications, estimates, pavement
rehabilitation design, signing and striping plans. 60% design will include final submittal of specifications,
quantities, and estimates for City review.
90% Design will be submitted with a project summary
memorandum together with an updated project schedule
and cost estimate.

Deliverables: 90% Design Sheets
TASK NO. 1 2 - 90% DESIGN

REVIEW MEETINGS
After the City has completed its review, we will meet with City staff to acquire final Staff comments.

Deliverables: Meeting Agenda, Minutes and Final Design
Approval
TASK NO. 1 3 - FINAL

DOCUMENTS
Final documents will include incorporation of City final comments, and final documents ready for public bidding.

Final documents will include mylars and hard copy
specifications and estimates with signatures and
electronic copies of final documents.

Deliverables: Plans, Specifications, Estimates
G. EFFECTIVE QA/QC
TKE takes pride in its reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of work, and believes that a high level of quality is needed on all service provided by TKE. Key components of the Program include check lists, field reviews, and discussion with City staff. High quality services yield the following tangible results:

Δ Ease of oversight
Δ Smoother processing
Δ Minimal delays in the bidding phase
Δ Healthy number of bidders
Δ Consistent bids
Δ Minimized construction support cost
Δ Absence of design-related change orders
Δ Reduced claims and dispute resolution costs
TKE believes that the most successful quality assurance program is one that is applied inherently throughout the entire process. This program requires not only formal
procedures for checking, but encourages the
conscientious effort of experienced people t o always
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“think quality” in every task performed throughout the
design process. This program has become a natural
element in all aspects of TKE’s management activities, and will guide all services provided by TKE.

Effective QA/QC includes:

Δ Staff training and development
Δ Assignment of experienced staff
Δ Continuity of staffing
Δ Project-specific work plan
Δ Schedule compliance
Δ Comprehensive field review and compilation
of site data
Δ Established design procedures
Δ Established detailing standards
Δ Established checking procedures, including
independent in-house QA/QC review
Δ Dual (independent) quantity estimates
Δ Review by Constructability expert
TKE’s vast experience in design services and construction management, our knowledge of the City in general, as
well as all aspects of public works engineering projects, provides us with a distinct advantage to ensure the
project is completed on schedule an d within budget.

TKE’s effective management style and our inspectors’
knowledge of Public Works inspection projects enable
early identification of design and construction errors
which helps expedite construction and keep our projects within budget.

EXAMPLE OF EFFECTIVE QA/QC

During the construction of the San Bernardino Avenue
Trunk Sewer, TKE was able to effectively relocate a major underground Southern California Edison transmission
main and avoid a six -month delay to the construction
schedule. In addition, as a result of our effective in-house constructability review and construction expertise, our team was able to recommend a solution that reduced the
amount of import for the Pacific Electric Trail, Segment 6, by approximately 9,500 cubic yards, avoiding a potential change order in the amount of $50,000.

San Bernardino Avenue | Trunk Sewer

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H. PROJECT EXPERIENCE
CALIMESA CITYWIDE PAVEMENT REHABILITATION PROJECT PHASE 1 City of Calimesa, CA

Client Contact: Will Kolbow
Phone Number: 909-795-9801
Email: [email protected]
Project Cost: $1.9M
Completion Date: May 2023

DESCRIPTION
The citywide pavement rehabilitation project included various pavement rehabilitation strategies for 12 residential and arterial streets throughout the City of Calimesa. The project included more than 400,000 square feet of full depth removal and replacement, grind and overlay along with replacement of damaged cross gutters, spandrels, curb, driveways and curb access ramps. The project also included coordination with Caltrans to obtain a permit for construction within the State right-of- way for repaving the Sandalwood overcrossing of the Interstate 10 Freeway.

SERVICES
Services included ARPA funding administration, design, topographic surveying, pavement rehabilitation strategy, utility coordination, plans, specifications and estimate preparation and Caltrans permitting.

KEY STAFF
Michael P. Thornton, P.E., P.L.S., Terry Renner, P.E., P.L.S., Q.S.D., Brian Wolfe, P.E., Octavio Parada, Ron Musser, P.L.S.

CALIMESA CITYWIDE PAVEMENT REHABILITATION PROJECT PHASE 2 City of Calimesa, CA

Client Contact: Will Kolbow
Phone Number: 909-795-9801
Email: [email protected]
Project Cost: $2.2M
Completion Date: On-Going

DESCRIPTION
The citywide pavement rehabilitation project included various pavement rehabilitation strategies for 12 residential and arterial streets: 2nd Street from County Line Road to E Avenue L, Fisher Court from 2 nd Street, Alton Court from 2 nd Street, Fremont Street from County Line Road to E Avenue L, E Avenue L from Fremont Street to West, Homles Street to County Line Road, 4 th Street from County Line Road to W Avenue L, Ponderosa Trial from Mulberry Lane to Smokeridge Trial, Lone Star Court to Sandalwood Drive, Nugget Court from Sandalwood Drive, Gold Spur Court from Canyon View Drive, Canyon View Drive from 3 rd Street. The project included more than 400,000 square feet of full depth removal and replacement, grind and overlay along with replacement of damaged cross gutters, spandrels, curb, driveways and curb access ramps.

KEY STAFF
Michael P. Thornton, P.E., P.L.S., Terry Renner, P.E., P.L.S., Q.S.D., Brian Wolfe, P.E., Octavio Parada, Ron Musser, P.L.S.

RELEVANCE TO MORENO VALLEY
• Caltrans Permitting
• Pavement Rehabilitation for
Major Roadway
• Residential Pavement
Rehabilitation Project
• Striping Project
• PCC Improvement
Reconstruction
• Various Pavement Strategies
• Community Outreach Efforts

RELEVANCE TO MORENO VALLEY
• Pavement Rehabilitation for
Major Roadway
• Residential Pavement
Rehabilitation Project
• Striping Project
• PCC Improvement
Reconstruction
• Various Pavement Strategies
• Community Outreach Efforts
• Community Outreach Efforts
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WILDOMAR CITYWIDE PAVEMENT REHABILITATION IMPROVEMENTS
City of Wildomar, CA

CITYWIDE PAVEMENT REHABILITATION PROGRAM (ARTERIALS) FY 2021/22 City of Moreno Valley , CA

Client Contact: Daniel York
Phone Number: 951-677-7751 ext. 216
Email: [email protected]
Project Cost: $49K
Completion Date: On-Going

DESCRIPTION
The citywide pavement rehabilitation project included various pavement rehabilitation strategies for the design of pavement rehabilitation for various streets (Clinton Keith Road, Cherry Street, Sellers Road, Canyon Ranch Road, Waite Street, Walnut Street and Wesley Street). The project included pavement crack sealin g, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation, there were 29 curb ramps that require removal and reconstruction. TKE has an outstanding relationship with the City and design of pavement rehabilitation improvement projects. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.

SERVICES
Services include design, topographic surveying, pavement rehabilitation strategy, utility coordination, plans, specifications and estimate preparation and Caltrans permitting

KEY STAFF
Michael P. Thornton, P.E., P.L.S., Terry Renner, P.E., P. L.S., Q.S.D., Steven Ledbetter, P.E., Octavio Parada, Ron Musser, L.S., Shelby Kelley, P.E.

Client Contact: Melissa Walker
Phone Number: 951-218-8646
Email: [email protected]
Project Cost: $18M
Completion Date: 2023

DESCRIPTION
The Citywide Pavement Rehabilitation Program for FY 2021/22 Project included rehabilitation for 20 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix ov erlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.

SERVICES
Services included review and monitoring of Contractor’s daily traffic control, storm water pollution prevention measures and safety procedures, daily oversight and inspection, report preparation, photo log preparation and verification of quantities for payment requests.

KEY STAFF
Michael P. Thornton, P.E., P.L.S., Terry Renner, P.E., P.L.S., Q.S.D., Steven Ledbetter, P.E., Octavio Parada.

RELEVANCE TO MORENO VALLEY
• Design of Pavement
Rehabilitation
• Pavement Infrastructure
• Permit Coordination

RELEVANCE TO MORENO VALLEY
• City of Moreno Valley Experience
• Various Pavement Rehabilitation
Strategies
• Arterial Roadway Construction
and Traffic Control
• Permitting and Private Residents
and Business Coordination
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FOOTHILL BOULEVARD REHABILITATION PROJECT
City of Azusa , CA

PALOMAR/CLINTON KEITH SIDEWALK, TRAIL, AND BIKE LANE CONNECTIVITY PROJECT City of Wildomar , CA

Client Contact: Robert Delgadillo
Phone Number: 626-812-5248
Email: [email protected]
Project Cost: $1.7M
Completion Date: 2023

DESCRIPTION
TKE prepared design of pavement rehabilitation and landscape median improvement for approximately 4,500 linear feet along Historic Route 66 – Foothill Boulevard from Orange Avenue to Alosta Avenue. The project included various pavement rehabilitation strategies and also included improvements to sidewalks, curb ramps, driveways, bus stops, etcetera as may be required. In addition, the added reach also includes landscape modifications of one additional median island.

SERVICES
Services include design, topographic survey, pavement rehabilitation strategy, cost estimates, project specifications and drought tolerant landscape conversion.

KEY STAFF
Michael P. Thornton, P.E., P.L.S., Terry Renner, P.E., P.L.S., Q.S.D., Octavio Parada, Monae Pugh

Client Contact: Daniel York
Phone Number: 951-677-7751 ext. 216
Email: [email protected]
Project Cost: $1.5M
Completion Date: 2022

DESCRIPTION
The Palomar/Clinton Keith Connectivity Project is a grant funded project located along Palomar Street from Clinton Keith Road to Meadow Ridge Lane and along Clinton Keith Road from Renaissance Plaza to Hidden Springs Road in the City of Wildomar.

