LPP 13-01 May 8, 2013
Les Hopper, PE
Vice President, Western Region Practice /
Market Lead - Transportation
(619) 823-8490 05/09/24
No Lobbying Activities to Report
Not Applicable
✔ ✔ ✔
✔
ATTACHMENT H: CALTRANS EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES I.19.b
Packet Pg. 653 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT APPENDIX II: RESUMES AND
PROOF OF LICENSE
I.19.b
Packet Pg. 654 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
43 Education
M.B.A., Business
Administration,
Chapman University
B.S., Civil
Engineering,
San Diego State
University
Licenses/
Certifications
Professional
Engineer, California,
1989, 43994
Professional
Engineer - Civil,
Nevada, 1997, 13610
RELEVANT EXPERIENCE
SR-60/World Logistics Center Parkway Interchange, Moreno Valley, California. City of Moreno Valley. PRINCIPAL PROJECT MANAGER. Mr. Hopper is the Principal Project Manager for development of PS&E for the 80-100M interchange improvement to serve the adjacent World Logistics Center development for goods movement. The project will feature two new vehicle bridges that meet current state clearance requirements. There may also be a separate pedestrian and bicycle cable stayed bridge facility which will serve as a landmark to the region. The project also features roundabouts at all ramp intersections as well as auxiliary lane improvements both east and west of the project. GAD and APS have been submitted for review, and an environmental re-validation is to be completed as part of the clearance. Extensive coordination is required between the City, Caltrans D8, WRCOG, RCTC, and adjacent developers. Construction is scheduled to begin in 2025/26.
West Mission Bay Drive Bridge Replacement, San Diego, California. City of San Diego. PROJECT MANAGER. Mr. Hopper served as the overall Project Manager for the preparation of the Environmental Document, the Project Study Report/Project Report (PSR/ PR), and the 65% design of the PS&E for the largest Highway Bridge Program (HBP) bridge project in this region’s history. The project proposes to replace the existing bridge and upgrade the existing facility to 4/5 lanes to accommodate existing and future traffic volumes. The project featured a new bridge, new local road connections, freeway interchange improvements, and new Class I bike paths. Civil work consisted of geometric design, environmental coordination, traffic analysis, project scheduling, analyzing hydraulic requirements of the San Diego River, stormwater design, water quality, bicycle/pedestrian facility design, stage construction/traffic control, utility design and coordination, public outreach, and cooperation with the City and Caltrans.
Caltrans Districts 2 and 3 Broadband On-Call Contracts #03A3533 and 03A345, Various Locations California. Caltrans. CONTRACT MANAGER. Mr. Hopper is the Contract Manager for these two on-call contracts. Typical Task Orders consist of creating design plans for broadband installation over several hundred miles of state highway. In addition, the team is working on the civil site design for over ten mobility hub stations.
These stations act as electrical switching hubs for broadband conduit moving from the state highway system to last mile destinations for digital equity. All project TOs must be compete in fiscal year 2024.
Caltrans District 11 On-call Contract #11A1991, Various Locations California. Caltrans. TASK ORDER MANAGER/INTERIM CONTRACT MANAGER. Mr. Hopper served as Task Order Manager and Interim Contract Manager. Example Task Orders include I-5/ SR-78 Interchange, I-5 PGR Wall Drainage, I-5 Rehabilitation, I-8 Safety CLOMR, I-5/I-8 Direct Connector PID, and I 5/SR-56 Interchange Project Updates.
Les oversaw field review for the I-5 PGR Wall Drainage project which discovered a ground water leak from the nearby Sorrento Valley flood control channel that was causing settlement in nearby retaining structures. tate highway system to last mile destinations for digital equity. All project TOs must be compete in fiscal year 2024.
PRINCIPAL PROJECT MANAGER
Les Hopper, PE
Mr. Hopper has more than 40 years of hands-on experience in the management, planning, permitting, and design of both public and private projects from inception through construction. Project types include roadways, interchanges, bike facilities, and rail improvements. He brings specialization in the coordination of owner, multiple agencies, and stakeholders on large-scale complex projects- with an emphasis on gaining approvals through each process milestone.
I.19.b
Packet Pg. 655 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
LES HOPPER LICENSE PROOF
I.19.b
Packet Pg. 656 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
12 Education
B.S., Civil
Engineering,
California State
Polytechnic
University, Pomona
Licenses/
Certifications
Professional
Engineer - Civil,
California, 2016,
85582
RELEVANT EXPERIENCE
I-10 Monroe Street Engineering and Planning Services, Indio, California. Riverside County. DEPUTY PROJECT MANAGER / PROJECT ENGINEER. Mr. Verano served as engineer of record and deputy project manager for the development of multiple project reports and geometric documents for the PA/ED phase approval of the I-10/Monroe Interchange Project. Mr. Verano managed a large subconsultant team and delivered 30 key technical studies (engineering and environmental) through Caltrans District 8 and County approvals. Mr. Verano prepared the Geometric Approval Drawings, Design Standard Decision Documents, cost estimates and the Project Report in accordance with Caltrans PDPM and PPM standards. Developed geometric concepts and 30% design level plans for two geometric alternatives. Navigated complex issues that included EPA regulatory changes to air quality and VMT based significance determination. Prepared for and led multiple, monthly PDT team meetings that included Caltrans, City, County, and Consultant members.
Michael Baker provided PA&ED phase services for the reconstruction of the I-10 / Monroe Interchange.
WLC Pkwy / SR-60 Interchange PA/ED, Moreno Valley, California. City of Moreno Valley. DEPUTY PROJECT MANAGER / PROJECT ENGINEER. Mr. Verano served as engineer of record and roadway task lead for the preparation and development of the WLC Pkwy / SR-60 Interchange PA/ED. Mr. Verano prepared the draft and final project reports, the Design Standard Decision Document, geometric alternatives, and oversaw and assisted in the development of the engineering and environmental technical reports. Mr. Verano coordinated with Caltrans District 8 staff to gain project deliverable approvals and has a strong understanding of the District 8 approval process. The project evaluated multiple build alternatives and selected Alternative 6 as the preferred project alternative. Michael Baker successfully completed the PA/ED phase of this project in 2020 for the City. The WLC Pkwy /SR-60 Interchange is a key gateway to the City of Moreno Valley and will serve as the main route into the WLC Pkwy Logistics Center Development.
WLC Pkwy / SR-60 Interchange PS&E, Moreno Valley, California. City of Moreno Valley. DEPUTY PROJECT MANAGER / PROJECT ENGINEER. Mr. Verano is currently serving as the Deputy Project Manger / Project Engineer for the preparation and delivery of final design plans for the WLC Pkwy / SR-60 interchange project. This work includes the design of two interchange roundabouts, new bridge overcrossing, auxiliary lanes, and the widening of WLC Pkwy from Ironwood Ave to Eucalyptus Ave. This interchange will provide new pedestrian and bike access over SR-60. The new interchange is a critical infrastructure piece to the overall WLC Pkwy Development. Mr. Verano has been working closely with the City, Highland Fairview and Caltrans District 8 to prepare geometric drawings, manage the project deliverables, coordinate monthly PDT meetings and oversee a multi-discipline team. The project is currently initiating the development of the 65% PS&E deliverable and is near completing the Geometric Approval Drawing.
DEPUTY PROJECT MANAGER
Jerusalem Verano, PE
Mr. Verano is a licensed engineer specializing in highway and civil transportation engineering.
He has delivered over two-dozen transportation projects through Caltrans, County, and City approvals and is currently serving as the Deputy Project Manager / Engineer for the WLC Pkwy/ SR-60 Interchange PS&E. He was a key component in the delivery of the I-10 / Monroe and WLC Pkwy/SR60 PA/ED Interchange projects and has a thorough understanding of the PA/ED process specifically in District 8. His skill sets in-clude geometric alternative development and planning, estimating, PID, PA/ED, PS&E, 3-D CAD modeling, technical writing, and project coordination / management. Mr. Verano will leverage these experiences and dedication to excellence to deliver high quality work.
I.19.b
Packet Pg. 657 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
JERUSALEM VERANO LICENSE PROOF
I.19.b
Packet Pg. 658 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
19 Education
B.S., Civil
Engineering/
Transportation,
California State
Polytechnic
University, Pomona
Licenses/
Certifications
Professional
Engineer - Civil,
California, 82536
RELEVANT EXPERIENCE
I-10 Monroe Street Engineering and Planning Services, Riverside County, California. Riverside County Transportation Department (RCTD). PROJECT MANAGER. Mr. Walden was responsible for developing and leading a multi-discipline team to obtain approval of the PS&E package which includes obtaining pertinent construction permits, ROW engineering and utility coordination, and preparing all required design plans and cost estimates necessary for successful RTL of the project. Mr. Walden is coordinating with multiple stakeholders (Caltrans, Indio Water Authority, City of Indio, and Riverside County) to ensure the final PS&E package delivers on the purpose of the project. The project scope includes the completion of the PA/ED phase for the proposed reconstruction project. Michael Baker is providing services including approval of an environmental document, obtaining pertinent construction permits, preparing a project report that documents all preliminary design engineering work performed in support of the environmental document, ROW engineering and utility coordination, and preparing all required design plans and cost estimates for the plans, specifications, and estimates phase.
I-10/Monroe Street and I-10/Jackson Street Interchanges PSR-PDS, Indio, California. City of Indio. ROADWAY DESIGN LEAD. Michael Baker prepared two Project Study Report – Project Development.
Support (PSR-PDS) documents to streamline the Project Initiation Document (PID) phase. One PSR-PDS was prepared for each interchange. The documents followed the new PDPM Appendix S guidelines. Three alternatives were evaluated for each interchange, including the no-build alternative. The build alternatives would address the existing capacity deficiencies, remove the existing bottlenecks, and accommodate growth and development utilizing context sensitive solution design, such as a Neighborhood Electric Vehicle path.
The PSR-PDS documents identified the need for interchange improvements and determined the capital and support costs for the project approval/environmental document (PA/ED); plans, specifications, and estimates (PS&E); and construction.
I-10 and Cherry Boulevard Interchange Project, Calimesa, California. Riverside County. PROJECT MANAGER. Michael Baker is providing environmental services for the Riverside County Transportation Department (RCTD) with the preparation of an initial study/environmental assessment (IS/EA) and a full suite of technical studies. Michael Baker has coordinated extensively with Caltrans District 8 in its role as the lead agency under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA).
Key environmental issues associated with the project include biological resources, noise, cultural resources, and air quality. Michael Baker obtained and approved a project study report/project development support (PSR-PDS) and is delivering the project approval/environmental document (PA/ED) phase.
I-10/Avenue 50 Interchange and Avenue 50 Extension, Coachella, California. City of Coachella. PROJECT ENGINEER. Mr. Walden was responsible for development and obtaining approval of the PS&E package. The environmental commitment to mimic the slopes of the existing terrain posed a unique challenge to the project team. Through multiple workshops, navigating sometimes conflicting requirements from stormwater, landscaping and aesthetics, and maintenance, led the effort to develop a design that would be approvable, buildable, and maintainable. Michael Baker is providing design, engineering, and consulting services for the Interstate 10 at Avenue 50 Interchange and Avenue 50 Extension. The interchange is being constructed to reduce projected operational deficiencies at the Dillon Road intersections, merge/diverge operations at S.R. 86S and Dillon Road, and freeway segments at S.R. 86S.
Q A / Q C M A N A G E R - E N G I N E E R I N G
Daniel Walden, PE
Mr. Walden is an experienced roadway design lead and contract manager, having led or supported multiple successful project deliveries over his career. Mr. Walden has experience in the design and preparation of preliminary engineering study documents, and final design construction documents, as well as experience on both traditional design-bid-build and design build projects. His experience includes transportation roadway design, grading and modeling for freeway, infrastructure and street improvement plans for both Caltrans and municipal clientele.
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Packet Pg. 659 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
DANIEL WALDEN LICENSE PROOF
I.19.b
Packet Pg. 660 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
24 Education
B.A., Environmental
Analysis and Design,
University of
California, Irvine
RELEVANT EXPERIENCE
SR 86/Avenue 50 New Interchange Project, Coachella, California. City of Coachella. PROJECT MANAGER. Mr. Ashimine oversaw a team of 20 in the preparation of a joint CEQA/NEPA document and performed quality control reviews of technical studies and draft documentation that required processing through Caltrans District 8. Mr. Ashimine coordinated and consulted with Caltrans Environmental Planning staff on a day-to-day basis and coordinated schedules under Caltrans WBS. Michael Baker assisted with preparation of CEQA/NEPA documentation for construction of a new bridge for Avenue 50 over the Coachella Valley Stormwater Channel (CVSC) and a new interchange at State Route 86. The existing crossing is a low water crossing that is frequently flooded during storm events. The project is intended to create a new bridge to improve safety and new interchange to improve travel within the project area. Key issues include channel hydraulics, biological resources, visual resources, and cultural resources due to the proximity of tribal lands to the project site.
Interstate 605/Katella Avenue Interchange Improvements, Los Alamitos, California. Orange County Transportation Authority (OCTA). ENVIRONMENTAL LEAD. Mr. Ashimine coordinated and consulted with Caltrans environmental planning staff regularly to prepare environmental documentation in support of the PA/ ED phase requiring processing through Caltrans District 12. Mr. Ashimine led a team of 20 to assist OCTA with the preparation of an Initial Study/Environmental Assessment (IS/EA) and provided quality control reviews throughout the I-605/Katella Avenue Interchange Improvements project. He also coordinated schedules under Caltrans WBS, consulted with Caltrans Environmental Planning staff and assisted with environmental aspects of public outreach and scoping. The IS/EA and associated technical studies were subject to review and approval by Caltrans District 12. The proposed project is intended to improve interchange traffic operations and improve pedestrian and bicycle facilities within the project limits. The proposed project includes modifications to interchange ramps and Katella Avenue
China Lake Boulevard Traffic Signal Synchronization Project (TSSP), Ridgecrest, California. City of Ridgecrest. ENVIRONMENTAL SPECIALIST. Mr. Ashimine managed a team of 20 and coordinated with Caltrans Environmental Planning staff to process a PES Form and NEPA documentation for the project, including a range of technical studies and a Categorical Exclusion. Michael Baker, under an on-call traffic engineering services contract for the City of Ridgecrest, was responsible for the Traffic Signal Synchronization Program (TSSP) project, which involves seven traffic signals along China Lake Boulevard. The project objective is to improve arterial traffic flow, reduce travel times and stops, and increase average speed, along the China Lake Boulevard Corridor through the synchronization of the traffic signals. As a result of Federal funding for the proposed project, Mr. Ashimine.
Park Place Extension EIR/EA, Ridgecrest, California. City of El Segundo. ENVIRONMENTAL SPECIALIST. Mr. Ashimine prepared technical analysis in support of the environmental document, and the required CEQA/NEPA clearance documentation for the Park Place Extension and Railroad Grade Separation Project. This project was subject to Caltrans standards, so Mr. Ashimine coordinated and consulted with Caltrans Environmental Planning staff and coordinated schedules with Caltrans WBS. The environmental analysis thoroughly discussed the existing conditions for each environmental issue area and evaluated the short- and long-term environmental impacts associated with project construction and operation (both individual and cumulative).
E N V I R O N M E N T A L M A N A G E R
Alan Ashimine
Mr. Ashimine has spent his career shepherding Caltrans projects through the environmental process, gathering deep experience in the Caltrans delivery process. He is a recognized expert in navigating the Caltrans environmental methodology, having worked extensively under the Caltrans Standard Environmental Reference’s (SER) guidance, procedures, annotated outlines, Americans with Disabilities Act (ADA) readability requirements, and environmental commitments records (ECR). Mr.
Ashimine provides defensible CEQA/NEPA compliance review and environmental documentation.
I.19.b
Packet Pg. 661 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
11 Education
B.S., Civil
Engineering/
Transportation,
California State
Polytechnic
University,
Pomona
Licenses/
Certifications
Professional
Engineer, Civil,
California, 90382
RELEVANT EXPERIENCE
I-10/Avenue 50 Interchange and Avenue 50 Extension, Coachella, California. City of Coachella. CIVIL ASSOCIATE. Mr. Salcedo’s responsibilities included assisting in coordinating environmental and engineering technical study approvals with Caltrans and the City. Michael Baker is providing design, engineering, and consulting services for the Interstate 10 at Avenue 50 Interchange and Avenue 50 Extension. The interchange is being constructed to reduce projected operational deficiencies at the Dillon Road intersections, merge/ diverge operations at S.R. 86S and Dillon Road, and freeway segments at S.R. 86S. It will also provide a new regional access point to I-10. Avenue 50 is proposed as a six-lane arterial highway that extends from the current terminus west of the Coachella Canal and ends north of the proposed interchange. For the project, Michael Baker is providing roadway design, state and federal environmental documentation, topographic and utilities surveys, records of survey, legal descriptions, easements, and a land net map I-10 Express Lanes Design-Build, San Bernardino, California. SBCTA. CIVIL ENGINEER. Mr. Salcedo was responsible for the design/oversight of 13 ramps, 5 bridges, 10+ walls and 20+ curb ramps. Prepare and review 100+ roadway plan sheets including layouts, profiles and superelevations, construction details, grading and typicals. Coordinate with Caltrans and the Contractor design decisions through weekly Technical Working Group meetings and over the shoulder reviews. Michael Baker is serving as lead designer for San Bernardino County Transportation Authority’s I-10 Corridor Express Lanes project. As part of the project, Michael Baker will manage the overall design process, which includes ensuring the design meets the 52-month schedule and established design criteria, as well as interfacing directly with the design-build contractor to integrate design and construction. Michael Baker is also responsible for roadway, structure, drainage, maintenance of traffic and intelligent transportation systems, utility relocation design, tolling, signals, lighting, landscape architecture, and survey activities throughout the corridor.
I-605/Katella Interchange Improvements Project, Los Alamitos, California. Orange County Transportation Authority (OCTA). CIVIL ENGINEER. Mr. Salcedo provided design and engineering services for improvements to the interchange at I-605 and Katella Avenue. This interstate serves as a major north-south highway, and Katella Avenue provides arterial access to residential, commercial, educational, and recreational destinations. With residents of Los Alamitos and the Rossmoor community requesting improvements that promote a “safer, smarter, and smoother”transportation system, this project fosters improved mobility for bicyclists and pedestrians and enhanced operations for automobile users on the state highway system. To this end, Michael Baker provided plans, specifications, and estimates for widening Katella Avenue to provide standard land and shoulder/bike lane widths, improving bike lane and sidewalk connectivity, eliminating unconventional lane drops, providing dedicated right-turn lanes, and adding an optional exit lane to the northbound off-ramp to westbound Katella Avenue/Willow Street. The northbound on-ramp geometry is also being revised to make it more standard and provide safer freeway entry speeds.
On-Call Project Initiation Services, Los Angeles County, California. Caltrans. CIVIL ENGINEER. Mr.