SERVICES
Services included preliminary engineering, design, topographic survey, right-of-way engineering and acquisition assistance, flood control permitting, traffic signal modification, ADA accessibility, Storm Water Pollution Protection, striping redesign , utility relocation and coordination, coordination with property owners, bidding assistance, and construction assistance.

KEY STAFF
Michael P. Thornton, P.E., P.L.S., Terry Renner, P.E., P.L.S., Q.S.D., Chance Renner, E.I.T., Ron Musser, P.L.S., Brett Enscoe

RELEVANCE TO MORENO VALLEY
• Rehabilitation for Major Roadway
• Pavement Rehabilitation Project
• Landscape Conversion Project
• Striping Project
• Ramp and Sidewalk Construction
Project
• Various Pavement Strategies
• Community Outreach Efforts

RELEVANCE TO MORENO VALLEY
• Public transportation improvement project
• Utility relocation coordination
• Various pavement rehabilitation strategies
• Private improvement coordination and
restoration
• RCFC & WCD Permitting
• Right-of-way engineering
• Right-of-way acquisition assistance
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SECTION 2 | TECHNICAL PROPOSAL
I. RESOURCE ALLOCATION MATRIX

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SECTION 3 | PROPOSED

STAFF/TEAM
A. KEY PERSONNEL
TKE’s key staff assigned to perform the services required are identified and discussed in detail within the following section. TKE currently maintains a staff of 5 3 personnel who are highly qualified to assist with any of the required services for this contract.

TKE has two unique advantages associated with the
experience of TKE’s project team. One benefit of TKE’s project team is our extremely low internal turnover
rate. As a result of our rigorous interview and testing procedures, coupled with our extremely hi gh employee
satisfaction rates, TKE staff has years of experience
working together. The close relationships each of our staff members have with one another provide the City
with an extremely well rounded and experienced
team. As such, TKE’s project team experience directly
correlates with TKE’s firm experience described
previously.

The second benefit of TKE’s project team is our internal training procedures. TKE has strived to develop
techniques that reach outside the box and develop well
rounded individuals committed to providing high quality, efficient services to meet all of our c lients’ needs. TKE trains our staff on every facet of engineering design and construction to provide a level of knowledge that can
identify problems in every phase of a project, from
planning through construction.

It is this commitment to service and diverse array of
offerings that makes us unique and drives our long-
standing relationships with our client base.

Understanding that all aspects of professional
engineering consulting services are important to ensure the City’s interests are protected and project schedules are met, our team brings TKE management level
professionals to projects ensuring that every aspect
receives full and comprehensive consideration. It is this personal touch and contact that define our ‘local service’ approach. We consider ourselves community builders
and take ownership of services requested from TKE,
ensuring that our personnel will be allocated on an as
needed basis in order to complete all services on schedule and within specified bud get. TKE is committed to
responding to our clients’ needs as they arise.

TKE fully recognizes the City’s concern for high quality, timely performance, and precise communication when
utilizing the services of a consultant. Each project
conducted by TKE is managed and staffed by a project
team assembled to meet the specific needs of the project.

We have assembled a highly qualified and experienced
project team, which we believe will best serve your needs.

Our project teams’ experience with Moreno Valley and
numerous Cities and Counties throughout Southern
California, provide the City with a superior level of
expertise. TKE’s project team is comprised of the firm’s Principal, and senior- level staff. TKE’s key personnel will not be replaced throughout the entirety of the project.

Resumes of each team member are included below.

Terry Renner, P.E., P.L.S., Q.S.D.

Principal-In-Charge
California P.E., No. 69984
California P.L.S., No.9762
Q.S.D. Certification No. 24329
Terry Renner is the Senior Vice
President of TKE and has 2 4 years of experience in civil engineering infrastructure projects, including pavement rehabilitation, pavement analysis, street and
transportation improvements, sewer and water
improvements, drainage improvements, facilities
improvements and recreation imp rovements. He has
managed numerous projects and has delivered projects
for the City of Moreno Valley, Highland, Yucaipa, South El Monte, El Monte, Fontana, Calimesa, Upland, Rialto,
Riverside, Redlands, La Habra and Corona. Mr. Renner has been responsible for design production, supervising a
staff of engineers and drafters, coordinating work
between the production team and the client, submitting
all deliverables in a timely manner, construction
coordination and scheduling, submittal review,
supervising a staff of inspectors and subconsultants,
weekly progress meetings, request for information
responses, storm water management, progress
payments, change order review and negotiations, labor
compliance, and project closeout. He has successfully
delivered a wide variety of complex and challenging
projects and is dedicated to ensuring that the plans
produced and services delivered by TKE continue to
exceed industry standards.

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Octavio Parada
Project Manager
Mr. Parada has over 24 years of
progressive experience in civil
engineering in the public works
sector as well as the private sector.

He is result -driven, proactive and
detail-oriented with a proven track record of successfully handling and delivering a wide variety of complex and
challenging projects. He is dedicated to ensure that
projects exceed industry standards and consistently
finishing under budget and schedule. Through his career, Octavio has accumulated extensive experience in
planning, designing and project completion for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, pedestrian facilities for major corridors, arterials, collectors and residential streets, including water improvements, sewer improvements, drainage
improvements, grading plans and computerized system
modeling for drainage master plans. Finally, Octavio has worked in the private sector for commercial and industrial development as technical director managing projects
from the conceptual stage, through planning, designing, bidding, construction, and project completion under
project specifications and exceeding client expectations.

Brian Wolfe, P.E. M.S.

Project Engineer
California P.E. No. 69101
Brian Wolfe has over 1 9 years’
experience in civil engineering and
land surveying for both private and
public sectors of the industry. His
experience in design, construction
and plan checking includes a variety of improvement
projects such as street improvements, pavement
rehabilitation, signing and striping, precise grading, water mains, demolition, reservoir rehabilitation, and sewer
mains. He has provided City Engineering, staff
augmentation, capital improvement design, utility
management, construction management and plan
checking services for several Southern California public agencies. His experience also includes public works
construction inspection, legal descriptions for easements, topographic surveying and construction surveying.

Ron Musser, P.L.S.

Director of Surveys
California P.L.S., No. 4230
Mr. Musser has nearly 53 years of
experience in performing field and
office surveying and plan checking
services for public and private
projects including roadway and
highway projects. He has performed design
topographic surveying and construction staking on all
of TKE’s respective design and construction
management projects and map checking over the past
10 years. In addition, he has prepared records of
survey, parcel maps and tract maps in San Bernardino
County, Riverside County, San Diego County, Orang e
County and Los Angeles County. He has performed
boundary, topographic, ALTA, and precise level surveys
as well as Global Positioning Surveys. Mr. Musser
currently provides map checking services to the cities
of Calimesa, Upland, Azusa, Pico Rivera and El Monte

DEPTH OF RESOURCES
An organizational chart for the entire team is
presented on the following pages, and brief resumes
for key personnel have been provided within this
section. Upon the City’s request, TKE can furnish
additional resumes for any support staff or back-up
personnel needed to accomplish the work under this
contract. TKE understands the importance of
maintaining continuity of our staff, so no changes in
team composition will be made without prior written
approval from the City.

B. SUBCONSULTANT S
TKE Engineering has retained
Aragón Geotechnical Inc. (AGI) as
our subconsultant for geotechnical
services. Aragón Geotechnical Inc.
(AGI) is a highly qualified geotechnical and
construction materials testing firm with significant
experience in providing services similar to those
being requested. AGI is committed to providing
geotechnical, materials testing, and construction
field inspe ction services with a superior degree of
professional excellence and proficiency. We offer
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clients individual attention and provide innovative
solutions at a competitive cost.

AGI traces its roots to the year 1973, followed soon
after by the establishment of the present
headquarters office in the Woodcrest area of
Riverside County. The firm will apply decades of
experience acquired by talented professionals in the
fields of geotechnical engineering, engineering
geology, hydrogeology, earthquake engineering, and
materials engineering and testing to the project
team. Our staff regularly attends scientific
conferences and specialty training sessions to stay
abreast of cutting -edge t echnologies and new
developments in our disciplines. AGI is a State of
California Small Business Enterprise (SBE #1182800),
Minority Business Enterprise (MBE # 19000092) and
Disadvantaged Business Enterprise (DBE # 45365).

AGI has California Department of Transportation
(Caltrans) certified facilities and is AASHTO Resource
(Formerly AMRL) accredited.

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SECTION 3 | PROPOSED STAFF/ TEAM
Project Engineer
Brian Wolfe, P.E.

Principal-in-Charge/Project Manager
Terry Renner, P.E., P.L.S., Q.S.D.

Project Manager
Octavio Parada
Director of Surveys
Ron Musser, P.L.S.

C. ORGANIZATIONAL CHART

SUPPORT TEAM
(50+ Members)
Geotechnical Subconsultant:

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SECTION 3 | PROPOSED STAFF/ TEAM
D. RESUMES

TERRY RENNER,
P.E., L.S., Q.S.D.

Principal-In-Charge
TKE Engineering, Inc.

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

REGISTRATIONS
P.E. License Number 69984 (CA)
P.L.S. License Number 9762 (CA)
Qualified SWPPP Developer and
Practitioner #24329

CERTIFICATIONS
Caltrans SWPPP Certified QSP/QSD
Training
PM-10

AFFILIATIONS
American Public Works Association
American Council of Engineering
Companies of California

Mr. Renner is the Senior Vice President of TKE and has 24 years of experience in civil engineering infrastructure projects, including street, pavement rehabilitation strategies, pavement deterioration analysis, roundabouts, transportation improvements, tra ffic signal improvements, drainage improvements, sewer and water improvements, facilities improvements and recreation improvements. He has managed numerous projects and has delivered projects for San Bernardino and Riverside Counties as well as Cities of Moreno Valley, Jurupa Valley, Azusa, Upland, Glendora, Coachella, Fontana, Hesperia, Riverside, Redlands, Rialto, Calimesa, Colton, El Monte, and Corona. As a project manager, Mr. Renner has been responsible for field analysis of pavement deterioration, design production, supervising a staff of engineers and drafters, coordinating work between the production team and the client, and for submitting all deliverables in a timely manner.

DETAILED PROJECT EXPERIENCE
• Calimesa Citywide Pavement Rehabilitation Project Phase 1, City of Calimesa, CA – Mr. Renner was the Principal-In-Charge for design of pavement rehabilitation for 12 residential and arterial streets throughout the City of Calimesa. The project included more than 400,000 square feet of full depth removal and replacement, grind and overlay along with replacement of damaged cross gutters, spandrels, curb, driveways and curb access ramps.
• Wildomar Citywide Pavement Rehabilitation Improvements, City of Wildomar, CA – Mr. Renner served as the Principal- In-Charge. The citywide pavement rehabilitation project included various pavement rehabilitation strategies for the design of pavement rehabilitation for various streets (Clinton Keith Road, Cherry Street, Sellers Road, Canyon Ranch Road, Waite Street, Walnut Street and Wesley Street).

The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation, there were 29 curb ramps that require removal and reconstruction. TKE has an outstanding relationship with the City and design of pavement rehabilitation improvement projects. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.
• Foothill Boulevard Rehabilitation Project , City of Azusa, CA - Mr.

Renner served as the Principal-In-Charge. TKE prepared design of pavement rehabilitation and landscape median improvement for approximately 4,500 linear feet along Historic Route 66 – Foothill Boulevard from Orange Avenue to Alosta Avenue. The project included various pavement rehabilitation strategies and also included improvements to sidewalks, curb ramps, driveways, bus stops, etcetera as may be required. In addition, the added reach also includes landscape modifications of one additional median island.

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• Pacific Street Pavement Rehabilitation, City of Highland- Mr. Renner served as the Principal-In-Charge for the Pacific Street Pavement Rehabilitation project. The city was awarded a grant under the CalRecycle Rubberized Pavement Grant Program.TKE provided engineering services for the design and preparation of 6,800 linear feet of pavement rehabilitation, ADA curb ramp replacement, while minimizing the replacemen t of existing storm drain structures, bike lane and road striping and signage, roundabout geometry analysis at Pacific Street and Palm Avenue within the Historic city’s down town area. TKE assisted in the analysis and geometry analysis report preparation, applying modern roundabout design principles such as approach deflection, inscribed circle diameter (ICD), fastest path, turn swept path and sight lines evaluation. The project also required the coordination (compliance) between the City of Highland and t he City of San Bernardino since the project laid within both cities.

• CDBG Citywide Pavement Rehabilitation Project , City of El Monte, CA- Mr. Renner was the Principal-In-Charge for design of pavement rehabilitation of residential, local, collector and arterial streets throughout the City of El Monte. The project included more than 480,000 square feet of Asphalt-Rubber Cape Seal and 560,000 square feet of Type II Rubberized Emulsion Aggregate Slurry Seal.

• 9th Street Transit Stop Sidewalk & Bikeway Improvement, City of Highland- Mr. Renner served as the Principal-In-Charge. TKE provided Engineering services for 1,600 linear feet of road widening, ADA and pedestrian enhancement project at 9th Street between Eucalyptus Drive and Victoria Avenue. The project included construction of proposed curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, private improvement restoration, proposed improvement of two Omnitrans bus stops and signing and striping. • Transit Stop Access Improvements, City of Highland- Mr. Renner served as the Principal- In-Charge. The City was awarded a grant by the San Bernardino County Transportation Authority (SBCTA) under the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program. The project included the design and preparation of 500 linear fee
t of sidewalk and Driveways,
improvement and relocation of Omnitrans Bus stops facilities. A key aspect of the project was to identify all Private improvements such as fences, gates, trees, walls, mailboxes, drainage structures, and landscaping that will b e impacted by the curb, gutter, and sidewalk improvements.
• Desert Lawn Drive Pavement Rehabilitation, City of Calimesa, CA – Mr. Renner served as the Principal-In-Charge. The Desert Lawn Drive Pavement Rehabilitation Project is located in the City of Calimesa between Cherry Valley Boulevard and Champions Drive which included rehabilitation of 6,500 linear feet of frontage road. TKE provided field investigation of existing
project limits to identify
proposed rehabilitation strategies for street repair, preparation of specifications and preliminary cost estimates. The project included Type II Slurry Seal, cold milling, and asphalt concrete overlay I.19.a
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OCTAVIO PARADA
Project Manager
TKE Engineering, Inc.

EDUCATION
Bachelors of Science (B.S),
Autonomous University of Baja
California, Mexico (UABC)

CERTIFICATIONS
Certificate (1996),
Traffic Engineering for highways,
Secretary of Transport and
Communication (SCT-Mexico)

Certificate (2007),
CAD Pilot Boot Camp
for Civil 3D,
CVIS

Mr. Parada has over 24 years of progressive experience in civil engineering in the public works sector as well as the private sector. He is result-driven, proactive and detail-oriented with a proven track record of successfully handling and delivering a wide variety of complex and challenging projects.

He is dedicated to ensure that proj ects exceed industry standards and consistently finishing under budget and schedule. Through his career, Octavio has accumulated extensive experience in planning, designing and project completion for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, pedestrian facilities for major corridors, arterials, collectors and residential streets, including water improvements, sewer improvements, drainage improvements, grading plans and computerized system modeling for drainage master plans. Finally, Octavio has worked in the private sector for commercial and industrial development as technical director managing projects from the conceptual stage, through planning, designing, bidding, construction, and project completion under project specifications and exceeding client expectations.

DETAILED PROJECT EXPERIENCE
• Calimesa Citywide Pavement Rehabilitation Project, City of Calimesa, CA – Mr. Parada was the project engineer for design of pavement rehabilitation for 12 residential and arterial streets throughout the City of Calimesa. The project included more than 400,000 square feet of full depth removal and replacement, grind and overlay along with replacement of damaged cross gutters, spandrels, curb, driveways and curb access ramps.
• Wildomar Citywide Pavement Rehabilitation Improvements, City of Wildomar, CA – Mr. Parada served as the Project Manager. The citywide pavement rehabilitation project included various pavement rehabilitation strategies for the design of pavement rehabilitation for various streets (Clinton Keith Road, Cherry Street, Sellers Road, Canyon Ranch Road, Waite Street, Walnut Street and Wesley Street). The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation, there were 29 curb ramps that require removal and reconstruction. TKE has an outstanding relationship with the City and design of pavement rehabilitation improvement projects. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis. • CDBG Citywide Pavement Rehabilitation Project, City of El Monte, CA – Mr. Parada was the project engineer for design of pavement rehabilitation of residential, local, collector and arterial streets throughout the City of El Monte. The project included more than 480,000 square feet of Asphalt -Rubber Cape Seal and 560,000 squ are feet of Type II Rubberized Emulsion Aggregate Slurry Seal. • Tyler Street, Street Improvements , City of Riverside, CA – The Tyler Street, street improvements project is located in the Southwest Riverside area between Wells Avenue and Hole Avenue. Proposed improvements will provide for corridor beautification and improved traffic and pedestrian safety. Mr. Parada Assisted in the design and I.19.a
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preparation of approximately 6,200 linear feet of street widening, bike lane extension and median improvements. Preparation of legal descriptions, right -of-way acquisition plats, temporary construction easement plats and grant and easement deeds for 49 separate parcels • Pacific Street Pavement Rehabilitation, City of Highland - Mr. Parada served as the project manager for the Pacific Street Pavement Rehabilitation project. The city was awarded a grant under the CalRecycle Rubberized Pavement Grant Program.TKE provided engineering services for the design and preparation of 6,800 linear feet of pavement rehabilitation, ADA curb ramp replacement, while minimizing the replacement of existing storm drain structures, bike lane and road striping and signage, roundabout geometry analysis at Pacific Street and Palm Avenue within the Historic city’s down town area. TKE assisted in the analysis and geometry analysis report preparation, applying modern roundabout design principles such as approach deflection, inscribed circle diameter (ICD), fastest path, turn swept path and sight lines evaluation. The project also required the coordination (compliance) between the City of Highland and the City of San Bernardino since the project laid within both cities.
• 9th Street Transit Stop Sidewalk & Bikeway Improvement, City of Highland- Mr. Parada served as the project manager. TKE provided Engineering services for 1,600 linear feet of road widening, ADA and pedestrian enhancement project at 9th Street between Eucalyptus Drive and Victoria Avenue. The project included co nstruction of proposed curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, private improvement restoration, proposed improvement of two Omnitrans bus stops and signing and striping. The City was awarded a grant by the San Bernardino County Transportation Authority (SBCTA) under the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program.
• Transit Stop Access Improvements, City of Highland- Mr. Parada served as the project manager. The City was awarded a grant by the San Bernardino County Transportation Authority (SBCTA) under the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program. The project included the design and preparation of 500 linear feet of sidewalk and Driveways, improvement and relocation of Omnitrans Bus stops facilities. A key aspect of the project was to identify all Private improvements such as fences, gates, trees, walls, mailboxes, drainage structures, and landscaping that will be impacted by the curb, gutter, and sidewalk improvements.