Salcedo assisted with providing environmental services supporting the preparation of Project Initiation Reports (PIRs). Each task order includes preparation of a Preliminary Environmental Assessment Report (PEAR) and/ or greenhouse gas emissions modeling.
ENGINEERING MANAGER
Hector Salcedo, PE
Mr. Salcedo is a well-rounded engineer who understands the key aspects of all PA/ED and PS&E project phases. He has experience working on all three phases of Caltrans project delivery phases which include the Project Initiation Documents (PID), Project Approval and Environmental Document (PA/ED), and Plans, Specifications and Estimates (PS&E). His vast project experience includes review and preparation of technical reports and preliminary geometric designs in the planning and development of major interchanges throughout Southern California I.19.b
Packet Pg. 662 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
HECTOR SALCEDO LICENSE PROOF
I.19.b
Packet Pg. 663 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
19 Education
M.S., Structural
Engineering,
California State
University Fullerton
B.S., Civil
Engineering,
San Jose State
University, California
Licenses/
Certifications
Professional
Engineer - Structural,
California, 5860
Professional
Engineer, Civil,
California, 74098
RELEVANT EXPERIENCE
SR-60 World Logistic Center (WLC) Interchange, City of Moreno Valley, California. City of Moreno Valley. STRUCTURAL DESIGN MANAGER. Mr. Haddadi was responsible for preliminary and final design of WLC overcrossing for City of Moreno Valley. Project involves extensive coordination with Caltrans District 8 and Caltrans Headquarter due to its unique aesthetic and construction staging features within the Caltrans right of way. Michael Baker is completing the final design phase of the project including the design of roadway modifications, roundabouts, ramp realignments, traffic studies and structure design. The project proposes to construct a new modified partial cloverleaf interchange with direct on-ramps, a direct eastbound off-ramp and westbound loop off-ramp, a four-lane overcrossing, and addition of roundabout intersection control at the ramps. Special structure aesthetic considerations include incorporation of Y-shape columns and sharp-angle soffit for the bridge, special-design bridge railing and bridge lighting design. Due to limited vertical clearance, the overcrossing will be built using a cast-high-and-lower method of construction utilizing spliced cast-in-place concrete segments which is unique to this project.
Indian Street Bridge over Perris Valley Channel Lateral A, Moreno Valley, California. City of Moreno Valley. PROJECT MANAGER. Mr. Haddadi was responsible for managing all design tasks and coordination with the owner and other agency stakeholders to deliver the environmental documents, obtain regulatory permitting and complete the final design for the bridge. The Indian Street / Cardinal Avenue New Bridge Project will provide a new approximately 150-foot long, two-lane prefabricated truss bridge spanning the Perris Valley Storm Channel Lateral A at Indian Street. As part of the project scope, the City of Moreno Valley will complete associated roadway improvements on Indian Street, including the addition of a combined sidewalk and bicycle crossing over the bridge.
Studebaker Road at SR 22 Westbound On/Off Ramp Improvements, Long Beach, California. City of Long Beach. STRUCTURAL DESIGN MANAGER. Mr. Haddadi was responsible for design of bridge modifications for existing Studebaker Road Overcrossing including load rating of the existing bridge and design of retaining walls related to the ramps and street improvements. Michael Baker is responsible for completing the Project Report, Environmental Documents and Final PS&E package. Under this project Caltrans District 7 and the City of Long Beach propose to realign the westbound on-and-off ramps at Studebaker Road, construct a new intersection at the on-off ramp termini with Studebaker Road, realign College Park Drive and construct a new intersection at College Park Drive with Studebaker. Bridge modifications include addition of concrete barrier Type 60MA on the bridge for separation of bike lanes and vehicular traffic and addition of bicyclist railing to the existing bridge barrier.
I-405 Multi-Asset South Design Build Project (Caltrans District 12), Irvine and Costa Mesa, California.
Cities of Irvine and Costa Mesa. STRUCTURAL DESIGN MANAGER. Mr. Haddadi was responsible for final design delivery of all bridge and structure related elements for work including bridge rehabilitation work, retaining walls, sound walls and drainage structures. Michael Baker is the prime firm for this project which includes improvements to extend he life expectancy of pavement, improve safety for all modes of travelers as well as maintenance crews, enhance traffic operation, manage congestion, and provide the ability to collect, analyze, and utilize data for efficient systems performance along the I-405 corridor within the Project limits. The limits of the project are between the I-405 / I-5 interchange to the south and the Harbor Blvd. Interchange to the north, approximately 11.2 miles
L E A D S T R U C T U R A L E N G I N E E R
Pooya Haddadi, PE, SE
Mr. Haddadi has extensive experience in delivering bridge centered projects involving rehabilitation, replacement, widening and new construction based on Caltrans policies and guidelines. His bridge experience encompasses all levels of design from conceptual and feasibility studies to final design and construction support. He also has strong project experience with particular emphasis on design and construction of local road and highway bridges, major viaducts, retaining walls and underground drainage structures.
I.19.b
Packet Pg. 664 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
POOYA HADDADI LICENSE PROOF
I.19.b
Packet Pg. 665 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
23 Education
B.S., Civil
Engineering,
University of
California, Irvine
Licenses/
Certifications
Professional
Engineer, Civil,
California, 65140
RELEVANT EXPERIENCE
I-10 Express Lanes Design-Build, San Bernardino, California. SBCTA. DRAINAGE MANAGER. Mr.
Losey was responsible for leading and coordinating four drainage teams preparing the final drainage PS&E for the corridor which included stormwater data report and H&H calculations. Mr. Losey also coordinated with USACE for Section 408 permit approval, assisted with the preparing of the SWPPP and evaluated hydromodification impacts and mitigations. Michael Baker is serving as lead designer for San Bernardino County Transportation Authority’s I-10 Corridor Express Lanes project. As part of the project, Michael Baker will manage the overall designprocess, which includes ensuring the design meets the 52-month schedule and established design criteria, as well as interfacing directly with the design-build contractor to integrate design and construction. He also works with Caltrans District 8 staff and Branch Chief to advise on water quality approach, trash capture techniques, evaluation of hydraulic constraints. Michael Baker is also responsible for roadway, structure, drainage, maintenance of traffic and intelligent transportation systems, utility relocation design, tolling, signals, lighting, landscape architecture, and survey activities throughout the corridor. 12A1695 - Task Order 2: SR-55 Safety Project, Southbound Off-Ramp to Lincoln Avenue & SR-91 Safety Project, Eastbound Off-Ramp to Tustin Avenue, Orange County, California. Caltrans District
12. DRAINAGE MANAGER. Mr. Losey led the drainage team and provided QA/QC for the offsite and onsite H&H, erosion control design, temporary water pollution control plans, and coordinated with District 12 Hydraulic Branch Chief to develop details addressed erosion control ROW concern. Mr. Losey also oversaw and provided technical guidance for final drainage PS&E, and drainage report preparation. This project proposes to improve the ramp conditions by overlaying them with Open Grade Asphalt Concrete (OGAC) and providing new storm drain systems to address the collisions occurring during wet conditions and upgrading existing guardrail systems
US-101 HOV Lanes PA/ED, Ventura County, California. Ventura County Transportation Commission. DRAINAGE MANAGER. Mr. Losey provided technical guidance to drainage team in preparing and provided QA/QC for Location Hydraulic Studies, Floodplain Evaluation Reports, Preliminary Hydraulic Reports, and Rapid Stability Assessments. Mr. Losey also addressed Caltrans comments during the review cycle. Michael Baker provided PA&ED phase services for the implementation of HOV lanes along 27 miles of US-101 in Ventura County through the cities of Ventura, Oxnard, Camarillo, and Thousand Oaks, under Caltrans District 7 oversight. Michael Baker also prepared geometric plans for the build alternatives through the cities of Camarillo and Thousand Oaks and prepared drainage and utility plans for the entire corridor.
I-5/La Novia Avenue (Camino Capistrano) and Valle Road Interchange/ Roundabout PEER and PS&E San Juan Capistrano, California. City of San Juan Capistrano and Caltrans District 12. DRAINAGE MANAGER. Mr. Losey oversaw the preparation of the drainage report, PS&E in Caltrans Format and responsible for hydraulics, hydrology, and drainage design including stormwater data report in compliance with NPDES stormwater regulations. Michael Baker prepared environmental studies, preliminary and final design, and provided construction support through the construction phase of thismultiphase interchange improvement project, which was the first roundabout on the state highway system in District 12. The purpose was to realign the Northbound I-5 exit and entrance ramps, Valle Road, and La Novia Avenue to eliminate the existing offset intersection and congestion due to geometric deficiencies
DRAINAGE MANAGER
Bradley Losey, PE
Mr. Losey has spent his career on challenging highway drainage design projects, from design support roles through project management, to leading large teams such as his most recent role as Drainage Lead on a major Design Build project. Mr. Losey’s Caltrans drainage experience has given him a thorough understanding of Caltrans delivery processes, and the ability to deftly navigate an efficient path from PA/ED phase through PS&E. His experience includes H&H studies, computer modeling, project reports, storm drain design, and preparation of plans and specifications.
I.19.b
Packet Pg. 666 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
BRAD LOSEY LICENSE PROOF
I.19.b
Packet Pg. 667 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
25 Education
B.S., Civil
Engineering,
University of
California, Davis
Licenses/
Certifications
Professional
Engineer, Traffic,
California, TR2402
RELEVANT EXPERIENCE
Interchange and Corridor Studies:
TRANSPORTATION / VMT
Jason Pack, TE
Mr. Pack has an extensive background in travel demand forecasting, traffic operations assessment (including micro-simulation assessment), VMT analysis, big data analysis, transit ridership forecasting, and transportation impact studies involving NEPA and CEQA. His recent work has included forecasting and operations assessment for large infrastructure improvements, developing recommendations for SB 743 implementation (California’s new requirements to consider VMT as an impact metric under CEQA), assisting agencies with establishing VMT banks/exchanges, emergency evacuation assessment to respond to new legislative requirements (SB 99 and AB 747) and development of innovative transportation policies to assist City’s advancing transportation.
Mr. Pack has completed the Traffic Report for numerous transportation infrastructure studies throughout California. The most notable of these studies are described below (Project, Location/Client). • I-15 Express Lanes PS&E.
San Bernardino County, California.
• I-15 Express Lanes Southern Extension
(ELPSE) PA&ED.
Riverside County, California.
• I-15 Corridor Operations Project (COP)
PA&ED. Corona, California.
• I-15 Interim Corridor Operations Project
(ICOP) PA&ED. Corona, California.
• I-10 Truck Climbing Lane PA&ED and
PS&E. Yucaipa, California.
• I-10 Mt. Vernon PA&ED. Colton, California.
• SR-60 Archibald PSR/PDS, PA&ED, PS&E.
Ontario, California.
• I-10/Alabama PSR/PDS and PA&ED.
Redlands, California.
• I-15 Central (SR-74) PA&ED and PS&E.
Lake Elsinore, California.
• I-15 Main Street Electrical Support.
Lake Elsinore, California.
• I-15 Nichols PSR/PDS.
Lake Elsinore, California.
• I-15 Franklin PS&E and Environmental
Revalidation. Lake Elsinore, California.
• SR-210 Victoria PA&ED. Highland, California.
• I-10 Wildwood PSR and PA&ED.
Yucaipa, California.
• I-10 Cherry Valley PA&ED.
Calimesa, California.
• I-10 Pennsylvania DEER Support.
Beaumont, California.
• I-10 Highland Springs PA&ED.
Beaumont, California.
• I-10 Monroe PSR/PDS and PA&ED.
Indio, California.
• I-10 Jackson PSR/PDS and PA&ED.
Indio, California.
• SR-60 Rubidoux PSR/PDS.
Jurupa Valley, California.
• SR-60 Redlands PSR/PDS.
Moreno Valley, California.
• I-215 Harley Knox PA&ED.
Perris, California.
• I-215 McCall PSR/PDS and PA&ED.
Perris, California.
• I-215 Garbani PSR/PDS.
Menifee, California.
• Monterey Avenue Signal Coordination
Study. Palm Desert, California.
• OCTA Main Street Grade Separation Study.
Orange, California.
• OCTA Ball Road Grade Separation Study.
Ahaheim, California.
I.19.b
Packet Pg. 668 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
JASON PACK LICENSE PROOF
I.19.b
Packet Pg. 669 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT CITY OF MORENO VALLEY ▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
Years Experience
13 Education
B.S., Civil
Engineering,
California
Polytechnic State
University, Pomona
Licenses/
Certifications
Professional
Engineer, Traffic,
California, TR2797
TRANSPORTATION / VMT
Paul Herrmann, TE
Mr. Herrmann has led a wide variety of projects including traffic studies, infrastructure projects, travel demand forecasting, parking and circulation studies, and long-range development plans. Mr.
Herrmann is an expert in SB 743 Implementation and VMT Analysis for CEQA projects. Mr. Herrmann is also an active member in the Fehr & Peers SB 743, Evacuation Planning and Safety Working Groups which hold weekly discussions on evolving industry best practices. He is also an active member in Fehr & Peers’ Parking and Land Use in Transportation Discipline Group.
RELEVANT EXPERIENCE
I-15 & SR-74 Interchange Improvement PAED, Lake Elsinore, California. City of Lake Elsinore. PROJECT MANAGER. Mr. Herrmann was the Project Manager responsible for the Traffic Operations Analysis Report (TOAR) and Intersection Control Evaluation (ICE) Evaluation for the project for use in the Caltrans Project Approval Environmental Documentation (PAED). Fehr & Peers is part of a team performing the interchange analysis for the City of Lake Elsinore. The purpose of the project is to improve traffic operations and reduce congestion at the I-15/SR-74 Interchange taking into account the current traffic volumes and future (2045) travel demand on the I-15 and SR-74 corridors, including improving existing and future local and regional traffic operations, enhancing safety by reducing queues at the local intersections and along congested off-ramps, Increasing operational reliability, optimizing the local intersection operations to improve mobility within the study area and the access to residences, businesses, I-15, and SR-74.
I-15 & McCall Interchange Improvement PAED, Menifee, California. City of Menifee. PROJECT MANAGER. Mr. Herrmann was the Project Manager responsible for the Traffic Operations Analysis Report (TOAR) and Intersection Control Evaluation (ICE) Evaluation for the project for use in the Caltrans PAED.
Fehr & Peers is part of a team performing the interchange analysis for the City of Menifee. The purpose of the project is to increase capacity and improve traffic operations on McCall Boulevard to support the forecasted travel demand for the 2048 design year, accommodate a multimodal facility that has harmony with the community and preserves the values of the area; and improve existing geometric deficiencies.
I-15 Congestion Relief Auxiliary Lane Project, Temecula, California. City of Temecula. PROJECT MANAGER. Mr. Herrmann was the Project Manager responsible for the Traffic Operations Analysis Report (TOAR) for the project for use in the Caltrans streamlined Permit Engineering Evaluation Report (PEER). The objective of the proposed project is to improve traffic operations along northbound I-15 between the Temecula Parkway On-Ramp and Rancho California Road Off-Ramp (Post Miles 3.4-5.0) through the construction of an auxiliary lane. This project included use of the Riverside County travel demand forecasting model (RIVTAM) to prepare traffic volume forecasts for the corridor. Fehr & Peers utilized our HCS equivalent spreadsheet tool to conduct HCM Freeway Analysis. An SB 743 compliant VMT Assessment was also performed.
I-10 Cherry Valley Boulevard Interchange, Calimesa, California. County of Riverside. QA/QC ENGINEER. Mr. Herrmann served as a Quality Assurance/Quality Control (QA/QC) Engineer for the project.
Fehr & Peers is part of a team completing the Caltrans Project Approval Environmental Documentation (PAED). for the County of Riverside, California. This includes development of future traffic volumes in the area.
Fehr & Peers also developed a VISSIM microsimulation model to evaluate traffic operations for the No Build and Build Alternatives. Using future traffic volumes and the microsimulation. Fehr & Peers also assisted the team with alternative screening in order to determine which alternatives should be considered as part of the Traffic Operations Analysis Report (TOAR). The TOAR documented operations analysis for the arterial and freeway facilities in the study area for Existing, Opening Year, and Design Year. In addition, we are assisting the team to develop and evaluate interchange concepts as part of the ICE process.
I.19.b
Packet Pg. 670 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
CITY OF MORENO VALLEY
▬ STATE ROUTE 60 / REDLANDS BOULEVARD INTERCHANGE IMPROVEMENTS
RESUMES
PAUL HERRMANN LICENSE PROOF
I.19.b
Packet Pg. 671 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT 5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
I.19.b
Packet Pg. 672 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT EXHIBIT “C”
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in-house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, copies of record and off-record maps and other record and off-record property data, right-of-way maps and other right-of-way data, pending or proposed subject property land division and development application data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.
2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the Consultant.
3. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.
I.19.b
Packet Pg. 673 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT EXHIBIT “D”
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $ 2,231,876.31 _____ .
2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: http://www.moval.org/biz-lic.
3. The Consultant will electronically submit an invoice to the City along with documentation evidencing services completed to date as specified in the Request for Proposal. Progress payments will be made in accordance with the payment schedule outlined in the Request for Proposal, but in no case will progress payments be made to the Consultant more frequently than once per month. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progress payment shall be final. The consultant will submit all original invoices to Accounts Payable staff at [email protected]. Accounts Payable questions can be directed to (951) 413-3130.
4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be I.19.b
Packet Pg. 674 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
5. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Consultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
I.19.b
Packet Pg. 675 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT SUBMITTED BY:
PROJECT NO. 801 0064 | MAY 9, 2024
COST PROPOSAL | 2024-016
SUBMITTED TO:
PROFESSIONAL CONSULTANT DESIGN SERVICES
FOR STATE ROUTE 60 / REDLANDS BOULEVARD
INTERCHANGE IMPROVEMENTS
CITY OF MORENO VALLEY
Exhibit "D" I.19.b
Packet Pg. 676 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT City of Moreno Valley
SR-60 and Redlands Blvd Interchange PA/ED Project
Fee Proposal
Classifications Bridge Principal Bridge Engineer Bridge CADD SR. PROJECT
MANAGER
TECHNICAL
MANAGER PROJECT MANAGER SENIOR ENGINEER
PROJECT
ENGINEER
LANDSCAPE
ARCHITECT BIOLOGIST ENVIRONMENTAL SPECIALIST
SR.