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BRIAN WOLFE, P.E.

Project Engineer
TKE Engineering, Inc.

EDUCATION
M.S. Civil Engineering, California
State Polytechnic University,
Pomona
B.S. Civil Engineering, California
State Polytechnic University,
Pomona

REGISTRATIONS
Professional Engineer (CA) 69109

AFFLIATIONS
American Society of Civil Engineers
(ASCE)
Past-President, San
Bernardino/Riverside County
Branch

Brian Wolfe has over 19 years of experience in civil engineering and land surveying for both private and public sectors of the industry. Over the last three years Mr. Wolfe has been serving the City of Adelanto as the City Engineer. His experience in desi gn, construction and plan checking includes a variety of improvement projects such as street improvements, pavement rehabilitation, signing and striping, precise grading, water mains, demolition, reservoir rehabilitation, and sewer mains. He has provided C
ity Engineering, staff augmentation, capital improvement design, utility management, construction management and plan checking services for several Southern California public agencies. His experience also includes public works construction inspection, legal descriptions for easements, topographic surveying and construction surveying.

Many of his projects involved ADA accessible pathways and grant funding management such as Safe Routes to Schools and Community Development Block Grant (CDBG) improvements. Mr. Wolfe is also well versed in traffic calming, bicycle facility design, traffic engineering studies including warrant analysis and temporary traffic control. Previous traffic engineering duties included close collaboration with City Police Departments to resolve parking violation enforcement issues and increasing traffic safety.

DETAILED PROJECT EXPERIENCE
• CDBG Citywide Pavement Rehabilitation Project, City of El Monte, CA- Mr. Wolfe was responsible for design of pavement rehabilitation of residential, local, collector and arterial streets throughout the City of El Monte. The project included more than 480,000 square feet of Asphalt-
Rubber Cape Seal and 560,000 square feet of Type II
Rubberized Emulsion Aggregate Slurry Seal.
• CDBG Street Improvement Project, City of El Monte, CA - Mr. Wolfe was responsible for design of CDBG funded pavement rehabilitation on Klingerman Street, Strozier Avenue and Fern Street for the City of El Monte. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the pavement rehabilitation, curb, gutter, sidewalk, ADA curb ramps, and striping replacement.
• CDBG Street Improvement Project, City of Redlands, CA- Mr. Wolfe provided plan and profile designs for street widening, new ADA compliant ramps and new sidewalks through developed residential neighborhoods in Redlands, CA. Designed paving plans to improve unpaved alleys within CDBG designated areas. Projects r equired careful coordination with residents and businesses for driveway reconstruction.
• Safe Routes to Schools, Redlands, CA- Mr. Wolfe provided design, and construction inspection for two safe Routes to Schools projects in the City of Redlands. Projects constructed over 2 miles of new sidewalk through residential neighborhoods and over 200 new ADA compliant ramps. Also assisted with labor compliance documentation. Projects included installation of crosswalk flashing beacons, feedback signs and school zone signage.

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RON MUSSER, P .L.S.

Director of Surveys
TKE Engineering, Inc.

EDUCATION
Degree, School, Year Graduated

REGISTRATIONS
Professional Land Surveyor, LS 4230
(CA)

AFFILIATIONS
American Council of Engineering
Companies of California

Mr. Musser has nearly 53 years of experience in performing field and office surveying and plan checking services for public and private projects including roadway and highway projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects and map checking over the past 10 years. In addition, he has prepared records of survey, parcel maps and tract maps in San Bernardino County, Riverside County, San Diego County, Orange County and Los Angeles County. He has performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys. Mr. Musser currently provides map checking services to the cities of Calimesa, Upland, Azusa, Pico Rivera and El Monte.

DETAILED PROJECT EXPERIENCE
• Calimesa Citywide Pavement Rehabilitation Project Phase 1, City of Calimesa, CA – Mr. Musser was the Director Surveys for design of pavement rehabilitation for 12 residential and arterial streets throughout the City of Calimesa. The project included more than 400,000 square feet of full depth removal and replacement, grind and overlay along with replacement of damaged c
ross gutters,
spandrels, curb, driveways and curb access ramps.
• Wildomar Citywide Pavement Rehabilitation Improvements, City of Wildomar, CA – Mr. Musser served as the Director Surveys . The citywide pavement rehabilitation project included various pavement rehabilitation strategies for the design of pavement rehabilitation for various streets (Clinton Keith Road, Cherry Street, Sellers Road, Canyon Ranch Road, Waite Street, Walnut Street and Wesley Street). The project included pavement crack sealin g, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation, there were 29 curb ramps that require removal and reconstruction. TKE has an outstanding relationship with the City and design of pavement rehabilitation improvement projects. TKE provided preparation of daily field reports and phot o logs and provided reports to the City Staff on weekly basis. • CDBG Citywide Pavement Rehabilitation Project, City of El Monte, CA – Mr. Musser was the Director Surveys for design of pavement rehabilitation of residential, local, collector and arterial streets throughout the City of El Monte. The project included more than 480,000 square feet of Asphalt -
Rubber Cape Seal and 560,000
square feet of Type II Rubberized Emulsion Aggregate Slurry Seal. • Desert Lawn Drive Pavement Rehabilitation, City of Calimesa, CA – Mr. Musser served as the Director of Surveys The Desert Lawn Drive Pavement Rehabilitation Project is located in the City of Calimesa between Cherry Valley Boulevard and Champions Drive which included rehabilitation of 6,500 linear feet of frontage road. TKE provided field investigation of existing project limits to identify proposed rehabilitation strategies for street repair, preparation of I.19.a
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SECTION 3 | PROPOSED STAFF/ TEAM
specifications and preliminary cost estimates. The project included Type II Slurry Seal, cold milling, and asphalt concrete overlay. • Palomar/Clinton Keith Sidewalk, Trail, And Bike Lane Connectivity Project, City of Wildomar, CA – Mr. Musser served as the Director of Surveys. The Palomar/Clinton Keith Connectivity Project is a grant funded project located along Palomar Street from Clinton Keith Road to Meadow Ridge Lane and along Clinton Keith Road from Renaissance Plaza to Hidden Springs Road in the City of Wildomar.

The proje
ct included approximately one mile of sidewalk
connectivity, ultimate street widening, storm drain, striping, and private property restoration that required full depth removal and placement of AC pavement; removal and reconstruction of concrete curbs and gutters, ADA ramps, cross -
gutters, sidewalks;
construction of concrete sidewalks, curbs and gutters, cross-gutters, ADA ramps, and driveway approaches; construction of CMU retaining wall and significant regrading along hillsides; construction of a multipurp
ose DG Trail; construction of catch basins, rock
bioswales, headwalls, and storm drains; installation of a new pedestrian push button system and curb ramp at the intersection of Clinton Keith Road and Renaissance Plaza; relocation of miscellaneous utilitie s; raising of various utility manholes/valves and installation of traffic signing, striping and loop detectors. • On-Call Survey and Map Checking Services, City of Calimesa, CA - Mr. Musser provides on -call map checking services to the City of Calimesa. Mr. Musser is providing map checking services for several small and large tract developments, single family residential units and commercial retail centers within the city. Ser
vices include
closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions.

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City of Moreno Valley

SECTION 4 | REQUIRED STATEMENTS
SECTION 4 | REQUIRED STATEMENTS
A. This RFP shall be incorporated in its entirety as a part of the Consultant's Proposal.

B. 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.

C. The TKE’s services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in TKE’s Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL."
D. Section 5 of this proposal discusses TKE takes no exceptions to the RFP.

E. Section 2 and 3 of this proposal contains the names, qualifications and proposed duties of TKE’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 TKE’s staff should become unavailable, TKE understands we may substitute other staff of at least equal competence only after prior written approval by the City.

F. Section 2 contains a resource allocation matrix including details as required by the RFP.

G. Aragon Geotechnical, Inc. has been included to provide as -needed geotechnical services for this Project, and their background and experience is listed in Section 2 and 3.

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

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

J. TKE 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. TKE 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. TKE has provided a copy of our hourly rate schedule. This rate schedule is part of TKE’s Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. An itemized cost breakdown for the work described in the RFP has been submitted in a separate file, entitled Cost file, as part of TKE’s Proposal submittal. All extra work will require prior approval from the City.

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

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

O. TKE 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.

P. TKE 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 I.19.a
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SECTION 4 | REQUIRED STATEMENTS
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. TKE 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. TKE 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 Divis ion 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 TKE, without further acknowledgment by the parties.

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City of Moreno Valley

SECTION 5 | ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST

FOR PROPOSAL
SECTION 5| ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR

PROPOSAL
TKE takes no exceptions to the provisions and conditions of this Request for Proposal, and agrees to comply with the terms provided.

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SECTION 6 | REQUIRED FORMS
SECTION 6 | REQUIRED FORMS
All forms have been submitted separately on opengov.