ENVIRONMENTAL
SPECIALIST
DESIGN
ENGINEER
Task No. Task Description $334.61 $158.95 $189.50 $407.49 $292.55 $224.08 $195.04 $158.21 $198.51 $273.86 $147.01 $185.49 $136.42
1.0 PROJECT MANAGEMENT 0 0 0 138 44 236 36 254 0 0 0 0 88
1.1 Project Administration and Control 80 140 60
1.2 Project Meetings 30 40 40 142 60
1.3 Budgeting 20
1.4 Cost Accounting and Project Reporting 24 36
1.5 Scheduling 12 28
1.6 Risk Management 4 4 20 20
1.7 Quality Control Plan 36
2.0 Planning and Project Development 36 226 130 24 82 405 48 384 0 40 0 40 210
2.1 Research and Data Gathering 12 15 16 8
2.2 PA/ED Survey (Supplemental)
2.3 Permits and Right of Entry 4 24 40 40
2.4 Traffic Analysis and Studies 4 4 8 8 28 14
2.5 Value Analysis 16 16 8 16 28 16 8
2.6 Geometric Alternative Screening 40 40 40 40
2.7 Project Footprint 20 40 20
2.8 Structure Advance Planning Studies 20 210 130 30 160
2.9 Life Cycle Cost Analysis for Pavement 16 24
2.10 Preliminary Transportation Management Plan 20 40
2.11 Storm Water Data Report
2.12 Preliminary Drainage and Hydraulics
2.13 Right of way Data Sheet and Utility Coordination 14 20 40
2.14 Preliminary Geotechnical Investigations and Evaluations (SPGR, PMR,PFR,ISA) 40
2.15 Geometric Approval Drawings 8 40 160 80
3.0 PREPARE DRAFT PROJECT REPORT 0 0 0 20 50 164 56 382 0 0 0 0 276
3.1 Cost Estimates for Alternatives 4 2 8 16 24 24
3.2 Geometric Plans for Project Build Alternatives 8 48 16 40 118 20
3.3 Design Standard Decision Documents 16 40 40
3.4 Draft Project Report 8 60 120 112
3.5 Highway Safety Manual Analysis 32 40 40
3.6 Modified Access Report (OPTIONAL) 32 40 40
Michael Baker International, Inc.
I.19.b
Packet Pg. 677 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Classifications Bridge Principal Bridge Engineer Bridge CADD SR. PROJECT
MANAGER
TECHNICAL
MANAGER PROJECT MANAGER SENIOR ENGINEER
PROJECT
ENGINEER
LANDSCAPE
ARCHITECT BIOLOGIST ENVIRONMENTAL SPECIALIST
SR.
ENVIRONMENTAL
SPECIALIST
DESIGN
ENGINEER
Task No. Task Description $334.61 $158.95 $189.50 $407.49 $292.55 $224.08 $195.04 $158.21 $198.51 $273.86 $147.01 $185.49 $136.42
4.0 ENVIRONMENTAL TECHNICAL STUDIES 0 0 0 0 64 20 0 110 10 54 250 447 78
4.1 Noise Study Report and Noise Abatement Decision Report 6
4.2 Air Quality Assessment/Air Quality Conformity Analysis 6
4.3 Energy Analysis Report (EAR) 4
4.4 Visual Impact Assessment (VIA) 4 20 10 45
4.5 Phase I Initial Site Assessment (ISA) 4
4.6 Water Quality Assessment Report (WQAR) 4 110 78
4.7 Community Impact Assessment (CIA) 4 50 20
4.8 Relocation Impact Memorandum (RIM) 2 12
4.9 Natural Environment Study/MSHCP Consistency 4 30 60 50
4.10 Jurisdictional Delineation 4 8 20 50
4.11 Determination of Biologically Equivalent or Superior Preservation (DBESP) 4 8 24 60
4.12 Historic Property Survey Report/Archaeological Survey Report/Historic Resources Evaluation Report 4 20 70
4.13 Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER) 2 12 35
4.14 Location Hydraulics Study/Summary Floodplain Encroachment Report (LHS/SFER) 2
4.15 Farmland Evaluation/Form AD-1006 2 68
4.16 Section 4(f) Analysis De Minimis Finding 2 25
4.17 Right-of-Entry (ROE) Assistance (OPTIONAL) 4 40
4.18 Focused Burrowing Owl Survey and Report (OPTIONAL) 2 8 12 24
5.0 DRAFT ENVIRONMENTAL DOCUMENT 0 0 0 0 127 22 0 32 0 0 324 148 0
5.1 Administrative Draft EIR/EA 90 8 8 250 110
5.2 Public Review EIR/EA 20 8 50 30
5.3 Notice of Public Review and Public Hearing 12 6 24 24 8
5.4 Noticing/Publication Assistance (OPTIONAL) 4
5.5 Public Meeting Facility (OPTIONAL) 1
6.0 APPROVED PROJECT REPORT AND FINAL ENVIRONMENTAL DOCUMENT 0 0 0 0 38 45 0 90 0 0 150 150 40
6.1 Update Draft Project Report 20 40 20 20
6.2 Approved Project Report 15 40 20
6.3 Final Environmental Document 30 6 6 90 40
6.4 Regulatory Permitting 8 4 4 60 90
36 226 130 182 405 892 140 1252 10 94 724 785 692
Mileage /
Travel= $ 3,240.00 Postage / Mailing= $ 2,500.00 Visual Model= $ 18,000.00 Records Searches= $ 2,250.00 Repro= $ 10,000.00 Total Hours and Fee: $12,045.92 $35,922.11 $24,634.79 $74,163.69 $118,482.67 $199,882.97 $27,305.93 $198,075.92 $1,985.13 $25,743.12 $106,438.64 $145,608.76 $94,405.82 Other Direct Costs:
Total Hours:
I.19.b
Packet Pg. 678 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Classifications
Task No. Task Description
1.0 PROJECT MANAGEMENT
1.1 Project Administration and Control
1.2 Project Meetings
1.3 Budgeting
1.4 Cost Accounting and Project Reporting
1.5 Scheduling
1.6 Risk Management
1.7 Quality Control Plan
2.0 Planning and Project Development
2.1 Research and Data Gathering
2.2 PA/ED Survey (Supplemental)
2.3 Permits and Right of Entry
2.4 Traffic Analysis and Studies
2.5 Value Analysis
2.6 Geometric Alternative Screening
2.7 Project Footprint
2.8 Structure Advance Planning Studies
2.9 Life Cycle Cost Analysis for Pavement
2.10 Preliminary Transportation Management Plan
2.11 Storm Water Data Report
2.12 Preliminary Drainage and Hydraulics
2.13 Right of way Data Sheet and Utility Coordination
2.14 Preliminary Geotechnical Investigations and Evaluations (SPGR, PMR,PFR,ISA)
2.15 Geometric Approval Drawings
3.0 PREPARE DRAFT PROJECT REPORT
3.1 Cost Estimates for Alternatives
3.2 Geometric Plans for Project Build Alternatives
3.3 Design Standard Decision Documents
3.4 Draft Project Report
3.5 Highway Safety Manual Analysis
3.6 Modified Access Report (OPTIONAL)
Michael Baker International, Inc.
City of Moreno Valley
SR-60 and Redlands Blvd Interchange PA/ED Project
Fee Proposal
ENVIRONMENTAL
ANALYST
DESIGNER /
PLANNER
UTILITY
COORDINATOR
ASSISTANT
ENGINEER /
PLANNER
SURVEY TASK
MANAGER SURVEY PLS PROJECT SURVEYOR
SURVEY
ANALYST
TWO PERSON
CREW
DRAINAGE
MANAGER
DRAINAGE
PROJECT
ENGINEER
DRAINAGE CIVIL
ENGINEER
DRAINAGE
ASSISTANT
$119.70 $119.11 $126.71 $111.13 $323.59 $202.76 $198.65 $150.70 $337.02 $308.22 $247.45 $148.43 $106.97 0 0 0 44 0 0 0 0 0 0 0 0 0
44 0 200 80 283 8 40 50 34 70 28 60 160 320
38 8 40 50 34 70
30 30
10 8
14 40
60 20
4 24 60 160 320
20 80 48
80 85
0 210 0 226 0 0 0 0 0 0 0 0 0
16 80 80
130 130
I.19.b
Packet Pg. 679 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Classifications
Task No. Task Description
4.0 ENVIRONMENTAL TECHNICAL STUDIES
4.1 Noise Study Report and Noise Abatement Decision Report
4.2 Air Quality Assessment/Air Quality Conformity Analysis
4.3 Energy Analysis Report (EAR)
4.4 Visual Impact Assessment (VIA)
4.5 Phase I Initial Site Assessment (ISA)
4.6 Water Quality Assessment Report (WQAR)
4.7 Community Impact Assessment (CIA)
4.8 Relocation Impact Memorandum (RIM)
4.9 Natural Environment Study/MSHCP Consistency
4.10 Jurisdictional Delineation
4.11 Determination of Biologically Equivalent or Superior Preservation (DBESP)
4.12 Historic Property Survey Report/Archaeological Survey Report/Historic Resources Evaluation Report
4.13 Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER)
4.14 Location Hydraulics Study/Summary Floodplain Encroachment Report (LHS/SFER)
4.15 Farmland Evaluation/Form AD-1006
4.16 Section 4(f) Analysis De Minimis Finding
4.17 Right-of-Entry (ROE) Assistance (OPTIONAL)
4.18 Focused Burrowing Owl Survey and Report (OPTIONAL)
5.0 DRAFT ENVIRONMENTAL DOCUMENT
5.1 Administrative Draft EIR/EA
5.2 Public Review EIR/EA
5.3 Notice of Public Review and Public Hearing
5.4 Noticing/Publication Assistance (OPTIONAL)
5.5 Public Meeting Facility (OPTIONAL)
6.0 APPROVED PROJECT REPORT AND FINAL ENVIRONMENTAL DOCUMENT
6.1 Update Draft Project Report
6.2 Approved Project Report
6.3 Final Environmental Document
6.4 Regulatory Permitting
Total Hours and Fee:
Other Direct Costs:
Total Hours:
ENVIRONMENTAL
ANALYST
DESIGNER /
PLANNER
UTILITY
COORDINATOR
ASSISTANT
ENGINEER /
PLANNER
SURVEY TASK
MANAGER SURVEY PLS PROJECT SURVEYOR
SURVEY
ANALYST
TWO PERSON
CREW
DRAINAGE
MANAGER
DRAINAGE
PROJECT
ENGINEER
DRAINAGE CIVIL
ENGINEER
DRAINAGE
ASSISTANT
$119.70 $119.11 $126.71 $111.13 $323.59 $202.76 $198.65 $150.70 $337.02 $308.22 $247.45 $148.43 $106.97 710 0 0 0 0 0 0 0 0 8 32 60 160
115
140
90 140
55 8 32 60 160
60 60
50 947 0 0 0 0 0 0 0 0 0 0 0 0
650
225
40 24
8 350 60 0 0 0 0 0 0 0 0 0 0 0
40 20
350
2007 470 80 553 8 40 50 34 70 36 92 220 480
$240,231.68 $55,980.67 $10,136.90 $61,457.32 $2,588.75 $8,110.40 $9,932.50 $5,123.80 $23,591.40 $11,096.01 $22,765.34 $32,653.68 $51,345.41
I.19.b
Packet Pg. 680 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Classifications
Task No. Task Description
1.0 PROJECT MANAGEMENT
1.1 Project Administration and Control
1.2 Project Meetings
1.3 Budgeting
1.4 Cost Accounting and Project Reporting
1.5 Scheduling
1.6 Risk Management
1.7 Quality Control Plan
2.0 Planning and Project Development
2.1 Research and Data Gathering
2.2 PA/ED Survey (Supplemental)
2.3 Permits and Right of Entry
2.4 Traffic Analysis and Studies
2.5 Value Analysis
2.6 Geometric Alternative Screening
2.7 Project Footprint
2.8 Structure Advance Planning Studies
2.9 Life Cycle Cost Analysis for Pavement
2.10 Preliminary Transportation Management Plan
2.11 Storm Water Data Report
2.12 Preliminary Drainage and Hydraulics
2.13 Right of way Data Sheet and Utility Coordination
2.14 Preliminary Geotechnical Investigations and Evaluations (SPGR, PMR,PFR,ISA)
2.15 Geometric Approval Drawings
3.0 PREPARE DRAFT PROJECT REPORT
3.1 Cost Estimates for Alternatives
3.2 Geometric Plans for Project Build Alternatives
3.3 Design Standard Decision Documents
3.4 Draft Project Report
3.5 Highway Safety Manual Analysis
3.6 Modified Access Report (OPTIONAL)
Michael Baker International, Inc.
SR-60 and Redlands Blvd Interchange PA/ED Project
DRAINAGE
ENGINEER
DRAINAGE
ASSOCIATE
PROJECT
CONTROLS ADMIN
$136.23 $113.98 $101.60 $101.57 Hours Fee Hours Fee
0 0 80 35 955 $197,774.52 0 $0.00 0 $0.00
280 $73,463.65 0 $0.00 0 $0.00
35 391 $71,986.02 0 $0.00 0 $0.00
20 $3,164.15 0 $0.00 0 $0.00
80 140 $25,974.79 0 $0.00 0 $0.00
40 $5,718.38 0 $0.00 0 $0.00
48 $10,446.00 0 $0.00 0 $0.00
36 $7,021.52 0 $0.00 0 $0.00
80 160 0 0 3,198 $539,610.78 1,202 $229,760.00 0 $0.00
89 $14,717.68 0 $0.00 0 $0.00
202 $49,346.85 0 $0.00 0 $0.00
168 $31,198.08 0 $0.00 0 $0.00
84 $14,573.09 1,202 $229,760.00 0 $0.00
122 $27,290.59 0 $0.00 0 $0.00
200 $33,314.66 0 $0.00 0 $0.00
140 $22,667.11 0 $0.00 0 $0.00
550 $109,335.86 0 $0.00 0 $0.00
40 $7,382.33 0 $0.00 0 $0.00
80 $13,192.14 0 $0.00 0 $0.00
80 160 244 $30,368.95 0 $0.00 0 $0.00
564 $80,222.71 0 $0.00 0 $0.00
222 $29,611.82 0 $0.00 0 $0.00
40 $8,963.36 0 $0.00 0 $0.00
453 $67,425.54 0 $0.00 0 $0.00
0 0 0 24 1,408 $221,104.73 0 $0.00 0 $0.00
94 $15,977.74 0 $0.00 0 $0.00
24 434 $70,943.46 0 $0.00 0 $0.00
96 $15,370.63 0 $0.00 0 $0.00
560 $80,900.94 0 $0.00 0 $0.00
112 $18,955.98 0 $0.00 0 $0.00
112 $18,955.98 0 $0.00 0 $0.00
Total Michael
Baker Hours
Total Michael Baker
Fee
Fehr & Peers Arrellano
I.19.b
Packet Pg. 681 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Classifications
Task No. Task Description
4.0 ENVIRONMENTAL TECHNICAL STUDIES
4.1 Noise Study Report and Noise Abatement Decision Report
4.2 Air Quality Assessment/Air Quality Conformity Analysis
4.3 Energy Analysis Report (EAR)
4.4 Visual Impact Assessment (VIA)
4.5 Phase I Initial Site Assessment (ISA)
4.6 Water Quality Assessment Report (WQAR)
4.7 Community Impact Assessment (CIA)
4.8 Relocation Impact Memorandum (RIM)
4.9 Natural Environment Study/MSHCP Consistency
4.10 Jurisdictional Delineation
4.11 Determination of Biologically Equivalent or Superior Preservation (DBESP)
4.12 Historic Property Survey Report/Archaeological Survey Report/Historic Resources Evaluation Report
4.13 Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER)
4.14 Location Hydraulics Study/Summary Floodplain Encroachment Report (LHS/SFER)
4.15 Farmland Evaluation/Form AD-1006
4.16 Section 4(f) Analysis De Minimis Finding
4.17 Right-of-Entry (ROE) Assistance (OPTIONAL)
4.18 Focused Burrowing Owl Survey and Report (OPTIONAL)
5.0 DRAFT ENVIRONMENTAL DOCUMENT
5.1 Administrative Draft EIR/EA
5.2 Public Review EIR/EA
5.3 Notice of Public Review and Public Hearing
5.4 Noticing/Publication Assistance (OPTIONAL)
5.5 Public Meeting Facility (OPTIONAL)
6.0 APPROVED PROJECT REPORT AND FINAL ENVIRONMENTAL DOCUMENT
6.1 Update Draft Project Report
6.2 Approved Project Report
6.3 Final Environmental Document
6.4 Regulatory Permitting
Total Hours and Fee:
Other Direct Costs:
Total Hours:
DRAINAGE
ENGINEER
DRAINAGE
ASSOCIATE
PROJECT
CONTROLS ADMIN
$136.23 $113.98 $101.60 $101.57 Hours Fee Hours Fee
Total Michael
Baker Hours
Total Michael Baker
Fee
Fehr & Peers Arrellano
0 0 0 0 2,003 $309,079.40 0 $0.00 0 $0.00
6 $1,755.30 0 $0.00 0 $0.00
6 $1,755.30 0 $0.00 0 $0.00
4 $1,170.20 0 $0.00 $0.00
194 $29,749.15 0 $0.00 0 $0.00
4 $1,170.20 0 $0.00 0 $0.00
192 $29,214.15 0 $0.00 0 $0.00
214 $28,988.28 0 $0.00 0 $0.00
104 $13,122.00 0 $0.00 0 $0.00
144 $27,481.41 0 $0.00 0 $0.00
82 $15,575.84 0 $0.00 0 $0.00
96 $18,018.79 0 $0.00 0 $0.00
234 $33,852.28 0 $0.00 0 $0.00
104 $15,424.72 0 $0.00 0 $0.00
262 $36,989.95 0 $0.00 0 $0.00
70 $13,198.34 0 $0.00 0 $0.00
87 $12,404.14 0 $0.00 0 $0.00
104 $14,232.60 0 $0.00 0 $0.00
96 $14,976.76 0 $0.00 0 $0.00
0 0 0 60 1,660 $241,678.70 0 $0.00 910 $93,848.15
30 1,146 $167,395.40 0 $0.00 0 $0.00
30 363 $50,538.03 0 $0.00 0 $0.00
114 $18,452.22 0 $0.00 910 $93,848.15
28 $4,042.92 0 $0.00 0 $0.00
9 $1,250.13 0 $0.00 0 $0.00
0 0 0 20 943 $141,843.70 0 $0.00 0 $0.00
140 $22,012.57 0 $0.00 0 $0.00
95 $14,800.21 0 $0.00 0 $0.00
20 542 $75,646.47 0 $0.00 0 $0.00
166 $29,384.45 0 $0.00 0 $0.00
80 160 80 139 10,167 $1,651,091.82 1,202 $229,760.00 910 $93,848.15 $ 35,990.00 $6,750.00 $39,000.00
$10,898.62 $18,237.44 $8,127.94 $14,118.48 10,167 $1,687,081.82 1,202 $236,510.00 910 $132,848.15
I.19.b
Packet Pg. 682 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Classifications
Task No. Task Description
1.0 PROJECT MANAGEMENT
1.1 Project Administration and Control
1.2 Project Meetings
1.3 Budgeting
1.4 Cost Accounting and Project Reporting
1.5 Scheduling
1.6 Risk Management
1.7 Quality Control Plan
2.0 Planning and Project Development
2.1 Research and Data Gathering
2.2 PA/ED Survey (Supplemental)
2.3 Permits and Right of Entry
2.4 Traffic Analysis and Studies
2.5 Value Analysis
2.6 Geometric Alternative Screening
2.7 Project Footprint
2.8 Structure Advance Planning Studies
2.9 Life Cycle Cost Analysis for Pavement
2.10 Preliminary Transportation Management Plan
2.11 Storm Water Data Report
2.12 Preliminary Drainage and Hydraulics
2.13 Right of way Data Sheet and Utility Coordination
2.14 Preliminary Geotechnical Investigations and Evaluations (SPGR, PMR,PFR,ISA)
2.15 Geometric Approval Drawings
3.0 PREPARE DRAFT PROJECT REPORT
3.1 Cost Estimates for Alternatives
3.2 Geometric Plans for Project Build Alternatives
3.3 Design Standard Decision Documents
3.4 Draft Project Report
3.5 Highway Safety Manual Analysis
3.6 Modified Access Report (OPTIONAL)
Michael Baker International, Inc.
City of Moreno Valley
SR-60 and Redlands Blvd Interchange PA/ED Project
Fee Proposal
Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 955 $197,774.52 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 280 $73,463.65
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 391 $71,986.02
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 20 $3,164.15
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 140 $25,974.79
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 40 $5,718.38
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 48 $10,446.00
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 36 $7,021.52
164 $30,206.05 90 $13,260.00 240 $54,699.60 0 $0.00 1,696 $327,925.65 4,894 $867,536.42 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 89 $14,717.68
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 202 $49,346.85
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 168 $31,198.08
0 $0.00 0 $0.00 0 $0.00 0 $0.00 1,202 $229,760.00 1,286 $244,333.09 0 $0.00 0 $0.00 240 $54,699.60 0 $0.00 240 $54,699.60 362 $81,990.19 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 200 $33,314.66
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 140 $22,667.11
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 550 $109,335.86 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 40 $7,382.33
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $13,192.14
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 244 $30,368.95
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 564 $80,222.71
0 $0.00 90 $13,260.00 0 $0.00 0 $0.00 90 $13,260.00 312 $42,871.82 164 $30,206.05 0 $0.00 0 $0.00 0 $0.00 164 $30,206.05 204 $39,169.41 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 453 $67,425.54
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1,408 $221,104.73 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 94 $15,977.74
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 434 $70,943.46
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 96 $15,370.63
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 560 $80,900.94
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 112 $18,955.98
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 112 $18,955.98
Michael Baker Total
Team Fee
Total Michael
Baker Team
Hours
Leighton Total Subconsultant(s) Monument VMS TAHA
I.19.b
Packet Pg. 683 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Classifications
Task No. Task Description
4.0 ENVIRONMENTAL TECHNICAL STUDIES
4.1 Noise Study Report and Noise Abatement Decision Report
4.2 Air Quality Assessment/Air Quality Conformity Analysis
4.3 Energy Analysis Report (EAR)
4.4 Visual Impact Assessment (VIA)
4.5 Phase I Initial Site Assessment (ISA)
4.6 Water Quality Assessment Report (WQAR)
4.7 Community Impact Assessment (CIA)
4.8 Relocation Impact Memorandum (RIM)
4.9 Natural Environment Study/MSHCP Consistency
4.10 Jurisdictional Delineation
4.11 Determination of Biologically Equivalent or Superior Preservation (DBESP)
4.12 Historic Property Survey Report/Archaeological Survey Report/Historic Resources Evaluation Report
4.13 Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER)
4.14 Location Hydraulics Study/Summary Floodplain Encroachment Report (LHS/SFER)
4.15 Farmland Evaluation/Form AD-1006
4.16 Section 4(f) Analysis De Minimis Finding
4.17 Right-of-Entry (ROE) Assistance (OPTIONAL)
4.18 Focused Burrowing Owl Survey and Report (OPTIONAL)
5.0 DRAFT ENVIRONMENTAL DOCUMENT
5.1 Administrative Draft EIR/EA
5.2 Public Review EIR/EA
5.3 Notice of Public Review and Public Hearing
5.4 Noticing/Publication Assistance (OPTIONAL)
5.5 Public Meeting Facility (OPTIONAL)
6.0 APPROVED PROJECT REPORT AND FINAL ENVIRONMENTAL DOCUMENT
6.1 Update Draft Project Report
6.2 Approved Project Report
6.3 Final Environmental Document
6.4 Regulatory Permitting
Total Hours and Fee:
Other Direct Costs:
Total Hours:
Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee
Michael Baker Total
Team Fee
Total Michael
Baker Team
Hours
Leighton Total Subconsultant(s) Monument VMS TAHA
0 $0.00 82 $12,500.00 0 $0.00 570 $63,995.50 652 $76,495.50 2,655 $385,574.90 0 $0.00 0 $0.00 0 $0.00 280 $30,701.86 280 $30,701.86 286 $32,457.16 0 $0.00 0 $0.00 0 $0.00 184 $20,914.56 184 $20,914.56 190 $22,669.86 0 $0.00 0 $0.00 0 $0.00 62 $7,315.20 62 $7,315.20 66 $8,485.40 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 194 $29,749.15
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 4 $1,170.20
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 192 $29,214.15
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 214 $28,988.28
0 $0.00 82 $12,500.00 0 $0.00 44 $5,063.88 126 $17,563.88 230 $30,685.88 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 144 $27,481.41
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 82 $15,575.84
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 96 $18,018.79
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 234 $33,852.28
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 104 $15,424.72
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 262 $36,989.95
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 70 $13,198.34
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 87 $12,404.14
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 104 $14,232.60
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 96 $14,976.76
0 $0.00 0 $0.00 0 $0.00 0 $0.00 910 $93,848.15 2,570 $335,526.85 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1,146 $167,395.40 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 363 $50,538.03
0 $0.00 0 $0.00 0 $0.00 0 $0.00 910 $93,848.15 1,024 $112,300.37 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 28 $4,042.92
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 9 $1,250.13
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 943 $141,843.70 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 140 $22,012.57
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 95 $14,800.21
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 542 $75,646.47
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 166 $29,384.45
164 $30,206.05 172 $25,760.00 240 $54,699.60 570 $63,995.50 3,258 $498,269.30 13,425 $2,149,361.11 $0.00 $300.00 $0.00 $475.20 $46,525.20 $82,515.20
164 $30,206.05 172 $26,060.00 240 $54,699.60 570 $64,470.70 3,258 $544,794.50 13,425 $2,231,876.31
I.19.b
Packet Pg. 684 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT EXHIBIT “E”
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession.
Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
I.19.b
Packet Pg. 685 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT
4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage shall be primary and no contribution shall be required of City.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made I.19.b
Packet Pg. 686 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.
Verification of Coverage
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
I.19.b
Packet Pg. 687 Attachment: Consultant Agreement [Revision 2] (6628 : AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT Report to City Council
ID#6651 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 21, 2024
TITLE: ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
FEST, AND FIREWORKS SHOW
RECOMMENDED ACTION
Recommendations:
1. Authorize the Moreno Valley Police Department and Public Works Director/City Engineer the authority to approve all street closures for the 4th of July Parade, Fun Fest and Fireworks Show as outlined in this staff report.
SUMMARY
This report recommends granting the Moreno Valley Police Department/Public Works Department/City Engineer the authority to approve street closures for the City’s 4th of July Parade and Fun Fest. Recommended street closures for the parade route are the same closures approved for the 2023 event. The Fun Fest site street closures will be in the best interest of participant and general public safety. The parade begins at 9:30 a.m. on Frederick Street, south of Alessandro Boulevard. The Fun Fest is held at the Civic Center Amphitheater and Park, beginning at 3:00 p.m. Around 9:00 p.m., the fireworks show will begin as the finale for the Fun Fest. The Fun Fest will end around 9:30 p.m. when the fireworks show concludes.
DISCUSSION
For the past 35 years, the City has sponsored the Independence Day Celebration, which includes a parade, festivities, and fireworks show. The parade in 2023 was a success, with more than 90 entries comprised largely of local businesses, church groups, youth groups, and other non-profit organizations. Approximately 1,500 spectators attended the 2023 Independence Day Parade.
I.20
Packet Pg. 688
The Fun Fest and Fireworks Display were also successful in attracting an estimated 15,000 spectators to the City’s amphitheater and surrounding streets. Those in attendance enjoyed the festival atmosphere throughout the day and the excitement of the fireworks display that evening. Street closures for both the parade and the festival site are the same as those closures for the 2023 event.
I. Proposed Street Closures
1. Closure of the following streets between the hours of 6:00 a.m. and 12:00 p.m. to conduct the Fourth of July Parade scheduled to take place on Thursday, July 4, 2024:
a. Towngate Boulevard between Frederick Street, Eucalyptus Avenue and Memorial Way;
b. Frederick Street between Centerpointe Drive and Cactus Avenue; c. Cottonwood Avenue between Pan Am Boulevard and Dunhill Drive; d. Eucalyptus Avenue between Pan Am Boulevard and Kochi Drive; e. Dracaea Avenue between Pan Am Boulevard and Kochi Drive; f. Atlantic Circle east of Frederick Street;
g. Brabham Street between Frederick Street and Andretti Street; h. Towngate Boulevard between Frederick Street and Heritage Way; i. Bay Avenue between Kristina Court and Courage Street; j. Alessandro Boulevard between Chagall Court and Elsworth Street; k. Brodiaea Avenue between Joy Street, and Frederick Street; l. Resource Way between Frederick Street and Corporate Way; m. Corporate Way between Calle San Juan de Los Lagos and Resource Way;
n. Eastridge Street between Frederick Street and Heritage Way; o. Calle San Juan De Los Lagos between Frederick Street and Veterans Way;
p. Veterans Way between Business Center Drive and Alessandro Boulevard;
q. New Hope between Veterans Way and Elsworth;
r. Veterans Way between Cactus Avenue and Alessandro Boulevard, and
s. Heritage Way between Towngate Boulevard and Town Circle.
2. Restrict parking along the southern roadway edge of Alessandro Boulevard between Frederick Street and Graham Street from 12:00 am until 10:00 pm on July 4, 2024.
3. Closure of the following street between the hours of 8:00 pm to 9:45 pm for the firework fallout zone.
a. Alessandro Boulevard between Frederick Street and Graham Street.
II. Parade Discussion
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Packet Pg. 689
The parade takes place on July 4, 2024. Parade participants enter north onto Veterans Way from Cactus Avenue and check in near just south of Calle San Juan De Los Lagos. Staging for the parade takes place on Calle San Juan de Los Lagos, Corporate Way, Resource Way, and Frederick Street. The parade route begins on Frederick Street at Alessandro Boulevard and proceeds north on Frederick Street to Towngate Boulevard. When the parade reaches the intersection of Towngate Boulevard and Frederick Street, it turns westbound on Towngate Boulevard and finally turns northbound onto Heritage Way. Parade participants disband in the parking lot located between the rear of the Burlington store and the Regency Theater in the Towngate Shopping Center. The parade begins promptly at 9:30 a.m. and concludes before noon. Based on the prior year’s attendance, city staff is anticipating approximately 2,000 participants and spectators for the parade.
III. Fun Fest Discussion & Fireworks Show
Festivities continue on July 4, 2024, from 3:00 p.m. to 9:30 p.m. with the Fun Fest activities at the Civic Center Amphitheater and Park. Staff is anticipating a very large crowd based on past Fun Fest events. Additionally, the Fun Fest consists of food vendors, game booths, rides, inflatables, live entertainment, and a beer garden. There will be limited capacity inside the Fun Fest, along with minimal parking availability. At the conclusion of the event, police officers will be stationed at major intersections surrounding the Civic Center Amphitheater and Park. Police officers will manually control the traffic signal lights as needed to facilitate the safe and efficient exodus of spectators out of the area.
As part of the 4th of July Parade & Fun Fest planning process, businesses and residents that are potentially impacted by the street closures receive written notification of the street closures scheduled to take place. All written notices will be completed by the Moreno Valley Parks and Community Services Department.
ALTERNATIVES
1. Authorize the Public Works Director/City Engineer the authority to approve all 4th of July Parade and Fun Fest street closures in concurrence with the Moreno Valley Police Department. Staff recommends this alternative as it will allow a thorough process to ensure participant and resident safety.
2. Elect not to authorize the Public Works Director/City Engineer the authority to approve all 4th of July Parade and Fun Fest street closures in concurrence with the Moreno Valley Police Department and provide further direction to staff. Staff does not recommend this alternative, as businesses and residents need to be advised of potential street closures as soon as possible.
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Packet Pg. 690
FISCAL IMPACT
Any costs associated with the requested street closures are addressed in the Police Department’s and Public Works’ FY 2023/24 operating budgets.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Riverside County Sheriff Melissa Walker, P.E.
Public Works Director/City Engineer
Concurred By:
Wei Sun, T.E., PTOE
City Traffic Engineer
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
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 2.8: Enhance communication and coordination with City departments to provide accountability in emergency preparedness activities and minimize redundancy of efforts citywide.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. 4th of July Parade Staging Layout
2. 2024 4th of July - Traffic Plan
3. 4th of July Fun Fest
4. 4th of July Parade Route
APPROVALS
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Packet Pg. 691
Budget Officer Approval ✓ Approved . 5/12/24 2:25 PM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/13/24 9:04 AM
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Packet Pg. 692
4th of July Parade Staging Layout
Parade Entry
Check-in →
Parade Participant
Parking & Drop-off
Staging
Parade
Start
VIP &
Judges/
Announcers
Parking
Staff
Parking
Parade
Large Entry
Check-in
Key:
ADA Parking
Porta Potty
Staff Check-in
Staff Placement
Equestrian
Staging
I.20.a
Packet Pg. 693 Attachment: 4th of July Parade Staging Layout [Revision 1] (6651 : ROAD CLOSURES FOR 4TH OF JULY 4th of July Parade Staging Layout
Equipment Placement
Cones
Cones Cone
Cones Cones
Cones
FREDERICK ST.
CALLE SAN JUAN DE LOS LAGOS VETERANS WAY
CACTUS AVE Corporate Way
Resource Way
I.20.a
Packet Pg. 694 Attachment: 4th of July Parade Staging Layout [Revision 1] (6651 : ROAD CLOSURES FOR 4TH OF JULY 4th of July Parade Staging Layout
Equestrian Staging
Equestrian
Check-in
CACTUS AVE Frederick St
Brodiaea Ave Graham St
I.20.a
Packet Pg. 695 Attachment: 4th of July Parade Staging Layout [Revision 1] (6651 : ROAD CLOSURES FOR 4TH OF JULY
CITY HALL
POLICE STATION FREDERICK ST.
CONFERENCE &
RECREATION CENTER
CHECK-IN CALLE SAN JUAN DE LOS LAGOS VETERANS WAY
Parade Entry Check-in
CACTUS AVE
I.20.a
Packet Pg. 696 Attachment: 4th of July Parade Staging Layout [Revision 1] (6651 : ROAD CLOSURES FOR 4TH OF JULY
CITY HALL
POLICE STATION FREDERICK ST.
CONFERENCE &
RECREATION CENTER
CALLE SAN JUAN DE LOS LAGOS
CHECK-IN VETERANS WAY
Volunteer & Announcer
Parking
· City Hall—14177 Frederick St
Moreno Valley, 92553
· Must have parking pass displayed to get
through road closures
CACTUS AVE
I.20.a
Packet Pg. 697 Attachment: 4th of July Parade Staging Layout [Revision 1] (6651 : ROAD CLOSURES FOR 4TH OF JULY Moreno Valley
Parade & Funfest
Traffic Control Plan
July 2024
BY: DEPUTY CHRIS LOUCKS #3774
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Packet Pg. 698 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN This year, the city of Moreno Valley will hold the annual 4th of July festival at the new civic center amphitheater and park, which is located west of City Hall and north of the Public Safety Building. It is the priority of the Moreno Valley Sheriff’s Station to ensure for the safety and security of all patrons.
Separate roadway closures will be in place during each stage of the event, with the first stage being the parade, the second stage being the family fun festival and the third stage being the fireworks show.
The second stage of roadway closures will be established about 60 minutes before the fireworks show begins at 2100 hours.
Roving motors will be enforcing “No parking/stopping” along Alessandro Boulevard, Frederick Street and Calle San Juan De Los Lagos. These areas will be continually monitored throughout the day.
Public Works will post signs as needed to provide a mechanism for vehicles to be removed when necessary. This will ensure the firework “fallout” zone is clear of vehicles.
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Packet Pg. 699 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
STAGE ONE ROADWAY CLOSURES
(PARADE)
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Packet Pg. 700 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
TRAFFIC CONTROL POINTS
Parade Operations
Sunday July 4th, 2021
TCP #1 Cactus / Frederick
1. 0630 hours, no traffic allowed northbound on Frederick Street from Cactus Avenue. (Exceptions to this will be larger commercial type vehicles/parade entries, Waste Management truck(s) and any other larger vehicles for MV Honor Band) TCP #2 Alessandro / Elsworth
1. No traffic eastbound on Alessandro Boulevard from Elsworth Street.
2. Northbound and southbound on Elsworth Street and westbound traffic on Alessandro Boulevard is acceptable.
TCP #3 Veterans / New Hope
1. No southbound traffic on Veterans Way from Goldencrest Drive. (Parade participants only allowed to leave) TCP #4 Veterans / Alessandro
1. No southbound traffic on Veterans Way from Alessandro Boulevard. (RSO Employees allowed into area for work) TCP #5 Alessandro / Courage
1. Not Manned
2. Cone pattern diverting all southbound traffic westbound Alessandro Boulevard at 0915 hours.
TCP #6 Alessandro / Frederick
1. 0630 hours, no traffic southbound on Frederick Street from Alessandro Boulevard.
2. 0915 hours, no traffic eastbound or westbound on Alessandro Boulevard from Frederick Street. (No traffic onto Frederick from Avocado Burger shopping complex)
TCP #7 Alessandro W/O Chagall
1. No traffic westbound on Alessandro Boulevard from Chagall Court.
2. Have all vehicles approaching Frederick Street and Alessandro Boulevard make a U-turn or enter the shopping center’s parking lot to watch / wait for parade to end.
TCP #8 Alessandro / Graham
1. Traffic to be advised (Via Electronic Sign) about road closures ahead.
TCP #9 Frederick / Bay
1. No eastbound or westbound traffic from Bay Avenue allowed onto Frederick Street.
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Packet Pg. 701 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #10 Frederick / Cottonwood
1. No eastbound or westbound traffic from Cottonwood Avenue allowed onto Frederick Street. Block off 99 Cent Store southeast driveway – and southwest driveway of old CPS office.