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EXHIBIT “C”

CITY - SERVICES TO BE PROVIDED

TO CONSULTANT

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

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

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

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EXHIBIT “D”

TERMS OF PAYMENT

1. The Consultant's comp ensation shall not exceed $128,067.00.

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

3. The Consultant will el ectronically submit an invo ice to the City along with documentation evidencing services completed to date as specified in the Request for Proposal. Progress payments will be made in accordance with the payment schedule outlined in the Request for Pr oposal, but in no case will progress payments be made to the Cons ultant more frequently t han once per month. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progr ess payment shall be final. The consultant will submit all origi nal 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.19.a
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completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

5. The minimum information required on all invoices is:

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

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

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT Subconsultants Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ $ Scope of Services

1. Project Management 2 360$ 4 680$ 4 640$ -$ 8 720$ -$ -$ 2,400$

2. Initial "Kick Off" Meeting -$ 4 680$ 4 640$ -$ 1 90$ -$ -$ 1,410$

3. Records Research -$ 2 340$ 4 640$ 4 560$ 8 720$ -$ -$ 2,260$

4. Design Surveying -$ 4 680$ 8 1,280$ 4 560$ -$ 40 10,000$ -$ 12,520$

5. Field Reconnaissance 2 360$ 8 1,360$ 24 3,840$ 40 5,600$ -$ -$ -$ 11,160$

6. Base Construction Drawings -$ 4 680$ 16 2,560$ 64 8,960$ -$ -$ -$ 12,200$

6. Geotechnical Investigation -$ 2 340$ 2 320$ -$ 2 180$ -$ 14,029$ 14,869$

7. 60% Design 4 720$ 24 4,080$ 40 6,400$ 80 11,200$ 24 2,160$ -$ -$ 24,560$

8. 60% Design Review Meeting -$ 4 680$ 4 640$ -$ 1 90$ -$ -$ 1,410$

9. Caltrans Permit Acquisition 4 720$ 16 2,720$ 24 3,840$ 40 5,600$ 24 2,160$ -$ -$ 15,040$

10. 90% Design 2 360$ 12 2,040$ 24 3,840$ 64 8,960$ 24 2,160$ -$ -$ 17,360$

11. 90% Design Review Meeting -$ 4 680$ 4 640$ -$ 1 90$ -$ -$ 1,410$

12. Final Documents 2 360$ 8 1,360$ 16 2,560$ 32 4,480$ 16 1,440$ -$ -$ 10,200$ Subtotal: 16 2,880$ 96 16,320$ 174 27,840$ 328 45,920$ 109 9,810$ 40 10,000$ 14,029$ 126,799$ Reimbursables (@1%)1.): 1,268$
Project Total: 128,067$
Rates: Notes:

Principal-in-Charge 180$ /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Project Manager 170$ /HR 2.) Aragon Geotechnical for Materials Testing Services.

Project Engineer 160$ /HR
Assistant Engineer/Designer 140$ /HR
Clerical 90$ /HR
Survey Crew 250$ /HR
TKE Engineering, Inc.

Clerical
City of Moreno Valley
Cactus Avenue Pavement Reconstruction: I-215 to Elsworth Street (City ProjectNo. 801 0106) Fee Schedule Breakdown
Project Manager Project Engineer
Assistant
Engineer/DesignerPrincipal-in-Charge Survey Crew

EXHIBIT D
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EXHIBIT “E”

INSURANCE REQUIREMENTS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

Minimum Limits of Insurance

Consultant shall maintain limits of liability of not less than:

1. General Liability:

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

2. Automobile Liability:

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

3. Employer’s Liability:

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

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

Umbrella or Excess Insurance

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

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

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

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

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form:

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

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

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

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

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

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

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

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

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EXHIBIT “F”

SUPPLEMENTARY GENERAL CONDITIONS

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CITY OF MORENO VALLEY

SUPPLEMENTARY GENERAL CONDITIONS

The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly prov ided herein. These prov isions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace Gener al Conditions not in direct conflict with these provisions.

Definitions used in these provisions are as contained in the General Conditions. a) CONSULTANT shall be subject to the admin istrative, contractual, and legal remedies provided in the General Conditions in the ev ent CONSULTANT violates or breaches terms of the Agreement.
b) CITY may terminate the Agreement for cause or for convenience, and CONSULTANT may terminate the Agreement, as provided the General Conditions. c) CONSULTANT shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by CONSULTANT.)
d) CONSULTANT shall comply with the Copeland Anti-Kick back Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Pa rt 3) (All contracts and subcontracts for construction or repair.)
e) CONSULTANT shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).

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CONSULTANT shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).
g) CONSULTANT shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.
h) Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the CITY. i) Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royalty-free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work develop ed under the Agreement and/or subcontracts for work pursuant to the Agreement.
j) CONSULTANT shall provide access by t he City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
k) CONSULTANT shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed. l) CONSULTANT shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Or der 11738, and Environm ental Protection Agency regulations (40 CFR pa rt 15). (This provision appl ies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.) I.19.a
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The Consultant shall comply with the Federal provisions as included in Exhibit 10-R: AE Sample Contract Language of the Caltrans' Local Assistance Procedure Manual when and if the project receives federal funding.

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CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER

FEDERAL AWARDS
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APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must co ntain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction con- tract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964– 1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ (D) Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current pre- vailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland ‘‘Anti- Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Sub- contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any pers on employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

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(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of par- ties, assignment or performance of experimental, dev elopmental, or research work under that ‘‘funding agreement,’’ the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any impl ementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to par- ties listed on t he governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or at- tempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See § 200.322 Procurement of recovered materials.

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Attachment: TKE Engineering Inc. Agreement (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL CONSULTANT SERVICES AGREEMENT 1,461.6
1,225.8
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,225.80 612.91

CACTUS AVENUE PAVEMENT

RECONSTRUCTION
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 Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

Notes:

Legend
4/19/2024Print Date:

Image Source: Nearmap
Road Labels

CACTUS AVENUE

PROJECT LIMITS
I-215
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Attachment: Location Map [Revision 1] (6613 : AUTHORIZATION TO AWARD A PROFESSIONAL

Report to City Council

ID#6598 Page 1
TO: Mayor and City Council

FROM: Steve Quintanilla, City Attorney

AGENDA DATE: May 7, 2024

TITLE: PEN24-0036 - ORDINANCE REVISING TEMPORARY
SIGN REGULATIONS SET FORTH IN TITLE 9 (PLANNING
& ZONING) OF THE MORENO VALLEY MUNICIPAL CODE

RECOMMENDED ACTION
Staff recommends that the City Council introduce Ordinance No. [next in order] at the conclusion of the Public Hearing and adopt the same at a subsequent City Council meeting revising the City’s Temporary Sign regulations as set forth in Title 9 (Planning & Zoning) of the Moreno Valley Municipal Code to conform with the current opinions of the United States Supreme Court, as presented to and recommended by the Planning Commission.

BACKGROUND
The Planning Commission conducted a Public Hearing on March 21, 2024, to consider the proposed ordinance. At the conclusion of the Public Hearing, the Planning Commission voted unanimously (7 -0) to adopt Planning Commission Resolution No. 2024-20 (attached hereto) recommending that the City Council introduce and adopt Ordinance No. [next in order] (attached hereto) revising the City’s Temporary Sign regulations as set forth in Title 9 (Planning & Zoning) of the Moreno Valley Municipal Code (to conform with the current opinions of the United States Supreme Court) based on the findings set forth in the Planning Commission Staff Report and related documents.

DISCUSSION
Drafting sign regulations is an incredibly challenging task for cities since the law governing the scope of a jurisdiction’s sign regulations seems to be in constant flux with the US Supreme Court, and there is a lot of ambiguity associated with the practical application of any given US Supreme Court decision pertaining to sign regulations. For example, although all nine justices of the US Supreme Court agreed in the latest J.1
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significant sign case, known as Reed vs. Town of Gilbert, that the Town of Gilbert’s sign regulations governing Political Signs, Temporary Directional Signs, and Ideological Signs were unconstitutional, there was a Majority Opinion signed by Justice Thomas, which was joined by five other justices; one Concurrence signed by Justice Alito which was joined by two other Justices; and two Concurrences in the judgment signed by former Justice Breyer and Justice Kagan, which was joined by the late Justice Ginsburg. Essentially, the US Supreme Court’s decision in the Reed case epitomizes the complexity of drafting sign regulations that are capable of passing Constitutional muster with not only the composition of the US Supreme Court as it existed in 2015, but with the current composition of Justices on the US Supreme Court. Bottom line is that although a city may have a set of sign regulations that conform to the Reed opinion, there is a probable risk that the current US Supreme Court could further refine or modify the scope of the Reed opinion by imposing additional restrictions on the regulation of signs by cities and other regulatory jurisdictions.

Notwithstanding the multiple perspectives reflected in the Reed case, the Majority Opinion held that: 1) Different standards for different categories of noncommercial speech are content -based; 2) Content -based regulation is presumptively unconstitutional and a strict scrutiny test applies, which is the highest level of judicial scrutiny applied to a government action; and 3) Government regulation of speech is content-based if a law applies to particular speech because of the topic discussed or the idea or message expressed in the signs. Again, in the Reed case, the Town of Gilbert’s sign regulations (at issue) were different dependent upon whether the signs were Political Signs, Temporary Directional Signs, or Ideological Signs, and this was the primary reason why the aforementioned regulations were deemed unconstitutional by the US Supreme Court. Basically, if one has to read the sign to determine what type of regulations apply, it is presumably “content -based” which makes such sign regulations unconstitutional unless the challenged regulations survive the extremely stringent judicial scrutiny test. (There are exceptions for government posted signs.) Specifically, the US Supreme Court in the Reed case zeroed in on the Town of Gibert’s sign regulations that p laced strict limits on temporary event signs but more freely allowed ideological signs —despite the fact that both types of signs have the same effect on safety and aesthetics.