TCP #11 Frederick @ Moreno Valley Park
1. No traffic from the two (2) driveways at the east roadway edge allowed onto Frederick Street.
TCP #12 Frederick / Dracaea
1. No eastbound or westbound traffic from Dracaea Avenue allowed onto Frederick Street.
TCP #13 Frederick / Eucalyptus
1. No eastbound or westbound traffic from Eucalyptus Avenue allowed onto Frederick Street. Traffic allowed through the business center parking lot for residents that live in the Penske Street / Brabham Street area.
TCP #14 Frederick / Atlantic
1. No westbound traffic from Atlantic Circle allowed onto Frederick Street.
TCP #15 Frederick / Towngate (Mobil Driveways)
1. No southbound traffic on Frederick Street from Towngate Avenue.
TCP #16 Frederick / Centerpoint
1. No southbound traffic on Frederick Street from Centerpoint Drive.
TCP #17 Frederick /Brabham
1. No southbound traffic on Frederick Street from Brabham Street.
TCP #18 Towngate / Heritage
1. Create eastbound and westbound traffic lanes for apartment access in the eastbound lane east of the intersection. Divert all southbound traffic on Heritage Drive to westbound Towngate Avenue. Divert northbound traffic westbound Towngate Avenue.
TCP #19 Heritage / Town Circle
1. No northbound or southbound Traffic on Heritage Way.
TCP #20 Mobil Driveway / Towngate
1. No southbound traffic out of driveway.
TCP #21 Chase Driveway / Towngate
1. No southbound traffic out of driveway.
TCP #22 Polly’s Pies Driveway / Heritage
1. No southbound traffic out of driveway.
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Packet Pg. 702 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #23 Theater Driveway / Heritage
1. No southbound traffic out of driveway.
TCP #24 Veterans / Calle San Juan De Los Lagos:
1. 5 Cones (Motors Prep) (City Staff)
TCP #25 Veterans / Cactus
1. No northbound traffic on Cactus Avenue. (City Staff—Parade participants only) TCP #26 Frederick / Brodiaea
1. No westbound traffic on Brodiaea Avenue. (City Staff—Shut down at Fredrick Street) TCP #27 Elsworth / Goldencrest
1. No westbound or eastbound traffic on Goldencrest Drive east of Elsworth Street. (City Staff) I.20.b
Packet Pg. 703 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #1 - CACTUS & FREDERICK
- Supplies Needed: 65 Cones / 2 Barricades with 2 ROAD CLOSED signs - 0630 hours, no traffic allowed northbound on Frederick Street from Cactus Avenue. (Exceptions to this will be larger commercial type vehicles/parade entries, Waste Management truck(s) and any other larger vehicles for MV Honor Band) I.20.b
Packet Pg. 704 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP # 2 - ALESSANDRO & ELSWORTH
- Supplies Needed: 50 Cones / 2 Barricades with 2 ROAD CLOSED signs - No traffic eastbound on Alessandro Boulevard from Elsworth Street. Northbound and southbound on Elsworth Street and westbound traffic on Alessandro Boulevard is acceptable.
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Packet Pg. 705 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #3 - VETERANS & NEWHOPE
- Supplies Needed: 15 Cones / 2 Barricades with 2 ROAD CLOSED signs - No northbound traffic on Veterans Way from Goldencrest Drive. (Parade participants only) I.20.b
Packet Pg. 706 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #4 - ALESSANDRO & VETERANS
- Supplies Needed: 15 Cones / 2 Barricades with 2 ROAD CLOSED signs - No southbound traffic on Veterans Way from Alessandro Boulevard. (RSO Employees allowed into area for work and Mounted Posse will be allowed in to stage north of the station)
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Packet Pg. 707 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #5 - ALESSANDRO & COURAGE
- Supplies Needed: 30 Cones / 2 Barricades with 2 ROAD CLOSED signs - Not Manned
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Packet Pg. 708 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #6 - ALESSANDRO & FREDERICK
- Supplies Needed: 75 Cones / 6 Barricades with 6 ROAD CLOSED signs (Cones/Barricades will be placed to the side after parade for use during Stage 2 &3 Roadway closures) - 0630 hours, no traffic southbound on Frederick Street from Alessandro Boulevard. 0915 hours, no traffic eastbound or westbound on Alessandro Boulevard from Frederick Street. (No traffic onto Frederick from Avocado Burger shopping complex) I.20.b
Packet Pg. 709 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #7 - ALESSANDRO WEST OF CHAGALL
- Supplies Needed: 35 Cones / 2 Barricades with 2 ROAD CLOSED signs (Cones will be placed to the side after parade for use during Stage 3 Roadway closures) - No traffic westbound on Alessandro Boulevard from Chagall Court. Have all vehicles approaching Frederick Street and Alessandro Boulevard make a U-turn or enter the shopping center’s parking lot to watch / wait for parade to end.
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Packet Pg. 710 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #8 - ALESSANDRO & GRAHAM
- Supplies Needed: 50 Cones / 2 Barricades with 2 ROAD CLOSED signs (Cones will be placed to the side after parade for use during Stage 3 Roadway closures) - No traffic westbound on Alessandro Boulevard from Graham Street.
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Packet Pg. 711 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #9 - FREDERICK & BAY
- Supplies Needed: 40 Cones / 2 Barricades with 2 ROAD CLOSED signs (Cones will be placed to the side after parade for use during Stage 2 Roadway closures) - No eastbound or westbound traffic from Bay Avenue allowed onto Frederick Street.
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Packet Pg. 712 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #10 - FREDERICK & COTTONWOOD
- Supplies Needed: 50 Cones / 4 Barricades with 4 ROAD CLOSED signs - No eastbound or westbound traffic from Cottonwood Avenue allowed onto Frederick Street. Block off 99 Cent Store southeast driveway – and southwest driveway of old CPS office.
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Packet Pg. 713 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #11 - MV COMMUNITY PARK DRIVEWAYS
- Supplies Needed: 30 Cones
- No traffic from the two (2) driveways at the east roadway edge allowed onto Frederick Street.
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Packet Pg. 714 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #12 - FREDERICK & DRACAEA
- Supplies Needed: 40 Cones / 3 Barricades with 3 ROAD CLOSED signs - No eastbound or westbound traffic from Dracaea Avenue allowed onto Frederick Street.
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Packet Pg. 715 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #13 - FREDERICK & EUCALYPTUS
- Supplies Needed: 80 Cones / 2 Barricades with 2 ROAD CLOSED signs • No eastbound or westbound traffic from Eucalyptus Avenue allowed onto Frederick Street. Southbound traffic on Frederick Street diverted westbound on Eucalyptus Avenue. Traffic allowed through the business center parking lot for residents that live in the Penske Street / Brabham Street area.
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Packet Pg. 716 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #14 - FREDERICK & ATLANTIC
- Supplies Needed: 25 Cones / 1 Barricade with 1 ROAD CLOSED sign / 1 right turn only sign - No eastbound or westbound traffic from Atlantic Circle allowed onto Frederick Street. Apartment traffic allowed to proceed southbound on Frederick Street to Eucalyptus Avenue. Northbound left-turn pocket coned off to prevent vehicles from entering the parade route. Right turn only sign posted at apartment exit.
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Packet Pg. 717 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #15
- MOBIL DRIVEWAY
- Supplies Needed: 20 Cones / 1 Barricades with 1 ROAD CLOSED sign - No southobudn traffc onto Frederick Street from driveway.
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Packet Pg. 718 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #16 - FREDERICK & CENTERPOINT
- Supplies Needed: 50 Cones / 2 Barricades with 2 ROAD CLOSED signs - No southbound traffic on Frederick Street from Centerpoint Drive.
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Packet Pg. 719 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #17 FREDERICK & BRABHAM
- Supplies Needed: 15 Cones / 1 Barricade with 1 ROAD CLOSED sign - No southbound traffic on Frederick Street from Brabham Street.
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Packet Pg. 720 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #18(1) - TOWNGATE TO HERITAGE
- Supplies Needed: 200 Cones
- Cone-off left turn pockets to protect parade route from eastbound traffic. Only residents / guests of Stella at Towngate Apartment Complex allowed eastbound on Towngate Boulevard to enter apartment complex. No traffic allowed to exit the Stella at Towngate Apartment Complex’s northern driveway.
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Packet Pg. 721 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #18(2) - TOWNGATE TO HERITAGE
Supplies Needed: 75 cones
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Packet Pg. 722 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #19
- HERITAGE & TOWN
- Supplies Needed: 30 Cones / 2 Barricades with 2 ROAD CLOSED signs - No northbound or southbound traffic on Heritage Way.
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Packet Pg. 723 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #20
- MOBIL DRIVEWAY
- Supplies Needed: 15 Cones / 1 Barricade with 1 ROAD CLOSED sign - No southbound traffic onto Towngate Avenue driveway.
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Packet Pg. 724 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #21 - CHASE BANK DRIVEWAY
- Supplies Needed: 10 Cones / 1 Barricade with ROAD CLOSEDSIGN - No southbound traffic onto Towngate Avenue.
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Packet Pg. 725 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #22
- POLLY’S PIES DRIVEWAY
Supplies Needed: 10 cones
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Packet Pg. 726 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #23
- THEATER DRIVEWAY
- Supplies Needed: 10 Cones - No southbound traffic out of driveway.
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Packet Pg. 727 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #25 VETERANS & CACTUS
- Supplies Needed: 15 Cones / 1 Barricade with 1 ROAD CLOSED sign - No northbound traffic on Veterans Way (CITY STAFF MAINTAINED - PARADE PARTICIPANTS ONLY) I.20.b
Packet Pg. 728 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #26 - FREDERICK & BRODIAEA
- Supplies Needed: 20 Cones / 2 Barricades with 2 ROAD CLOSED signs - No northbound traffic on Veterans Way (CITY STAFF MAINTAINED - PARADE PARTICIPANTS ONLY) I.20.b
Packet Pg. 729 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN TCP #27 - GOLDENCREST EAST OF ELSWORTH
- Supplies Needed: 15 Cones / 1 Barricade with 1 ROAD CLOSED sign - No eastbound or westbound traffic on Goldencrest Drive (CITY STAFF MAINTAINED - PARADE PARTICIPANTS ONLY) I.20.b
Packet Pg. 730 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
STAGE TWO ROADWAY CLOSURES
(FIREWORK SHOW)
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Packet Pg. 731 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
ALESSANDRO & GRAHAM
- Supplies Needed: 50 Cones / 2 Barricades with 2 ROAD CLOSED signs (Cones/Barricades will have been placed to the side after parade for use during Stage 3 Roadway closures) - No traffic westbound on Alessandro Boulevard from Graham Street.
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Packet Pg. 732 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
FREDERICK & BAY
- Supplies Needed: 50 Cones / 1 Barricade with 1 ROAD CLOSED sign (Cones/Barricades will have been placed to the side after parade for use during Stage 3 Roadway closures) I.20.b
Packet Pg. 733 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
ALESSANDRO & FREDERICK
- Supplies Needed: 50 Cones / 2 Barricades with 2 ROAD CLOSED signs (Cones/Barricades will have been placed to the side after parade for use during Stage 3 Roadway closures) I.20.b
Packet Pg. 734 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
ALESSANDRO EAST OF FREDERICK
- Supplies Needed: 30 Cones
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Packet Pg. 735 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
ALESSANDRO & CHAGALL
- Supplies Needed: 30 Cones / 1 Barricade with 1 ROAD CLOSED sign - All traffic from the apartment complex northbound on Chagall Court.
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Packet Pg. 736 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
FREDERICK & CALLE SAN JUAN DE LOS LAGOS
- Supplies Needed: 50 Cones / 1 Barricade with 1 ROAD CLOSED sign - All northbound traffic diverted to westbound Calle San Juan De Los Lagos.
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Packet Pg. 737 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
FREDERICK NORTH OF CALLE SAN JUAN DE LOS LAGOS
- Supplies Needed: 20 Cones
- Turn lane closed off.
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Packet Pg. 738 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN
SUPPLIES NEEDED
STAGE 1 ROADWAY CLOSURES:
28” Orange Cones—1,200 Requested / 970 (actual)
Barricades with “ROAD CLOSED” signs— 50 Requested / 44 (actual) STAGE 2 ROADWAY CLOSURES:
28” Orange Cones—280 (150 Will be left over from Stage 1 roadway closures) Barricades with “ROAD CLOSED” signs—7 (all 7 will be left over from Stage 1 roadway closures) I.20.b
Packet Pg. 739 Attachment: 2024 4th of July - Traffic Plan (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN Beer
Garden
Gate 2
Gate 3
Restrooms
Fire Lane
Overflow
Parking
Demo. Garden
Gate 1
Firework Viewing
Area
Stage
CRC
Fire Lane
First Aid
ADA Viewing
Fun Zone
Vendors
Fire Lane
Vendors
Big Screen
July 4th Funfest 2024—Overview
Sponsor Booths
VIP SeaƟng
Band
Parking
Restrooms
Co. Sup. GuƟer
RR
City Clerk
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Packet Pg. 740 Attachment: 4th of July Fun Fest [Revision 1] (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN Day
Old HWY 215
Frederi
ck
Gr
aham
Hea
cock
Sunnymead
Eucalyptus
Cactus
Box Springs Ironwood Elsworth Veterans
Cottonwood
Alessandro
Hemlock
Campus Pkwy
Gateway Dr.
4TH OF JULY
PARADE ROUTE
IMPORTANT - PLEASE READ
Check-in and staging begins at 7:30 a.m.
Parade will begin at promptly 9:30 a.m.
(All handicapped parking is accessible only via Cactus & Veteran’s Way.
You must have valid handicapped permit with you)
PARADE VEHICLES & VIP ONLY -
Please report to check-in area located on Veterans Way and Cactus Ave. All Parade Vehicles, Equestrian Entries & VIP’s must enter from Cactus Ave.
PARADE PARTICIPANTS PARKING & DROP OFFS
Access to parade parking lot & drop off area @ Elsworth & Newhope.
All vehicles not in the parade must enter @ Elsworth & Newhope.
LEGEND
Parade Route
Staging Area
Check-In
Approach Routes
Judging Stand
X
Heritage way
Centerpoint Dr.
Moreno
Valley Mall
TownGate
Center
Parking
Towngate Bl.
Eucalyptus
Frederick St.
Destaging
area for
cars &
equestrian
entries
Elsworth
Frederick
Newhope
Goldencrest
Veterans Way
Parade Entry &
VIP Check-In
Equestrian Lot
Parade Entry
Handicapped Parking
Participant
Parking
Drop Off VIP Starting Area
X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X
X X X X X X
Moreno
Valley Mall
60 60
INTERSTATE
215
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Packet Pg. 741 Attachment: 4th of July Parade Route [Revision 1] (6651 : ROAD CLOSURES FOR 4TH OF JULY PARADE, FUN FEST, AND FIREWORKS SHOW) Report to City Council
ID#6623 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 21, 2024
TITLE: AUTHORIZATION TO AWARD CONSTRUCTION
CONTRACT TO PACIFIC WEST UNDERGROUND INC.
FOR SUNNYMEAD MDP LINE B-16A PROJECT NO. 804
0015
RECOMMENDED ACTION
Recommendations:
1. Award a construction contract to Pacific West Underground Inc. (32147 Dunlap Blvd Ste K, Yucaipa, CA 92399) for the Sunnymead MDP Line B-16A Project;
2. Authorize the City Manager to execute a contract with Pacific West Underground Inc. in the amount of $1,479,442.00, funded by PW General Capital Projects Funds (Fund 3002) and Capital Projects Reimbursements Funds (Fund 3008);
3. Authorize the issuance of a Purchase Order to Pacific West Underground Inc. for the amount of $1,701,358.30 ($1,479,442.00 bid amount plus 15% contingency) when the contract has been signed by all parties; and
4. Authorize the Public Works Director/City Engineer to execute any subsequent related change orders to the contract with Pacific West Underground Inc. up to the budget as previously approved by Council, subject to the approval of the City Attorney.
SUMMARY
This report recommends approval of a contract with Pacific West Underground Inc. for construction of Sunnymead MDP Line B-16A, Project No. 804 0015. This project is to mitigate flooding and erosion on Kitching Street and mitigate flood related damage to public roads and private properties. This project is funded by a Cooperative Agreement with Riverside County Flood Control and Water Conservation District (District) and I.21
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Capital Projects Reimbursements funds and is included in the adopted Fiscal Year 2023/24 and 2024/25 Capital Improvement Plan (CIP).
DISCUSSION
The lack of existing underground water conveyance systems in the area has resulted in flooding and erosion along Kitching Street, Valley View, and Ivy Lane during major storms. This project provides the construction of approximately 2,000 feet of storm drain pipe along Kitching Street from north of Ironwood Avenue to Kalmia Avenue and approximately 500 feet along Kalmia Avenue east of Kitching Street. The proposed storm drain system is identified as storm drain Line B-16A in the District’s Sunnymead Master Drainage Plan (MDP). This storm drain collects flows from surrounding area near Kalmia Avenue and Kitching Street and discharges to an existing flood control system located on Kitching Street, approximately 300' north of Ironwood Avenue.
This project includes the construction of an asphalt concrete roadway along Kitching Street for maintenance and local/emergency access purposes. The project also includes various street related improvements to accommodate the new storm drain systems. All street improvements associated with this project are funded by the City’s funds while the drainage improvements portion of the project are funded by the District’s master drainage plan fees.
The Planning Division of the Community Development Department determined on August 22, 2022, that this project qualifies for a Class I Categorical Exemption as defined in both Section 15301c of the California Environmental Quality Act (CEQA) and Section 5.1.2 of the City’s Rules and Procedures for the Implementation of CEQA.
The Project was advertised for construction bids on March 19, 2024, and formal bidding procedures have been followed in conformance with Public Contract Code. Bids were received via the electronic bid management system, OpenGov.com, on April 16, 2024, and two (2) bids were received as follows:
CONTRACTORS Verified Bid Amounts
1. Pacific West Underground Inc................................................................ $1,479,442.00
2. KEC Engineering. .................................................................................. $2,726,888.00 The lowest responsible bidder was determined by comparing the cumulative total for all bid items as stipulated in the Bidding Documents. Staff has reviewed the bid by Pacific West Underground Inc. and found it to be the lowest responsible bidder in possession of a valid license and bid bond. No outstanding issues were identified through review of the references submitted by Pacific West Underground Inc. in their bid.
Staff recommends the award of the contract and issuance of a purchase order to Pacific West Underground Inc. in the amount of $1,701,358.30 which includes a 15% contingency. The contingency amount ($221,916.30) is recommended to account for any latent or unforeseen circumstances encountered during construction. Unforeseen conditions may include unsuitable soils or hazardous wastes which need to be properly processed and removed. In addition, the nature of this type of project, underground, I.21
Packet Pg. 743
there may be unforeseen conflicting appurtenances that may be encountered during trenching and installation of the underground storm drains.
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 the construction of Sunnymead MDP Line B-16A and will mitigate flooding and erosion on Kitching Street and nearby Ivy Lane. Staff recommends this alternative.
2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will result in delaying the timely construction of the project. Kitching Street and nearby Ivy Lane will continue to experience flooding and erosion without any storm drain improvements constructed. Staff does not recommend this alternative.
FISCAL IMPACT
The storm drain improvements portion of this project are funded by a Cooperative Agreement with Riverside County Flood Control and Water Conservation District (Fund 3002) and is included in the adopted Fiscal Year 2023/24 and 2024/25 Capital Improvement Plan (CIP). The available budget (Fund 3008) for Project 801 0096 is utilized to fund the costs for pavement construction and street related improvements portion of this project. There is no impact to the General Fund.
FISCAL YEAR 2023/24 AVAILABLE BUDGET:
PW General Capital Projects
(GL Account: 3002-70-77-80004-720199) (Project No. 804 0015-3002-99) ... $1,602,634 Capital Projects Reimbursements
(GL Account: 3008-70-77-80001-720199) (Project No. 801 0096-3008-99) ... $1,240,000 Total................................................................................................................ $2,902,060 ESTIMATED PROJECT-RELATED COSTS:
Construction (includes 15% contingency) .................................................. $1,701,358.30 Material Testing and Geotechnical Engineering................................................... $80,000 Construction Inspection........................................................................................ $50,000 City Staff Project Management............................................................................. $20,000 Total........................................................................................................... $1,851,358.30 ANTICIPATED PROJECT SCHEDULE:
Construction Period .............................................................. July 2024 - December 2024 I.21
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NOTIFICATION
The City provided information and outreach during the design phase of the project.
Capital Projects also notified residents on Kitching Street in person to provide project information and develop construction agreements along property dedicated to the City.
Prior to construction starting, all utilities and adjacent property owners in the area as well as law enforcement, fire department and other emergency services responders will be notified of the construction.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Manny Ruiz, P.E. Melissa Walker, P.E.
Senior Engineer Public Works Director/City Engineer
Concurred By: Concurred By:
Harold Zamora, P.E. Quang Nguyen, P.E.
Engineering Division Manager/Assistant City Engineer Capital Projects Principal Engineer
CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
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. Location Map - Sunnymead MDP Line B-16A
2. Agreement with Pacific West Underground, Inc.
APPROVALS
Budget Officer Approval ✓ Approved . 5/12/24 12:58 PM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/13/24 8:59 AM
I.21
Packet Pg. 745
I.21.a
Packet Pg. 746 Attachment: Location Map - Sunnymead MDP Line B-16A (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT TO PACIFIC WEST City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-1
Agreement No.
AGREEMENT
PROJECT NO. 804 0015
SUNNYMEAD MASTER DRAINAGE PLAN LINE B-16A, STAGE 2
THIS Agreement, effective as of the date signed by the City of Moreno Valley by and between the City of Moreno Valley, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and Pacific West Underground, Inc., hereinafter called the "Contractor." That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. CONTRACT DOCUMENTS. The Contract Documents consist of the following, which are incorporated herein by this reference:
A. This Agreement
B. Community Workforce Agreement by and Between the City of Moreno Valley and San Bernardino/Riverside Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions (“CWA”) [PROJECTS OVER $1,000,000] C. Any and all Contract Change Orders and Construction Change Directives issued after execution of this Agreement
D. Addenda Nos. _______ inclusive, issued prior to the Bid Deadline E. The bound Contract Documents that includes City Special Provisions, General Provisions, and Technical Provisions
F. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions G. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
H. Project Plans
I. City Standard Plans
J. County Standard Plans
K. Caltrans Standard Plans
L. EMWD Standard Plans
M. Governmental approvals, including, but not limited to, permits required for the Work N. Contractor’s Labor and Materials Payment Bond (for reference only) O. Contractor’s Faithful Performance Bond (for reference only) P. Contractor’s Certificates of Insurance and Additional Insured Endorsements In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.
In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.
2. REFERENCE DOCUMENTS. The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes:
A. Geotechnical Investigation Report and Potholing Data I.21.b
Packet Pg. 747 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-2
3. SCOPE OF WORK. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work described in the Contract Documents, except as otherwise provided in the Plans, Standard Specifications, or City Special Provisions to be the responsibility of others.
4. PAYMENT.
4.1. Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, the City shall pay Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items and Additive Alternate Bid Items, if any, set forth the Bid Schedule submitted with the Bid. The sum of the unit prices and lump sum prices for the Base Bid Items and Additive Alternate Bid Items, if any, awarded by the City is One Million, Four Hundred and Seventy Nine Thousand, Four Hundred and Forty Two Dollars and Zero cents ($1,479,442.00) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bid Schedule for which unit prices are fixed are estimates only and that City will pay and Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bid Schedule multiplied by the actual number of units performed, constructed, or completed as directed and measured by the City Engineer.
4.2. Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the City Special Provisions.
5. CONTRACT TIME.
A. Contract Time. The Contract Time shall be One Hundred Twenty (120) working days.
B. Initial Notice to Proceed. After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements constitutes the date of commencement of the Contract Time of One Hundred Twenty (120) Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders).
The Notice to Proceed to Fulfill Preconstruction Requirements shall further specify that Contractor must complete the preconstruction requirements within Ten (10) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.
Preconstruction requirements include, but are not limited to, the following:
• Submitting and obtaining approval of Traffic Control Plans • Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
• Submitting and obtaining approval of critical required submittals • Installation of the approved Project Identification Signs • Obtaining an approved no fee Encroachment Permit
• Obtaining a Temporary Use Permit for a construction yard • Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents I.21.b
Packet Pg. 748 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-3
If the City’s issuance of a Notice to Proceed to Fulfill Preconstruction Requirements is delayed due to Contractor’s failure to return the fully executed Agreement and insurance and bond documents within ten (10) Working Days after Contract award, then Contractor agrees to the deduction of one (1) Working Day from the number of days to complete the Project for every Working Day of delay in the City’s receipt of said documents. This right is in addition to and does not affect the City’s right to demand forfeiture of Contractor’s Bid Security if Contractor persistently delays in providing the required documentation.
C. Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.
6. LIQUIDATED DAMAGES AND CONTROL OF WORK.
6.1. Liquidated Damages. The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to complete the Work within the Contract Time, which includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders) in accordance with Article 5 above. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85 and in Public Contract Code Section 7203. Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadlines for completion of the Work and will not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.
In the event that Contractor fails to complete the Work within the Contract Time, Contractor agrees to pay the City $500.00 per Calendar Day that completion of the each such portion of the Work is delayed beyond the Contract Time. The Contractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.
The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of portions of the Work. The Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.
It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the City.
Liquidated damages are owed automatically and without notice of any kind upon the accrual of each day of delay. City may at any time deduct liquidated damages as are payable hereunder I.21.b
Packet Pg. 749 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-4
from money due or to become due to Contractor, or pursue any other legal remedy to collect such liquidated damages from Contractor and/or its Surety. Neither the City's failure or delay in deducting liquidated damages from payments otherwise due Contractor, nor City's failure or delay in notifying Contractor of the accrual of liquidated damages, shall be deemed a waiver of City's right to liquidated damages.
City's rights under this Section shall not be interpreted as precluding or limiting: (1) any right or remedy of City arising from an event of Contractor default other than a failure to complete the Work within the Contract Time; or (2) City's right to order an acceleration, at Contractor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue liquidated damages. The availability of liquidated damages shall not limit City's right to terminate the Contractor’s performance and accrual and/or assessment of liquidated damages does not constitute a waiver of such rights.
6.2. Owner is Exempt from Liability for Early Completion Delay Damages. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay. See Section 6-4 of the Standard Specifications and City Special Provisions regarding compensation for delays.
6.3. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in Section 3-5 of the City Special Provisions.
7. INSURANCE.
7.1. General. The Contractor shall procure and maintain at its sole expense and throughout the term of this Agreement, any extension thereof, Commercial General Liability, Automobile Liability, and Workers’ Compensation Insurance with such coverage limits as described herein.
7.2. Additional Insured Endorsements. The Contractor shall cause the insurance required by the Contract Document to include the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers and representatives as an additional insureds. For the Commercial General Liability coverage, said parties shall be named as additional insureds utilizing either:
1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or
2. ISO Additional Insured endorsement CG 20 10 (10/01) and Additional Insured Completed Operations endorsement CG 20 37 (10/01); or
3. Substitute endorsements providing equivalent coverage, approved by the City.
I.21.b
Packet Pg. 750 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-5
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. Coverage for such additional insureds does not extend to liability to the extent prohibited by Insurance Code Section 11580.4.
7.3. Waivers of Subrogation. All policies of insurance required by the Contract Documents shall include or be endorsed to provide a waiver by the insurers of any rights of recovery or subrogation that the insurers may have at any time against the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives.
7.4. Primary Coverage. All policies and endorsements shall stipulate that the Contractor’s (and the Subcontractors’) insurance coverage shall be primary insurance as respects the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives, and shall be excess of the Contractor’s (and its Subcontractors’) insurance and shall not contribute with it.
7.5. Coverage Applies Separately to Each Insured and Additional Insured.
Coverage shall state that the Contractor’s (and its Subcontractors’) insurance shall apply separately to each insured or additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall apply to any claim or suit brought by an additional insured against a named insured or other insured.
7.6. Self-Insurance. Any self-insurance (including deductibles or self-insured retention in excess of $50,000) in lieu of liability insurance must be declared by Contractor and approved by the City in writing prior to execution of the Agreement. The City’s approval of selfinsurance, if any, is within the City’s sole discretion and is subject to the following conditions:
1. Contractor must, at all times during the term of the Agreement and for a period of at least one (1) year after completion of the Project and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions, maintain and upon Owner’s reasonable request provide evidence of:
(a) Contractor’s “net worth” (defined as “total assets” [defined as all items of value owned by the Contractor including tangible items such as cash, land, personal property, and equipment, and intangible items such as copyrights and business goodwill]) minus total outside liabilities must be reflected in a financial statement for the prior fiscal year reflecting sufficient income and budget for Contractor to afford at least one loss in an amount equal to the amount of self-insurance;
(b) Financial statements showing that Contractor has funds set aside/budgeted to finance the self-insured fund (i.e., Contractor has a program that fulfills functions that a primary insurer would fill); and I.21.b
Packet Pg. 751 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-6
(c) A claims procedure that identifies how a claim is supposed to be tendered to reach the financing provided by the self-insured fund.
2. If at any time after such self-insurance has been approved, the Contractor fails to meet the financial thresholds or otherwise fails to comply with the provisions set forth in this Paragraph 7, at the option of the City:
(a) The Contractor shall immediately obtain and thereafter maintain the third party insurance required under this Paragraph 7 and otherwise on the terms required above; or
(b) The insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the City, its officers, officials, employees, and volunteers; or
(c) The Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses.
7.7. Insurer Financial Rating. Insurance companies providing insurance hereunder shall be rated A-VII or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.
7.8. Notices to City of Cancellation or Changes. Each insurance policy described in this Paragraph 7 shall contain a provision or be endorsed to state that coverage will not be cancelled without thirty (30) days’ prior written notice by certified or registered mail to the City (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to the City), except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. If an insurance carrier cancels any policy or elects not to renew any policy required to be maintained by Contractor pursuant to the Contract Documents, Contractor agrees to give written notice to the City at the address indicated on the first page of the Agreement. Contractor agrees to provide the same notice of cancellation and non-renewal to the City that is required by such policy(ies) to be provided to the First Named Insured under such policy(ies). Contractor shall provide confirmation that the required policies have been renewed not less than seven (7) days prior to the expiration of existing coverages and shall deliver renewal or replacement policies, certificates and endorsements to the City Clerk within fourteen (14) days of the expiration of existing coverages. Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City Clerk copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.
7.9. Commercial General Liability. Coverage shall be written on an ISO Commercial General Liability “occurrence” form CG 00 01 (10/01 or later edition) or equivalent form approved by the City for coverage on an occurrence basis. The insurance shall cover liability, including, but not limited to, that arising from premises operations, stop gap liability, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The policy shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 (11/85). Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, I.21.b
Packet Pg. 752 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-7
collapse, or underground (x, c, u) property damage. Contractor shall provide Products/Completed Operations coverage to be maintained continuously for a minimum of one (1) year after Final Acceptance of the Work, and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions.
Contractor shall maintain Commercial General Liability insurance with the following minimum limits: $1,000,000 per occurrence / $2,000,000 aggregate / $2,000,000 products-completed operations.
7.10. Business Automobile Liability. Coverage shall be written on ISO form CA 00 01 (12/93 or later edition) or a substitute form providing equivalent coverage for owned, hired, leased and non-owned vehicles, whether scheduled or not, with $1,000,000 combined single limit per accident for bodily injury and property damage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
7.11. Workers’ Compensation. Contractor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the job. Compliance is accomplished in one of the following manners:
1. Provide copy of permissive self-insurance certificate approved by the State of California; or
2. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimal limit of $1,000,000 per accident; or
3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be used in performance of this Contract.
7.12. Subcontractors’ Insurance. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.
8. BONDS. The Contractor shall provide two surety bonds. The Contractor shall furnish a satisfactory Performance Bond meeting all statutory requirements of the State of California on the form provided by the City. The bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents as may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations, in an amount that shall remain equal to one hundred percent (100%) of the Contract Price.
The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California on the form provided by the City in an amount that shall remain equal to one hundred percent (100%) of the Contract Price to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.
I.21.b
Packet Pg. 753 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-8
All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a Californiaadmitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public.
Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.
Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.
Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only, and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.
9. RECORDS. The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project records current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California, the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5) years after Final Acceptance.
10. INDEMNIFICATION.
10.1. General. To the fullest extent permitted by law, the Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, protect, hold harmless and defend (even if the allegations are false, fraudulent, or groundless), the City of Moreno Valley, its City Council, the Moreno Valley Housing Authority, and the Moreno Valley I.21.b
Packet Pg. 754 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-9
Community Services District, and all of their respective officials, officers, directors, employees, commission members, representatives and agents (“Indemnitees”), from and against any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceeds, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenues, and expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from, or in any way (either directly or indirectly), related to the Work, the Project or any breach of the Contract by Contractor or any of its officers, agents, employees, Subcontractors, Sub-subcontractors, or any person performing any of the Work, pursuant to a direct or indirect contract with the Contractor (“Indemnity Claims”).
Such Indemnity Claims include, but are not limited to, claims for:
A. Any activity on or use of the City’s premises or facilities; B. Any liability incurred due to Contractor acting outside the scope of its authority pursuant to the Contract, whether or not caused in part by an Indemnified Party;
C. The failure of Contractor or the Work to comply with any Applicable Law, permit or orders;
D. Any misrepresentation, misstatement or omission with respect to any statement made in the Contract Documents or any document furnished by the Contractor in connection therewith;
E. Any breach of any duty, obligation or requirement under the Contract Documents, including, but not limited to any breach of Contractor’s warranties, representations or agreements set forth in the Contract Documents;
F. Any failure to coordinate the Work with City’s Separate Contractors; G. Any failure to provide notice to any party as required under the Contract Documents;
H. Any failure to act in such a manner as to protect the Project from loss, cost, expense or liability;
I. Bodily or personal injury, emotional injury, sickness or disease, or death at any time to any persons including without limitation employees of Contractor;
J. Damage or injury to real property or personal property, equipment and materials (including, but without limitation, property under the care and custody of the Contractor or the City) sustained by any person or persons (including, but not limited to, companies, corporations, utility company or property owner, Contractor and its employees or agents, and members of the general public);
K. Any liability imposed by Applicable Law including, but not limited to criminal or civil fines or penalties;
L. Any dangerous, hazardous, unsafe or defective condition of, in or on the Site, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Site by Contractor, its officers, agents, employees, or Subcontractors;
M. Any operation conducted upon or any use or occupation of the Site by the Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise; I.21.b
Packet Pg. 755 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-10
N. Any acts, errors, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;
O. Infringement of any patent rights, licenses, copyrights, or intellectual property which may be brought against the Contractor or Owner arising out of Contractor’s Work, for which the Contractor is responsible; and P. Any and all claims against the City seeking compensation for labor performed or materials used or furnished to be used in the Work or alleged to have been furnished on the Project, including all incidental or consequential damages resulting to the City from such claims.
10.2. Effect of Indemnitees’ Active Negligence. Contractor’s obligations to indemnify and hold the Indemnitees harmless exclude only such portion of any Indemnity Claim which is attributable to the active negligence or willful misconduct of the Indemnitee, provided such active negligence or willful misconduct is determined by agreement of the parties or by findings of a court of competent jurisdiction. In instances where an Indemnitee’s active negligence accounts for only a percentage of the liability for the Indemnity Claim involved, the obligation of Contractor will be for that entire percentage of liability for the Indemnity Claim not attributable to the active negligence or willful misconduct of the Indemnitee(s). Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10. Subject to the limits set forth herein, the Contractor, at its own expense, shall satisfy any resulting judgment that may be rendered against any Indemnitee resulting from an Indemnity Claim. The Indemnitees shall be consulted with regard to any proposed settlement.
10.3. Independent Defense Obligation. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Contractor’s obligation to defend the Indemnitee(s) shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. The Contractor shall respond within thirty (30) Calendar Days to the tender of any Indemnity Claim for defense and/or indemnity by an Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured and experienced legal counsel acceptable to the City.
10.4. Intent of Parties Regarding Scope of Indemnity. It is the intent of the parties that the Contractor and its Subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by Applicable Law. In the event that any of the defense, indemnity, or hold harmless provisions in the Contract Documents are found to be ambiguous or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.
I.21.b
Packet Pg. 756 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-11
10.5. Waiver of Indemnity Rights Against Indemnitees. With respect to third party claims against the Contractor, to the fullest extent permitted by law, the Contractor waives any and all rights to any type of express or implied indemnity against the Indemnitees.
10.6. Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Paragraph 10. Contractor further agrees to ensure that each subcontractor will execute a separate Letter of Assent to the terms of the CWA if the total project cost is $1,000,000 or more and will fully indemnify the City for any claims or losses which result from a Subcontractor’s failure to adhere to the terms of the CWA on this project.
10.7. No Limitation or Waiver of Rights. Contractor’s obligations under this Paragraph 10 are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Paragraph 10 are separate and independent from the insurance provisions set forth in the Contract Documents, and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Paragraph 10 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.
10.8. Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolving such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.
10.9. Survival of Indemnity Obligations. Contractor’s obligations under this Paragraph 10 are binding on Contractor’s and its Subcontractors’ successors, heirs, and assigns and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.
11. SUCCESSORS AND ASSIGNS. The Parties bind themselves, their heirs, executors, administrators, successors and assigns the covenants, agreements and obligations contained in I.21.b
Packet Pg. 757 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-12
the Contract Documents. The Contractor shall not, either voluntarily or by action of law, assign any right or obligation of the Contractor under the Contract Documents without prior written consent of the City.