Without getting into the nuances of the Reed case, here are some take -aways from the Majority Opinion signed by Justice Thomas, the Concurrence signed by Justice Kagan, and other US Supreme Court cases which have not been modified or overturned by the Reed opinion with regard to limiting the regulation of signs based on time, place and manner regulations. Permissible “Time,” “Place” and “Manner” regulations include the following:

1. Cities may regulate signs based on a one-time event which is a “time” restriction.

2. Cities may regulate signs by zoning districts, which is a “place” restriction.

3. Cities may prohibit the placement of non -governmental signs on most public property except for some vacant parkways not used for vehicular or pedestrian travel which are typically located adjacent to public sidewalks, which is a “place” restriction.

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4. Cities may regulate signs by placing limits on the number of signs, which is a “place” restriction.

5. Cities may regulate the size and height of signs, which is a “manner” restriction.

6. Cities may regulate signs by the types of structures, such as whether it is a freestanding or building-mounted sign, which is a “manner” restriction.

7. Cities may regulate signs based on the type of material the sign is made of, which is a “manner” restriction.

8. Cities may regulate signs based on whether they are lighted or non -lighted, which is a “manner” restriction.

9. Cities may regulate signs depending on whether they contain fixed or changing messages (e.g. electronic, changeable copy, etc.), which is a “manner” restriction.

If the temporary sign regulations are based on time, place and manner restrictions, the following test would be applied by a court pursuant to the US Supreme Court’s prevailing case opinions on the issue.

1. Whether the noncommercial temporary signs are uniformly regulated, and the regulations are content neutral?

2. Whether the regulations are narrowly tailored to serve a significant governmental interest?

3. Whether there are open ample alternative channels for communicating the speaker’s message?
In light of the foregoing, it is being recommended that the City’s Temporary Sign regulations be modified so that all Temporary Sign regulations are uniform in nature, the regulations serve a significant government interest, and there are open ample opportunities to communicate the sign owner’s message. The proposed changes are set forth in the attached proposed ordinance.

The City Attorney’s Office has determined that the Temporary Sign regulations as revised will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” restrictions. The City Attorney’s Office has also determined that the Temporary Sign regulations are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de -cluttering,” and “free expression.” Finally, the City Attorney’s Office has determined that the Temporary Sign regulations leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs.

CEQA ANALYSIS
The proposed consideration of an Ordinance amending t he Temporary Sign Regulations set forth in the Moreno Valley Municipal Code is exempt from the California J.1
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Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations (CEQA Guidelines) Sections 15061(b)(3) (it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment), 15305 (Minor alterations to land use limitations) and 15311 (accessory structures).

FISCAL IMPACT
If the Temporary Sign regulations are not revised to be consistent with the prevailing US Supreme Court opinions pertaining to sign regulations, the City risks incurring litigation costs and possible attorney’s fees in a case challenging the City’s current Temporary Sign regulations. Adoption of the proposed revisions reduces the risk of having the City’s Temporary Sign regulations challenged in court as being unconstitutional.

NOTIFICATION
Notice of this City Council Public Hearing, attached hereto, was published in the Press Enterprise Newspaper at least ten days prior to today’s Public Hearing and the Notice informed interested parties that the proposed Ordinance was available for public review and inspection at City Hall. In addition, the Agenda for today’s City Council Regular Meeting was posted within 72 hours of today’s meeting on the City’s website, in the Council Chamber’s Kiosk and at the Moreno Valley Library and the Moreno Valley Senor/Community Center. Finally, the Staff Report and Ordinance were posted on the City’s website for public review and inspection at least 72 hours prior to today’s City Council Regular Meeting.

ALTERNATIVES

1. Staff’s Preferred Alternative – Introduce the Ordinance as presented to and recommended by the Planning Commission, and adopt the Ordinance at a subsequent City Council meeting

2. Staff Non-Preferred Alternative - Do not introduce and adopt the Ordinance.

PREPARATION OF STAFF REPORT

Prepared By: Concurred By:

Steven B. Quintanilla. Michael Cobden
City Attorney Deputy City Attorney

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library
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4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Ordinance No. XXXX - Temporary Sign Regulations

2. Planning Commission Resolution No. 2024-20

3. Notice of Public Hearing

APPROVALS

Budget Officer Approval ✓ Approved . 4/28/24 7:57 PM City Attorney Approval ✓ Approved . 4/25/24 10:06 AM City Manager Approval ✓ Approved . 4/29/24 8:49 AM J.1
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, REVISING THE TEMPORARY SIGN
REGULATIONS OF TITLE 9 (PLANNING AND ZONING) TO CONFORM

WITH THE UNITED STATES SUPREME COURT DECISIONS

PERTAINING TO SIGN REGULATIONS
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and
WHEREAS, d rafting sign regulations is an incredibly challenging task for cities since the law governing the scope of a jurisdiction’s sign regulations seems to be in constant flux with the US Supreme Court, and there is a lot of ambiguity associated with the practic al application of any given US Supreme Court decision pertaining to sign regulations; and
WHEREAS, although all nine justices of the US Supreme Court agreed in the latest significant sign case, known as Reed vs. Town of Gilbert, that the Town of Gilbert’s sign regulations governing Political Signs, Temporary Directional Signs, and Ideological Signs were unconstitutional, there was a Majority Opinion signed by Justice Thomas, which was joined by five other justices; one Concurrence signed by Justice Alito, which was joined by two other Justices; and two Concurrences in the judgment signed by former Justice Breyer and Justice Kagan, whi ch was joined by the late Justice Ginsburg, which epitomizes the complexity of drafting sign regu lations that are capable of passing Constitutional muster with not only the composition of the US Supreme Court as it existed in 2015, but with the current composition of Justices in US Supreme Court; and WHEREAS, notwithstanding the multiple perspectives reflected in the Reed case, the Majority Opinion held that: 1) Different standards for different categories of noncommercial speech are content-based; 2) Content-based regulation is presumptively unconstitutional and a strict scrutiny test applies, which is the highest level of judicial scrutiny applied to a government action; and 3) Government regulation of speech is content-based if a law applies to particular speech because of the topic discussed or the idea or message expressed in the signs; and
WHEREAS, in the Reed case, the Town of Gilbert’s sign regulations (at issue) were different dependent upon whether the signs were Political Signs, Temporary Directional Signs, or Ideological Signs, and this was the primary reason the aforementioned regulations were deemed unconstitutional by the US Supreme Court; and WHEREAS, the US Supreme Court has consistently held that if one has to read a sign to determine what type of regulations apply, it is presumably “content-based” which makes such sign regulations unconstitutional unless the challenged regulations survive the extremely stringent judicial scrutiny test, with exceptions for government posted signs; and
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Attachment: Ordinance No. XXXX - Temporary Sign Regulations (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN WHEREAS, t he City Attorney’s Office has determined that the proposed Temporary Sign regulations as revised will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” restrictions; and
WHEREAS, t he City Attorney’s Office has also determined that the proposed Temporary Sign regulations are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de -cluttering,” and “free expression”; and
WHEREAS, the City Attorney’s Office has determined that the proposed Temporary Sign regulations leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs; and WHEREAS, the Planning Commission conducted a Public Hearing on March 21, 2024, to consider the proposed ordinance revising the temporary sign regulations of Title 9 ( Planning and Zoning) to conform with the United States Supreme Court decisions pertaining to sign regulations, and at the conclusion of the Public Hearing, the Planning Commission voted unanimously (7 -0) to adopt Planning Commission Resolution No. 2024-20 recommending that the City Council introduce and subse quently adopt the proposed ordinance.

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

Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.

Section 2. AUTHORITY
That this Ordinance is adopted pursuant to the authority granted by Article XI, Section 7 of the Constitution of the State of California and California Government Code Section 37100, and it is not intended to be duplicative of state law or be preempted by state legislation.

Section 3. PURPOSES
That the purposes on this Ordinance are to revise the City’s Temporary Sign regulations as set forth in Title 9 (Planning & Zoning) of the Moreno Valley Municipal Code so that the Temporary Sign regulations as revised: 1) will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs J.1.a
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Attachment: Ordinance No. XXXX - Temporary Sign Regulations (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” restrictions ; 2) are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de -cluttering,” and “free expression”; and 3) the Temporary Sign regulations as revised leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs.

Section 4. AMENDMENT TO SECTION 9.12.040 (EXEMPT SIGNS) That Section 9.2.040, subsection A, (Exempt Signs) shall be amended as follows:
§ 9.12.040 Exempt Signs.

A. Exempt Signs. The following signs shall be exempt from the minor development review permit requirements and shall be permitted subject to the limitations contained in this chapter. However, exempt signs shall be required to adhere to the regulations established for each sign type and a building permit may be required.

1. Change of copy involving no change in the structure, materials or dimensions of the sign;

2. Temporary holiday decorations;

3. Interior signs;

4. Licensed commercial vehicles (see Section 9.12.050(C) of this chapter regarding prohibited vehicle signs);

5. Memorial tablets and plaques;

6. Official and legal notices;

7. Public transportation vehicles and bus shelters;

8. Public utility signs;

9. Safety signs;

10. Residential identification signs (see subsection B of this section);

11. Temporary site identification signs (see subsection C of this section);

12. Window signs (see subsection D of this section);

13. For sale, lease or rent and personal message signs (see subsection E of this section);

14. Open house signs (see subsection F of this section);

15. On-site subdivision sale signs (see subsection G of this section);

16. Temporary political signs during an election period (see subsection H of this section);

17. Signs for projects under construction (see subsection I of this section);

18. Directional, warning and informational signs (see subsection J of this section);

19. Flags (see subsection K of this section);

20. Incidental signs (see Section 9.12.040(L));

21. Agricultural signs (see Section 9.12.040(M));

22. Under-canopy signs (see Section 9.12.040(N)).

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Attachment: Ordinance No. XXXX - Temporary Sign Regulations (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN

Subsection H shall be amended as follows:

H. Temporary Political Signs During an Election Period.

1. "Election period" means the period of time ninety (90) days prior and ten (10) days after any official (1) local, (2) state, (3) regional or (4) national election.