(SIGNATURE PAGE FOLLOWS)
I.21.b
Packet Pg. 758 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT City of Moreno Valley
Project No. 804 0015
Standard Form of Agreement
00500-13
CITY OF MORENO VALLEY, a Municipal Corporation (Name of Contractor) BY: License No./
Mike Lee, City Manager Classification:
DATE: Expiration Date:
Federal I.D. No.:
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
SIGNING INSTRUCTIONS TO THE CONTRACTOR:
Signature(s) must be accompanied by a completed notary certificate of acknowledgement attached hereto. A general partner must sign on behalf of a partnership. Two (2) corporate officers must sign on behalf of a corporation unless the corporation has a corporate resolution that allows one person to sign on behalf of the corporation; if applicable, said resolution must be attached hereto. The corporate seal may be affixed hereto.
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
I.21.b
Packet Pg. 759 Attachment: Agreement with Pacific West Underground, Inc. [Revision 2] (6623 : AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT Report to City Council
ID#6644 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 21, 2024
TITLE: APPROVE PURCHASE OF ADVANCED METERING
INFRASTRUCTURE EQUIPMENT FROM ITRON INC. FOR
MORENO VALLEY UTILITY AND INCREASE THE ANNUAL
BUDGET FOR THE EMERGENCY OUTAGE RESPONSE
ACCOUNT BY $178,036
RECOMMENDED ACTION
Recommendation:
1. Amend the FY 2023/2024 annual budget to increase funding in the Emergency Outage Response account 6010-70-80-45510-710134 by $178,036; and
2. Approve the purchase of Advanced Metering Infrastructure equipment from Itron Inc. up to the council approved amended budget in Moreno Valley Utility’s Emergency Outage Response account 6010-70-80-45510-710134; and
3. Authorize the City Manager to execute subsequent associated purchase orders subject to the approved budget by City Council.
SUMMARY
This report recommends a budget adjustment of the FY 2023/2024 annual budget for Emergency Outage Response account 6010-70-80-45510-710134 to include $178,036 in additional funds for the purchase of Advanced Metering Infrastructure (AMI) equipment from Itron Inc. Itron is the sole vendor for the necessary networking equipment for Moreno Valley Utility’s (MVU) AMI network. The AMI routers will be used to serve new development and as replacement routers if an existing router is damaged. MVU’s operating funds will be used for the purchase of AMI equipment and this action has no impact to the General Fund.
DISCUSSION
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The installation of AMI and the meter data collection system provides customers more detailed data regarding their energy use while improving system reliability through faster outage detection and restoration of service. MVU’s standard for meters and AMI networking is the Itron Centron Bridge meter and the CGR/IR router driven mesh network, used by many utilities across the country; locally, the Cities of Banning, Colton, and Rancho Cucamonga have standardized to Itron Centron Bridge Meters, as has Imperial Irrigation District in the Coachella Valley. Itron Inc. is the sole vendor for the networking routers needed for MVU’s CGR/IR router driven mesh network equipment.
Staff recommends an amendment to the FY 2023/2024 budget to increase funding in the Emergency Outage Response, account 6010-70-80-45510-710134 by $178,036 for the purchase of AMI networking equipment that will be used for new development and for replacement of existing networking devices, as needed. The annual purchase will not exceed the council proposed budget for Emergency Outage Response, account 6010-70-80-45510-710134.
ALTERNATIVES
1. Approve the Recommendations in the staff report. Staff recommends the approval of the proposed budget adjustment and approval of the purchase of AMI equipment to serve new developments and to replace existing network equipment if necessary.
2. Do not approve the Recommendations in the staff report. Staff does not recommend this alternative, as it would restrict MVU’s ability to serve new and existing customers and reduce customer service through the inability to provide a reliable AMI network and detailed data regarding energy usage, and reduce the ability to quickly detect outages and increase the time required to restore service in case of outages.
FISCAL IMPACT
The purchase of the AMI equipment will be funded with MVU’s operating funds and has no impact to the General Fund. The budget in the Emergency Outage Response account, 6010-70-80-45510-710134 will be increased by $178,036.
Description GL Account No. Type (Rev/Exp) FY 23/24
Budget
Proposed
Adjustments
FY 23/24
Amended Budget
MVU GL-6010-70-80-45510-710134 Exp $667,653 $178,036 $845,689
NOTIFICATION
Posting of the Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kamran Aladross Melissa Walker
Electric Utility Assistant Manager Public Works Director/City Engineer I.22
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Concurred By:
Jason Niccoli
Electric Utility Division Manager
CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.1: Develop a Moreno Valley Utility Strategic Plan to prepare for the 2022 expiration of the ENCO Utility Systems agreement.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Itron Sole Source Justification
APPROVALS
Budget Officer Approval ✓ Approved . 5/12/24 2:06 PM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/13/24 9:06 AM
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N4()REilk, ,, Sole/Single Source Justification
DArE:May 6, 2021 DEpr/DrvsroN: psblic works/Electric Utility VENDoR: ltfOn VENDOR PART NUMBER
(IF APPLICABLE)
DESCRIPTION OF ITEM: ;1ron Open Way AM! network
Single Source:
A Single Source is one of the multiple sources that are capable of producing the desired item(s). lt is the one source that is selected without competition for compelling and justifiable reasons.
Sole Sourc.,A
A Sole Source is the only source available that is capable of producing the desired item(s) because of exclusive control of patent rights, copyrights, proprietary processes, etc. or similar circumstances.
JUSTIFICATION: PLEASE PROVIDE REQUESTED INFORMATION IN THE RATIONALE BOx ON PAGE 2 Single/Sole Source JustifiGtion
Fom updated May 6, 2020
Only known qualified vendor. (List of the vendors which were contacted below and the specific reasons whv each was not a viable source. List the qualifications that each source or item meets. lf another vendor offers a similar item, provide the item identification, vendor information and comparable pricing).
Dues and/or Membership (Dues and/or Memberships are generally required for various regional agencies and/or professional memberships, and no competitive equal exists. Please list the orqanization the due and/or membershio is for and indicate the reason needed.)
Legal Services Agreement. (Per Procurement Procedure AP #3.09 exempt from competitive requirements).
Gontract Class lnstructors/Sports Officials and referees (Per Procurement Procedure AP #3.09 exempt from com petitive requirements).
Supplier/Consultant proprietary item/service. (The selected supplier/consultant is the only manufacturer of this item and/or service. List the reasons why no substitute can be used and if no similar substitute is available).
Government or Contract Directed. (Provide a copv of the contract page which directs this source or a letter, or memo or e-mail specifically directing this source).
Continuation of an ongoing service or an addition to a critical system already procured from that vendor. (List the reasons whv it would not be cost effective and/or schedule effective and/or mitigate technical risk and/or prudent to procure with another vendor for this procurement).
Economically Justified due to the following reasons:
Delivery Schedule Requirements (list delivery schedule requirements below) Need for unique capabilities or special techniques (list below) Standardization (Specify what is being standardized and how this will benefit?) Emergency Procurement (Per Procurement Procedure AP #3.09, provide details of Emergency in Rationale section below
t
tr
a
tr
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Packet Pg. 763 Attachment: Itron Sole Source Justification (6644 : APPROVE PURCHASE OF ADVANCED METERING INFRASTRUCTURE EQUIPMENT) Please see attached letter. The ltron Open Way AMI network is the only collector system that is compatible with the meters we have in place.
PURCHASING USE ONLY:
I CERTIFY THAT STATEMENTS CHECKED, AND INFORMATION PROVIDED ABOVE, ARE COMPLETE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT THE PROCESSING OF THIS SOLE/SINGLE SOURCE JUSTIFICATION PRECLUDES THE USED OF FULL AND OPEN COMPETITION.
DIVISION MANAGER OR DEPARTMENT HEAD
Jeannette Olko
p41E. May6,2021
PRINTED
SIGN
PURCHAS DIVISION
SIGN:
NAME
DATE: a
CONTRACT # PO#
VERIFIED BY: COMMENTS:
JUSTIFICATION VALID FOR: 1 YEAR 2 YEARS 5 YEARS
RATIONALE! (Provide written explanation, technical reasoning and/or evidence of the claim. See Directions. Use additional sheets if necessary)
SPECTFTC SOURCE JUSTTFTGATTON (SSJ) TNSTRUCTTONS
Technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition. The justification must demonstrate that only one company can perform. The following are examples of bases for an SSJ:
a) The supplies/services to be acquired are unique to City of Moreno Valley. b) Time is of the essence and only one known source can meet City of Moreno Valley's needs within the required timeframe.
c) Data is unavailable for competitive procurement.
d) lt is necessary that the item being acquired from one source be compatible and interchangeable with existing equipment.
The following elements must be addressed in the SSJ:
Single/Sole Source Justilication Form
May 6,2020
FOR PURCHASING USE ONLY
I.22.a
Packet Pg. 764 Attachment: Itron Sole Source Justification (6644 : APPROVE PURCHASE OF ADVANCED METERING INFRASTRUCTURE EQUIPMENT) a) State clearly City of Moreno Valley's requirements. Make sure that the entire requirement is covered by the justification.
b) Explain why the vendor is the only company that can meet City of Moreno Valley's requirement. The documentation necessary to adequately substantiate the two most common basis of Sole/Single source is:
i. lf the supplier has a unique capability, whether it is an item or service, it is insufficient to simply say that the supplier is unique. lf the item is unique to the supplier, the unique characteristics must be set forth. lf the supplier has unique expertise, that expertise must be described. lf the supplier has unique equipment or facilities or it has proprietary data, it must be explained. ii. lf only one supplier can perform within the required timeframe, the timeframe must be explained:
l.Provide the date by which the supplies/services must be delivered.
2.lndicate how that date was determined and its significance.
3.lndicate the impact of delay beyond that date in terms of program schedules, milestones, etc.
4.State how long it would take another supplier to acquire the capability to perform (learning curve), how much it would cost another supplier to get up to speed, and if appropriate, what it would cost City of Moreno Valley in terms of dollars and manhours to get another supplier up to speed. State the bases for the above estimates.
c) State how the decision to go Sole/Specific Source was reached. Generally, technical personnel's knowledge and experience can be used to support SSJ. The following are examples of documentation supporting this element:
i. Explain requisition originator's experience that would indicate that he knows only one source can perform.
ii. Explain that technical publications, symposiums, or conferences clearly indicate that only one company can perform. List publications read and symposiums and conferences attended. iii. State what is being done to foster future competition. iv. Justification must be signed and dated.
d) Describe the item and the particular uses of the item. State specifically what the item is going to be for and what it will do. lnclude here any project numbers and titles that the material in question will support or historically has supported.
e) State the distinguishing characteristics of the item and why this is the only item that will fulfill the requirements. This may include being an add-on to an existing system or the replacement of an existing system. Copyrights and trademarks may be applicable here depending on the situation. 0 Explain what would happen if another, unequal item were procured instead. lnclude any training delays, alteration of standard operating procedures, etc. that would cost the institution time, funds and overall completion of projects. This is the appropriate area to describe any design changes that would be necessary if another source were to be used.
g) Outline the work performed to determine what other, similar items are offered from other vendors and why these items will not satisfy the requirements stated in the previous steps. This may need to be explicit to include: company names, contact information, and in some cases, valid quotes.
Single/Sole Source Justilication Form
May 6,2020
I.22.a
Packet Pg. 765 Attachment: Itron Sole Source Justification (6644 : APPROVE PURCHASE OF ADVANCED METERING INFRASTRUCTURE EQUIPMENT) h) lf there is cost impact, detail the cost impact of utilizing another source. i) lf there is schedule impact, detail the schedule impact of utilizing another source. **IMPORTANT**
*The two most often cited basis for SSJ are uniqueness and timeframe. These are often confused and inappropriately interchanged. lf a supplier is unique and if his uniqueness is adequately substantiated, a discussion of timeframe is inappropriate. lf the basis for the SSJ is timeframe, a discussion of uniqueness should not be made or alluded to. *Timeframe does not make a supplier unique
*Statements that a supplier has the best capability, offers the lowest price, or is the only qualified source are not bases for an SSJ. Such determinations can only be made through competitive acquisitions. A strong presentation which merely establishes that the recommended source is most highly qualified to perform but does not establish why other sources cannot perform is unacceptable.
*lncumbency does not justify an SSJ
*Administrative delay or lack of adequate advanced planning do not create an urgency that justifies an SSJ.
Single/Sole Source Justification Form
May 6,2O2O
I.22.a
Packet Pg. 766 Attachment: Itron Sole Source Justification (6644 : APPROVE PURCHASE OF ADVANCED METERING INFRASTRUCTURE EQUIPMENT) lrr6n
May 6,2021
Jeannefte Olko
Electric Utility Division Manager
Public Works
City of Moreno Valley
14331 Frederick St., Moreno Valley, CA 92553
Jeannette:
This conespondence is intended to document our discussion yesterday regarding the ltron OpenWay Bridge electricity meters that the City has deployed.
The Bridge meter transmits energy usage and other meter information via RF. The meter can work in ltron FCS handheld mode, currently used by the City, or in ltron OpenWay AMI network mode.
When switching to AMI mode, the meter RF transmission is converted to utilize the OpenWay CG-Mesh network. This is the only AMI network solution that can read and record such meter information.
Please do not hesitate to contact me if additional information is required.
Sincerely,
Rob Rickard
Portfolio Account Manager
211 1 North Molter Road tel 509-924-9900
Liberty Lake, WA 99019 fax 509-891-3355
wwuitron.com toll-free 800$35-546'l
I.22.a
Packet Pg. 767 Attachment: Itron Sole Source Justification (6644 : APPROVE PURCHASE OF ADVANCED METERING INFRASTRUCTURE EQUIPMENT) Report to City Council
ID#6646 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 21, 2024
TITLE: APPROVAL OF SECOND AMENDMENT TO AGREEMENT
FOR ON-CALL PROFESSIONAL CONSULTANT
SERVICES WITH CLARK LAND RESOURCES, INC. FOR
RIGHT OF WAY SERVICES
RECOMMENDED ACTION
Recommendations
1. Approve the Second Amendment to Agreement for On-Call Professional Consultant Services with Clark Land Resources, Inc. to provide Right of Way services, funded by Measure A and other project specific funding;
2. Authorize the City Manager to execute the Second Amendment to Agreement for Professional Consultant Services for Right of Way Services with Clark Land Resources, Inc., subject to the approval by the City Attorney;
3. Authorize an amendment to the existing Purchase Order with Clark Land Resources, Inc. in the amount of up to but not to exceed $150,000 ($74,500 for the original Agreement, $25,000 for the First Amendment, plus $50,500 for the Second Amendment to Agreement) once the Agreement has been signed by all parties; and
4. Authorize the City Manager to execute any subsequent Amendments to the Agreement with Clark Land Resources within City Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.
SUMMARY
This report recommends approval of the Second Amendment to Agreement with Clark I.23
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Land Resources, Inc. for On-call Professional Consultant Services to provide additional right of way and real property services.
DISCUSSION
On April 9, 2020 Request for Proposals (RFP) for Professional Consultant Right of Way services was advertised via the electronic bid management system, PlanetBids. The City received five (5) proposals in response to the RFP. Pursuant to the City’s Municipal Code requirements, a Selection Committee, comprised of City staff, reviewed and rated all proposals according to the consultant’s ability to complete the program requirements.
Clark Land Resources, Inc. was selected as the most qualified consultant as the firm demonstrates a very thorough understanding of the work and presents an ability to provide the required services on time and within budget.
The City entered into an Agreement for On-Call Professional Consultant Services for Right of Way Services with Clark Land Resources, Inc. on August 3, 2020. The original contract, covering a five-year period from July 1, 2020, to June 30, 2025, had a not-toexceed amount of $74,500. On November 1, 2023, the First Amendment to the Agreement was executed to add to the Payment Terms with a total “Not to Exceed” fee of $99,500. Several Departments and Divisions currently rely on the right of way and real property services provided by Clark Land Resources, Inc., including the Capital Projects Division, Land Development Division, Electric Utilities Division, Parks and Community Services Department, City Manager’s Office, and others. The current and anticipated Capital Improvement Plan (CIP) projects workload, and other divisions anticipated real property services needs over the next several years, would continue to require more services from the consultant. Staff is recommending the City Council approve the Second Amendment to Agreement with Clark Land Resources, Inc.
ALTERNATIVES
1. Approve and authorize the recommended actions presented in this staff report.
Staff recommends this alternative since it provides for the timely implementation of right of way services for the City.
2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it would delay the timely implementation of right of way services and City’s CIP projects.
FISCAL IMPACT
The requested professional consultant services to be provided by Clark Land Resources, Inc. are funded by budgets allocated for projects as included in the adopted CIP Fiscal Years 23/24 and 24/25. State Gasoline Tax (Fund 2000) is to be used up front for opening associated purchase orders to pay for consultant’s costs that will be allocated back to appropriate project budgets which the consultant had worked on.
NOTIFICATION
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Publication of this City Council meeting agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Josh Frohman, P.E. Melissa Walker, P.E
Senior Engineer Public Works Director/City Engineer
Concurred By:
Quang Nguyen, P.E.
Capital Projects Principal Engineer
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.
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. Second Amendment to Agreement for Clark Land Resources
2. First Amendment to Agreement for Clark Land Resources
3. Original Agreement for Clark Land Resources
APPROVALS
Budget Officer Approval ✓ Approved . 5/12/24 2:13 PM
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City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/13/24 9:07 AM
I.23
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SECOND AMENDMENT TO AGREEMENT
FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES
RIGHT OF WAY SERVICES
This Second Amendment to Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2024 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and Clark Land Resources, Inc., a California corporation, hereinafter referred to as “Consultant.”
RECITALS:
Whereas, the City and Consultant entered into an Agreement entitled "AGREEMENT for Project Specific Agreement for On-Call Professional Consultant Services Right of Way Services," hereinafter referred to as "Agreement," dated August 3, 2020.
Whereas, the Consultant is providing consultant services for Right of Way.
Whereas, the Agreement was amended by the “First Amendment to Agreement for Professional Consultant Services” dated November 1, 2023.
Whereas, it is desirable to amend the Agreement to modify the Payment Terms as is more particularly described in Section 1 of this Second Amendment.
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:
1.1 The Agreement termination date of June 30, 2025 is not extended by this Amendment.
1.2 Exhibit “C” to the Agreement is hereby further amended by adding to the Terms of Payment “Not to Exceed” fee for continued services.
1.3 The total “Not to Exceed” fee for this contract is $150,000.00 ($74,500.00 for the original Agreement, $25,000.00 for the First Amendment, plus $50,500.00 for the Second Amendment to Agreement).