2. Temporary political signs are permitted in all zoning districts during an election period subject to the following limitations:
a. No such temporary sign shall exceed 32 square feet;
b. No freestanding temporary political sign shall exceed six feet in height;
c. No lot shall contain temporary political signs having an aggregate surface area in excess of 80 square feet;
d. No such temporary sign shall be artificially lighted; e. No such sign shall be erected or placed more than 90 days prior to the scheduled election to which it pertains, except that a sign erected or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election; all other signs shall be removed within 10 days after the scheduled election to which they pertain;
f. No temporary such sign shall be erected, placed or maintained upon any private property without the consent of the owner, lessee or person in lawful possession of such property; g. No temporary sign shall be erected, placed or maintained on any publicly owned building, structure, tree or shrub; or upon any portion of a public street or highway right -of-way which is used for traffic or parking;
h. No temporary sign shall be erected, placed or maintained so that it does any of the following:
i. Mars, defaces, disfigures or damages any public building, structure or other property,
ii. Endangers the safety of persons or property,
iii. Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign or public informational sign,
iv. Blocks lines of sight to areas of vehicular or pedestrian traffic.

3. No temporary sign shall be permitted on any median separating opposite vehicular traffic on any public streets or other public rights-of-way.

4. Any temporary political sign erected, placed or maintained in violation of any provisions of this section will be removed by the city five days after notice of the violation is given to the concerned candidate or sponsor, and the owner, lessee or person in lawful possession of the property, or to a contact person listed on the sign itself ; provided however, that any temporary sign erected, placed or maintained on any public property J.1.a
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Attachment: Ordinance No. XXXX - Temporary Sign Regulations (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN or right-of-way in violation of subsections (H)(1)(e), (H)(1)(g) or (H)(1)(h) of this section, or which constitutes an immediate danger to the safety of person or property may be removed by the city summarily and without notice. The city may bill for and/o r bring an action to recover the reasonable cost of sign removal from any party or parties found to be responsible for the violation under this section. Any removed signs will be held for no longer than 30 days for retrieval by the owner.

Section 5. FINDINGS
That based on the Recitals set forth above, the related Planning Commission staff report, the City Council staff report and public comments received at the Planning Commission public hearing and City Council public hearing, the City Council finds as follows:
1) The Temporary Sign regulations as revised will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” restrictions;
2) The Temporary Sign regulations as revised are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de - cluttering,” and “free expression”; and
3) The Temporary Sign regulations as revised leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs. 4) The Temporary Sign regulations are consistent with the General Plan , specifically with its policies and goals of maintaining an orderly and aesthetically pleasing visual environment while balancing the needs of the community to participate in democratic government.
5) The Temporary Sign regulations will not adversely affect the public health, safety, or general welfare.
6) The Temporary Sign regulations are consistent with the purposes and intention of the Zoning Code.

Section 6. CEQA COMPLIANCE
The proposed consideration of an Ordinance amending t he Temporary Sign Regulations set forth in the Moreno Valley Municipal Code is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations (CEQA Guidelines) Sections 15061(b)(3) (it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment ), 15305 (Minor alterations to land use limitations) and 15311 (accessory structures).

Section 7. SEVERABILITY
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Attachment: Ordinance No. XXXX - Temporary Sign Regulations (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN 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 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 9. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 10. 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.

INTRODUCED at a regular meeting of the City Council on ___ _, ____, and PASSED, APPROVED, and ADOPTED by the City Council on ______ __, ___, by the following vote:

________________________________
Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

___________________________________
Jan Halstead, City Clerk

APPROVED AS TO FORM:

___________________________________
Steven B. Quintanilla, City Attorney
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Attachment: Ordinance No. XXXX - Temporary Sign Regulations (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN

ORDINANCE JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
ss. CITY OF MORENO VALLEY)
I, _____________________, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 2024 - XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK

(SEAL)

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Attachment: Ordinance No. XXXX - Temporary Sign Regulations (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN 1 Resolution No. 2024-20
March 28, 2024
RESOLUTION NUMBER 2024-20

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, RECOMMENDING THAT THE CITY

COUNCIL INTRODUCE AND ADOPT THE ORDINANCE REVISING THE
TEMPORARY SIGN REGUATIONS OF TTILE 9 PLANNING AND

ZONING TO CONFORM WITH THE UNITED STATES SUPREME COURT

DECISIONS PERTAINING TO SIGN REGULATIONS
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and
WHEREAS, drafting sign regulations is an incredibly challenging task for cities since the law governing the scope of a jurisdiction’s sign regulations seems to be in constant flux with the US Supreme Court, and there is a lot of ambiguity associated with the practic al application of any given US Supreme Court decision pertaining to sign regulations; and
WHEREAS, although all nine justices of the US Supreme Court agreed in the latest significant sign case, known as Reed vs. Town of Gilbert, that the Town of Gilbert’s sign regulations governing Political Signs, Temporary Directional Signs, and Ideological Signs were unconstitutional, there was a Majority Opinion signed by Justice Thomas, which was joined by five other justices; one Concurrence signed by Justice Alito, which was joined by two other Justices; and two Concurrences in the judgment signed by former Justice Breyer and Justice Kagan, which was joined by the late Justice Ginsburg , which epitomizes the complexity of drafting sign regulations that are capable of passing Constitutional muster with not only the composition of the US Supreme Court as it existed in 2015, but with the current composition of Justices in US Supreme Court; and WHEREAS, notwithstanding the multiple perspectives reflected in the Reed case, the Majority Opinion held that: 1) Different standards for different categories of noncommercial speech are content-based; 2) Content-based regulation is presumptively unconstitutional and a strict scrutiny test applies, which is the highest level of judicial scrutiny applied to a government action; and 3) Government regulation of speech is content-based if a law applies to particular speech because of the topic discussed or the idea or message expressed in the signs; and
WHEREAS, in the Reed case, the Town of Gilbert’s sign regulations (at issue) were different dependent upon whether the signs were Political Signs, Temporary Directional Signs, or Ideological Signs , and this was the primary reason why the aforementioned regulations were deemed unconstitutional by the US Supreme Court; and WHEREAS, the United States Supreme Court has consistently held that if one has to read a sign to determine what type of regulations apply, it is presumably “content- based” which makes such sign regulations unconstitutional unless the challenged J.1.b
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN 2 Resolution No. 2024-20
March 28, 2024
regulations survive the extremely stringent judicial scrutiny test , with exceptions for government posted signs; and

WHEREAS, t he City Attorney’s Office has determined that the proposed Temporary Sign regulations as revised will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” restrictions; and

WHEREAS, t he City Attorney’s Office has also determined that the proposed Temporary Sign regulations are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de -cluttering,” and “free expression”; and

WHEREAS, the City Attorney’s Office has determined that the proposed Temporary Sign regulations leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs.

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

Section 1. Recitals and Exhibits
That the foregoing Recitals and attached exhibits are true and correct and are hereby incorporated by this reference.

Section 2. Notice
That public notice of consideration of the Planning Commission’s recommendation that the City Council introduce and adopt an Ordinance revising the temporary sign regulations of Title 9 Planning and Zoning to conform with the United States Supreme Court decisions pertaining to sign regulations, was posted at least ten (10) days prior to the Planning Commission meeting.

Section 3. Recommendation
That the Planning Commission hereby recommends that the City Council introduce and adopt the attached Ordinance revising the temporary sign regulations of Title 9 Planning and Zoning to conform with the United States Supreme C ourt dec isions pertaining to sign regulations and further find that the attached Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations (CEQA Guidelines) Sections 15061(b)(3) (it can be seen with certainty that there is no poss ibility that the activity in question may have a significant effect on the environment), 15305 (Minor alterations to land use limitations) and 15311 (accessory J.1.b
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN 3 Resolution No. 2024-20
March 28, 2024
structures).

Section 4. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.

Section 5. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 6. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.

Section 7. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN 4 Resolution No. 2024-20
March 28, 2024
PASSED AND ADOPTED THIS 28th DAY OF MARCH 2024.

CITY OF MORENO VALLEY

PLANNING COMMISSION
_____________________________________
Alvin DeJohnette, Chairperson
ATTEST:
________________________________
Robert Flores, Planning Official
APPROVED AS TO FORM:
________________________________
Steven B. Quintanilla, City Attorney
Exhibits:

Exhibit A: Draft Ordinance
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN

Exhibit A

DRAFT ORDINANCE
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, REVISING THE TEMPORARY SIGN
REGULATIONS OF TITLE 9 (PLANNING AND ZONING) TO CONFORM

WITH THE UNITED STATES SUPREME COURT DECISIONS

PERTAINING TO SIGN REGULATIONS
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and
WHEREAS, d rafting sign regulations is an incredibly challenging task for cities since the law governing the scope of a jurisdiction’s sign regulations seems to be in constant flux with the US Supreme Court, and there is a lot of ambiguity associated with the practic al application of any given US Supreme Court decision pertaining to sign regulations; and
WHEREAS, although all nine justices of the US Supreme Court agreed in the latest significant sign case, known as Reed vs. Town of Gilbert, that the Town of Gilbert’s sign regulations governing Political Signs, Temporary Directional Signs, and Ideological Signs were unconstitutional, there was a Majority Opinion signed by Justice Thomas, which was joined by five other justices; one Concurrence signed by Justice Alito, which was joined by two other Justices; and two Concurrences in the judgment signed by former Justice Breyer and Justice Kagan, whi ch was joined by the late Justice Ginsburg, which epitomizes the complexity of drafting sign regu lations that are capable of passing Constitutional muster with not only the composition of the US Supreme Court as it existed in 2015, but with the current composition of Justices in US Supreme Court; and WHEREAS, notwithstanding the multiple perspectives reflected in the Reed case, the Majority Opinion held that: 1) Different standards for different categories of noncommercial speech are content-based; 2) Content-based regulation is presumptively unconstitutional and a strict scrutiny test applies, which is the highest level of judicial scrutiny applied to a government action; and 3) Government regulation of speech is content-based if a law applies to particular speech because of the topic discussed or the idea or message expressed in the signs; and
WHEREAS, in the Reed case, the Town of Gilbert’s sign regulations (at issue) were different dependent upon whether the signs were Political Signs, Temporary Directional Signs, or Ideological Signs, and this was the primary reason the aforementioned regulations were deemed unconstitutional by the US Supreme Court; and WHEREAS, the US Supreme Court has consistently held that if one has to read a sign to determine what type of regulations apply, it is presumably “content-based” which makes such sign regulations unconstitutional unless the challenged regulations survive the extremely stringent judicial scrutiny test, with exceptions for government posted signs; and
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN WHEREAS, t he City Attorney’s Office has determined that the proposed Temporary Sign regulations as revised will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” restrictions; and
WHEREAS, t he City Attorney’s Office has also determined that the proposed Temporary Sign regulations are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de -cluttering,” and “free expression”; and
WHEREAS, the City Attorney’s Office has determined that the proposed Temporary Sign regulations leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs.

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

Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.

Section 3. PURPOSES
That the purposes on this Ordinance are to revise the City’s Temporary Sign regulations as set forth in Title 9 (Planning & Zoning) of the Moreno Valley Municipal Code so that the Temporary Sign regulations as revised: 1) will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” r estrictions; 2) are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de -cluttering,” and “free expression”; and 3) the Temporary Sign regulations as revised leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs.

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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN Section 4. AMENDMENT TO SECTION 9.12.040 (EXEMPT SIGNS) That Section 9.2.040, subsection A, (Exempt Signs) shall be amended as follows:
§ 9.12.040 Exempt Signs.

1. Change of copy involving no change in the structure, materials or dimensions of the sign;

2. Temporary holiday decorations;

3. Interior signs;

4. Licensed commercial vehicles (see Section 9.12.050(C) of this chapter regarding prohibited vehicle signs);

5. Memorial tablets and plaques;

6. Official and legal notices;

7. Public transportation vehicles and bus shelters;

8. Public utility signs;

9. Safety signs;

10. Residential identification signs (see subsection B of this section);

11. Temporary site identification signs (see subsection C of this section);

12. Window signs (see subsection D of this section);

13. For sale, lease or rent and personal message signs (see subsection E of this section);

14. Open house signs (see subsection F of this section);

15. On-site subdivision sale signs (see subsection G of this section);

16. Temporary political signs during an election period (see subsection H of this section);

17. Signs for projects under construction (see subsection I of this section);

18. Directional, warning and informational signs (see subsection J of this section);

19. Flags (see subsection K of this section);

20. Incidental signs (see Section 9.12.040(L));

21. Agricultural signs (see Section 9.12.040(M));

22. Under-canopy signs (see Section 9.12.040(N)).

Subsection H shall be amended as follows:

H. Temporary Political Signs During an Election Period.

1. "Election period" means the period of time ninety (90) days prior and ten (10) days after any official (1) local, (2) state, (3) regional or (4) national election.

2. Temporary political signs are permitted in all zoning districts during an election period subject to the following limitations:

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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN a. No such temporary sign shall exceed 32 square feet;
b. No freestanding temporary political sign shall exceed six feet in height;
c. No lot shall contain temporary political signs having an aggregate surface area in excess of 80 square feet;
d. No such temporary sign shall be artificially lighted; e. No such sign shall be erected or placed more than 90 days prior to the scheduled election to which it pertains, except that a sign erected or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election; all other signs shall be removed within 10 days after the scheduled election to which they pertain;
f. No temporary such sign shall be erected, placed or maintained upon any private property without the consent of the owner, lessee or person in lawful possession of such property; g. No temporary sign shall be erected, placed or maintained on any publicly owned building, structure, tree or shrub; or upon any portion of a public street or highway right -of-way which is used for traffic or parking;
h. No temporary sign shall be erected, placed or maintained so that it does any of the following:
i. Mars, defaces, disfigures or damages any public building, structure or other property,
ii. Endangers the safety of persons or property,
iii. Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign or public informational sign,
iv. Blocks lines of sight to areas of vehicular or pedestrian traffic.

3. No temporary sign shall be permitted on any median separating opposite vehicular traffic on any public streets or other public rights-of-way.

4. Any temporary political sign erected, placed or maintained in violation of any provisions of this section will be removed by the city five days after notice of the violation is given to the concerned candidate or sponsor, and the owner, lessee or person in lawful possession of the property, or to a contact person listed on the sign itself ; provided however, that any temporary sign erected, placed or maintained on any public property or right-of-way in violation of subsections (H)(1)(e), (H)(1)(g) or (H)(1)(h) of this section, or which constitutes an immediate danger to the safety of person or property may be removed by the city summarily and without notice. The city may bill for and/or bring an action to recover the reasonable cost of sign removal from any party or parties found to be responsible for the violation under this section. Any removed signs will be held for no longer than 30 days for retrieval by the owner.

Section 5. FINDINGS
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN That based on the Recitals set forth above, the related Planning Commission staff report, the City Council staff report and public comments received at the Planning Commission public hearing and City Council public hearing, the City Council finds as follows:
1) The Temporary Sign regulations as revised will be uniformly regulated and the regulations are content neutral in that enforcement of the revised Temporary Sign regulations will not be dependent on the content of the message contained in the signs and will be uniformly enforced regardless of the message contained in the sign based on “Time,” “Place” and “Manner” restrictions;
2) The Temporary Sign regulations as revised are narrowly tailored to serve a significant governmental interest in that the purposes of the revised Temporary Sign regulations are based on “aesthetics,” “vehicular traffic safety,” “pedestrian safety,” “de - cluttering,” and “free expression”; and
3) The Temporary Sign regulations as revised leave open ample alternative channels for communicating the speaker’s message in that it does not prohibit Temporary Signs to be placed on private property nor does it prohibit handheld Temporary Signs. 4) The Temporary Sign regulations are consistent with the General Plan , specifically with its policies and goals of maintaining an orderly and aesthetically pleasing visual environment while balancing the needs of the community to participate in democratic government.
5) The Temporary Sign regulations will not adversely affect the public health, safety, or general welfare.
6) The Temporary Sign regulations are consistent with the purposes and intention of the Zoning Code.

Section 7. 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 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of J.1.b
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Section 9. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

INTRODUCED at a regular meeting of the City Council on ___ _, ____, and PASSED, APPROVED, and ADOPTED by the City Council on ______ __, ___, by the following vote:

________________________________
Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

___________________________________
Jan Halstead, City Clerk

APPROVED AS TO FORM:

___________________________________
Steven B. Quintanilla, City Attorney
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Attachment: Planning Commission Resolution No. 2024-20 (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN

ORDINANCE JURAT

STATE OF CALIFORNIA )

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK

(SEAL)

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Attachment: Notice of Public Hearing (6598 : INTRODUCTION OF AN ORDINANCE REVISING TEMPORARY SIGN REGULATIONS (PEN24-0036))

Report to City Council

ID#6595 Page 1
TO:

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: May 7, 2024

TITLE: PUBLIC HEARING TO REVIEW THE CDBG, HOME, & ESG

PROJECT SELECTIONS FOR INCLUSION IN FISCAL
YEAR 2024/25 ANNUAL ACTION PLAN

RECOMMENDED ACTION
Recommendation to the City Council:

1. Conduct a Public Hearing for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grants Program (ESG) programs to allow the public an opportunity to comment on the proposed project selections for the Fiscal Year (FY) 2024/25 Annual Action Plan.

SUMMARY

Every year, the City is required to submit an Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan identifies how the CDBG, HOME, and ESG program funds will be utilized to provide programs and projects that benefit low and moderate -income households and neighborhoods. It serves as the City’s official grant application to HUD which must be submitted by May 15, 2024. The activities for inclusion in the FY 2024/25 Annual Action Plan for CDBG, HOME, and ESG are summarized in Attachment 1. Staff recommends that the City Council conduct a public hearing to review the proposed projects for inclusion in the FY 2024/25 Annual Action Plan.

DISCUSSION

The Annual Action Plan identifies how Moreno Valley will allocate its CDBG, HOME, and ESG funds for the upcoming fiscal year. The FY 2024/25 Annual Action Plan will serve as the annual update to the City’s proposed five -year Consolidated Plan (FY 2023-2028). Tonight’s Public Hearing represents one of the Public Hearings in a series J.2
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Moreno Valley City CouncilMay 7, 2024

Moreno Valley City Council
May 7, 2024