I.23.a
Packet Pg. 772 Attachment: Second Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR
SECOND AMENDMENT TO AGREEMENT FOR ON-CALL
PROFESSIONAL CONSULTANT SERVICES
FOR RIGHT OF WAY SERVICES
SECTION 2
2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
SIGNATURE PAGE TO FOLLOW:
I.23.a
Packet Pg. 773 Attachment: Second Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR
SECOND AMENDMENT TO AGREEMENT FOR ON-CALL
PROFESSIONAL CONSULTANT SERVICES
FOR RIGHT OF WAY SERVICES
City of Moreno Valley Clark Land Resources, Inc.
BY: BY:
Mike Lee, City Manager
TITLE:
(President or Vice President)
Date
Date
BY:
TITLE:
(Corporate Secretary)
Date
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
I.23.a
Packet Pg. 774 Attachment: Second Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 775 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 776 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 777 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 778 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 779 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 780 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 781 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 782 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 783 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 784 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 785 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 786 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 787 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 788 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 789 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 790 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 791 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 792 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 793 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 794 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 795 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 796 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.b
Packet Pg. 797 Attachment: First Amendment to Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR I.23.c
Packet Pg. 798 Attachment: Original Agreement for Clark Land Resources (6646 : APPROVE THE SECOND AMENDMENT TO AGREEMENT FOR ON-CALL I.23.c
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ID#6645 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 21, 2024
TITLE: AUTHORIZATION TO AWARD A PROFESSIONAL
CONSULTANT SERVICES AGREEMENT TO ENERGEIA
USA, FOR THE UPDATED INTEGRATED RESOURCES
PLAN FOR THE MORENO VALLEY ELECTRIC UTILITY
RECOMMENDED ACTION
Recommendation:
1. Award an Agreement for Professional Consultant Services to Energeia USA to complete the updated Integrated Resource Plan for the Moreno Valley Electric Utility;
2. Authorize the City Manager to execute the Agreement with Energeia USA subject to the approval by the City Attorney;
3. Authorize the issuance of a purchase order, funded by the Electric Fund 6010, in the amount of $90,205 when the Agreement has been signed by all parties; and
4. Authorize the City Manager to execute any subsequent Amendments to the Agreement with Energeia USA 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 services with Energeia USA to prepare and complete the updated Integrated Resource Plan for the Moreno Valley Electric Utility.
DISCUSSION
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The Moreno Valley Electric Utility must provide an update to the 2018 Integrated Resource Plan (IRP). As the energy landscape evolves with technological advancements and regulatory changes, an updated IRP ensures our ability to meet California's energy demands efficiently and sustainably. By integrating the latest data and insights, we can optimize our resource portfolio, balancing renewable and conventional energy sources to ensure grid stability while reducing environmental impact.
The updated IRP will provide a structured framework for long-term planning, stakeholder engagement and transparency, and align our resource allocation with regulatory mandates. It is important to undertake this update to uphold our commitment to serving the community with reliable and cost-effective energy.
A Request for Proposals (RFP) for Professional Consultant Services was distributed and advertised in accordance with the City’s procurement processes on November 20, 2023. The City received three (3) proposals in response to the RFP. Following a competitive selection process, Energeia USA 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. Energeia USA listed references were contacted and they provided positive feedback regarding Energeia USA’s past services on similar projects. Staff recommends awarding a contract to Energeia USA to perform the requested professional consultant services for updated Integrated Resource Plan for the Moreno Valley Electric Utility.
ALTERNATIVES
1. Approve and authorize the recommendations as presented in this report. This alternative will allow the immediate commencement of the updated Integrated Resource Plan and allow the plan’s completion 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 development of an updated Integrated Resource Plan.
Staff does not recommend this alternative.
FISCAL IMPACT
The project is funded by the Electric Fund (6010). Funds are available in account number 6010-70-80-45510-625099 for Fiscal Year 2023/2024. There is no impact to the General Fund.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Daniel Carlos Melissa Walker, P.E.
Power Supply Manager Public Works Director/City Engineer Concurred By:
Jason Niccoli
Electric Utility Division Manager
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CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.1: Develop a Moreno Valley Utility Strategic Plan to prepare for the 2022 expiration of the ENCO Utility Systems agreement.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Agreement for Services - Energeia
APPROVALS
Budget Officer Approval ✓ Approved . 5/12/24 2:09 PM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/13/24 9:06 AM
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Revision: 12/20/23
City of Moreno Valley
AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Moreno Valley, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Energeia USA, a S corporation, with its principal place of business at 132 E Street, Suite 380, Davis, CA 95616 hereinafter referred to as the “Vendor,” based upon City policies and the following legal citations:
RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent Vendors;
B. Vendor desires to perform and assume responsibility for the provision of professional Integrated Resource Planning contracting services required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing professional Integrated Resource Planning contracting services and is licensed in the State of California, if applicable;
C. City desires to engage Vendor to render such services for the Moreno Valley Utility Integrated Resource Plan as set forth in this Agreement; D. The public interest, convenience, necessity, and general welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.
TERMS
1. VENDOR INFORMATION:
Vendor’s Name: Energeia USA
Address: 132 E Street, Suite 380
City: Davis, CA 95616
Business Phone: (530) 302-3861
Other Contact Number: (530) 312-6127
Business License Number: TBD
Federal Tax I.D. Number: 474238553
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2. VENDOR SERVICES, FEES, AND RELEVANT DATES:
A. The Vendor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.
B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.
C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.
D. The term of this Agreement shall be from June 1, 2024, to June 30, 2025, unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Vendor’s requests for extensions of time in which to complete the work required. The Vendor shall not be responsible for performance delays caused by others or delays beyond the Vendor’s reasonable control (excluding delays caused by non-performance or unjustified delay by Vendor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Vendor.
3. STANDARD TERMS AND CONDITIONS:
A. Control of Work. Vendor is solely responsible for the content and sequence of the work and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Vendor or his/her/its employees.
B. Intent of Parties. Vendor is, and at all times shall be, an independent Vendor and nothing contained herein shall be construed as making the Vendor or any individual whose compensation for services is paid by the Vendor, an agent or employee of the City, or authorizing the Vendor to create or assume any obligation or liability for or on behalf of the City, or entitling the Vendor to any right, benefit, or privilege applicable to any officer or employee of the City.
C. Subcontracting. Vendor may retain or subcontract for the services of other necessary Vendors with the prior written approval of the City. Payment for such services shall be the responsibility of the Vendor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Vendor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].
D. Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City.
E. Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the services under this Agreement. Should one I.24.a
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or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project or a threat to the safety of persons or property, shall be promptly removed from the project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: Ceri Walbran, President & CEO.
F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
G. Vendor’s Representative. Vendor hereby designates Ezra Beeman, Managing Director, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the services under this Agreement.
H. Legal Considerations. The Vendor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with services. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
I. Standard of Care; Performance of Employees. Vendor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the profession necessary to perform the services. Vendor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be I.24.a
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maintained throughout the term of this Agreement. Any employee of the Vendor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Vendor and shall not be re-employed to perform any of the services or to work on the project.
J. Vendor Indemnification. Vendor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Vendor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Vendor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Vendor shall be fully responsible for such coverage. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.
K. Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
L. CalPERS Retiree Disclosure. Vendor hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Vendor who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to I.24.a
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City approval, assigned by Vendor 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.
M. 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, Vendor 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.
N. CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat all persons working for or under the direction of Vendor as an independent Vendor of City and agents and employees of Vendor, and not as agents or employees of City. Vendor and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.
O. Civil Code Section 1542 Waiver. Vendor expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under CalPERS that are only afforded to employees and not independent contractors. Vendor 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.
P. 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, Vendorshall reply within five days and share all communications and documents from CalPERS that it may legally share. In the event that either Vendor or City files an appeal or court challenge, Vendor and City each agree to I.24.a
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cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.
Q. Insurance Requirements. Throughout the life of this Agreement, Vendors shall pay for and maintain in full force and effect all insurance as required.
If at any time during the life of this Agreement or any extension, Vendor or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Vendor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to 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 Vendor 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 commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by Vendor shall not be deemed to release or diminish the liability of Vendor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Vendor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Vendor, its principals, officers, agents, employees, persons under the supervision of Vendor, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
Upon request of City, Vendor shall immediately furnish City with a complete copy of any insurance policy and associated documentation required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
Where determined applicable by the City, Vendor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California.
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 covering on an “occurrence” basis, which shall I.24.a
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include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
2) The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3) Workers' Compensation insurance as required by the State of California, California Labor Code and Employer's Liability Insurance, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) insurance appropriate to Vendor’s profession.
Minimum Limits of Insurance:
a. General Liability Insurance. Without limiting the generality of the forgoing, to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Vendor, sub-contractor, or any person acting for the Vendor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of this Agreement and any extension thereof in the minimum amounts provided below:
• $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
b. Automobile Liability
• $1,000,000 per accident for bodily injury and property damage c. Employer's Liability (Worker's Compensation)
• $1,000,000 each accident for bodily injury
• $1,000,000 disease each employee
• $1,000,000 disease policy limit
d. Workers' Compensation insurance policy: In such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Vendor and the City, HA, and CSD against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the Vendor in the course of carrying out this Agreement. Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following I.24.a
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provision: Vendor and its insurer shall waive any right of subrogation against City of Moreno Valley, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
e. Professional Liability (Errors and Omissions): Limits of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
f. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A,VII and shall be endorsed with the following specific language:
• The insurer waives all rights of subrogation against the City, its appointed officials, officers, employees or agents.
Other Insurance Provisions: The General Liability, Automobile Liability and Workers Compensation insurance policies are to contain, or be endorsed to contain, the following provisions:
a. City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds. b. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
All polices of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to the City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Vendor shall furnish the 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 the City, Vendor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers: All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide; or authorized by the City Manager or designee.
Verification of Coverage: Vendor shall furnish City with all certificates(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or designee prior to City’s execution of this Agreement and before work commences. The following applicable endorsements will be required:
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1. Additional Insured endorsement for ongoing operations, completed operations and primary & non-contributory endorsement for general liability coverage
2. Additional Insured endorsement for auto liability coverage
3. Waiver of Subrogation for workers compensation coverage R. Intellectual Property. Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Vendor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The Vendor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Vendor in performance of this Agreement. The City and the Vendor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
S. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, Agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.
T. Termination. The following clauses apply:
(a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Vendor. The written notice shall specify the date of termination. Upon receipt of such notice, the Vendor may continue work through the date of termination, provided that no work or 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 Vendor within thirty (30) days after receiving any invoice after the date of termination for all non-objected to services performed by the Vendor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Vendor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request.
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(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.
U. Payment. Payments to the Vendor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The City will not withhold any sums from compensation payable to Vendor. Vendor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Vendor shall maintain adequate records to permit inspection and audit of the Vendor’s time and materials charges under the Agreement. Such records shall be retained by the Vendor for three (3) years following completion of the services under the Agreement.
V. Restrictions on City Employees. The Vendor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.
W. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.
X. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Vendor:
Energeia USA
132 E Street, Suite 380
Davis, CA 95616
Attn: Ceri Walbran, President & CEO
City:
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Jason Niccoli, Electric Utility Division Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the I.24.a
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party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
Y. Time of Essence. Time is of the essence for each and every provision of this Agreement.
Z. City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with this project.
AA.Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.
BB. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, such attempted assignment, hypothecation or transfer.
CC. Supplementary General Conditions (for projects that are funded by Federal programs). 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 Vendor for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions 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 General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.
1. Vendor shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event Vendor violates or breaches terms of the Agreement.
2. City may terminate the Agreement for cause or for convenience, and Vendor may terminate the Agreement, as provided the General Conditions.
3. Vendor 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 Vendor.)
4. Vendor shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.)
5. Vendor 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).
6. Vendor shall comply with Sections 103 and 107 of the Contract Work I.24.a
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Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).
7. Vendor shall observe City requirements and regulations pertaining to reporting included in the General Conditions.
8. 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.
9. 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 royaltyfree, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.
10. Vendor shall provide access by the 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 Vendor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
11. Vendor shall retain all required records for three years after City makes final payments and all other pending matters relating to the Agreement are closed.
12. Vendor 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 Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
13. Vendor shall comply with 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 (Pub. L. 94163, 89 Stat. 871).
DD.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.
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SIGNATURE PAGE TO FOLLOW
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley Insert Name of Vendor
BY: BY:
Chief Financial Officer/City Manager/Mayor
(Select only one please) TITLE: ______
_____________________________________ (President or Vice President) Date
BY: ______
TITLE: ______
(Corporate Secretary)
INTERNAL USE ONLY
ATTEST:
City Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
(if contract exceeds 15,000)
Date
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EXHIBIT A
VENDOR SCOPE OF SERVICES
1. Scope of Work
The selected Consultant will be required to have personnel available for assignment to this project who have successfully provided professional services as it relates to IRP activities. The selected Consultant shall provide IRP services with personnel trained and experienced in developing Integrated Resource Plans. It is expected that the selected Consultant will be able to work independently with a minimum amount of supervision.
In general, the selected Consultant shall be familiar with the industry standards of practice for the preparation of IRPs for electric utilities, and familiar with the operation of City government.
The selected Consultant shall be able to interact professionally with contractors and City personnel; promote quality customer service and present a professional image of and to the City; and respond promptly and courteously to requests. The selected Consultant and support personnel shall be able to follow verbal and written instructions, communicate clearly and concisely, both orally and in writing.
The selected Consultant shall work with MVU to develop a base case to meet RPS and GHG requirements and load forecast projections for the 20 year planning horizon. The IRP will include at least three specific scenarios to evaluate changes in variables, including but not limited to:
Electric Vehicle adoption, Energy Efficiency improvements, new RPS requirements, tariff changes, solar proliferation, energy storage, implementation of vehicle to grid technologies, etc.
The selected Consultant shall evaluate and recommend generation and transmission system additions, deletions and/or improvement projects based on reliability and economic impacts. The selected Consultant shall provide analyses of the role of generation and new storage in meeting local reliability requirements (Local RA) and CAISO Flex capacity requirements (Flex RA).
The scope of work for this RFP includes preparation and delivery of an IRP that recommends a plan for the procurement of a diversified mix of resources that has minimal rate impacts. The prepared report will become the property of the City and can be used by the City for any purpose it deems necessary.
GENERAL ACTIVITIES
Communicate and coordinate with MVU staff on a regular basis.
Gather and analyze all relevant data for the plan with the assistance of MVU staff.
Develop forecasts for load, energy efficiency, energy storage, renewable energy procurement, and electric transportation.
Include Resource Adequacy (RA) and Renewable Portfolio Standards requirements.
Include a plan for all resources to be procured to meet needs. Include a diversified procurement portfolio.
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Prepare a copy of the initial written draft report for the City to review, including a detailed list of assumptions, stating the recommendations, and discussing the cost/benefit of the plan.
Prepare a final written comprehensive report for the City that includes sufficient information on the costs, benefits, and risks.
Prepare/Support development of reports, presentations, and other communications materials and tools to convey issues and outcomes to a broad variety of stakeholders and provide editable non-proprietary electronic copies of all such materials for the City’s use.
ADDITIONAL ACTIVITIES
The Consultant shall be available to provide support in presenting results and recommendations as necessary to the Utilities Commission and/or the City Council upon request.
OBJECTIVES OF IRP
System Reliability
Maintain a peak demand planning reserve margin of at least 15% (or other level as determined by CAISO market rules or MVU), and ensure that the reserve margin is met per state regulations and CAISO requirements
Meet CAISO Resource Adequacy requirements in compliance with the CAISO Tariff (including System Resource Adequacy, Local Resource Adequacy, and Flexible Resource Adequacy) Integrate remote and variable generation (wholly owned or joint project participation), demand side management and distributed generation
Test potential impacts of climate change on local reliability Fiscal Responsibility
Maintain stable, competitive rates
Manage market volatility (e.g., fuel, energy, capacity, RECs, and carbon) Minimize generation-related direct costs, including costs of greenhouse gas compliance Provide transparency in expected power-related rates for the average ratepayer, both in terms of percentage and dollar impact
Environmental Stewardship
Minimize the environmental impact of meeting MVU’s electric energy needs Comply with all federal, state, and local laws and regulations Meet or exceed required standards for renewables (RPS percentage) and CO2 emission reductions
Compliance with SB 350 and SB 100
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Meet or exceed the mandates of SB 350 and SB 100 (such as, but not limited to, MVU’s contribution to achieving economy-wide 40% reduction (1990 levels) in greenhouse gas emissions by 2030 and 60% RPS by 2030 on the path to zero-emissions by 2045 Follow the “Publicly Owned Utility Integrated Resource Plan Submission and Review Guidelines - Revised Second Edition” (or most recently approved CEC POU IRP Submission and Review Guidelines)
DELIVERABLES
List and describe key inputs, assumptions, resources, and scenarios considered Comply with SB 350, the CEC POU IRP Submission and Review Guidelines, (CEC-200-2018-004- CMF or more recent document), and with SB 100
Describe analytic methods and software applications used Explain the Base Case and all scenarios and in-depth studies List and describe key results and metrics, including costs, RPS compliance, carbon reductions, and reliability (capacity requirements)
Discuss and recommend near-term action plans, including timing, quantities, and types of resources, incentives and programs to be implemented over the first five years of the IRP study period
Provide detailed appendices including tables of all inputs and assumptions Provide detailed descriptions of models used in or developed for this Scope of Work and live electronic copies of spreadsheets developed specific to MVU To the maximum extent consistent with licensing agreements, provide data inputs and/or configuration files used to conduct production cost modeling using proprietary data and software. Regardless of licensing agreements, the contractor shall retain such files and provide them to MVU in the event MVU licenses the proprietary software or obtains rights to own and use such files.
BACKGROUND MATERIALS
Briefly review and analyze previous IRPs and existing City policies for alignment with MVU’s environmental goals and applicable state and federal laws and regulations.
Review MVU’s existing and any identified proposed energy resources and programs.
Identify energy supply options to be modeled, including analyses of technical feasibility and reliability, economic, and environmental impacts, such as:
EE/DR programs;
Distributed energy resources (e.g., PV, wind, CHP, fuel cells); I.24.a
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Distributed energy storage, including EVs;
Local renewable resources;
Remote renewable resources;
Changes to existing resources, such as repowering local generation with biofuels.
Identify opportunities for partnerships with local institutions and technological leaders to take advantage of innovative green and clean power solutions for the benefit of the community and its future.
Incorporate the current and expected status of MVU’s existing generation and power purchase agreements, including modifications or upgrades to preserve or replace existing supplies through the end of the planning period.
MEETINGS
Conduct 3 meetings organized and scheduled by respondent with the IRP stakeholders group.
Attend and assist with presenting the final IRP to governing bodies: Utilities Commission, City Council (one each).
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EXHIBIT B
CITY RESPONSIBILITIES
City will provide direction and information as required to assist the consultant in completing the scope of work defined in exhibit A.
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EXHIBIT C
TERMS OF PAYMENT
1. The Vendor's compensation shall not exceed $90,205.
2. The Vendor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
https://moval.gov/departments/financial-mgmt-svcs/svc-biz-license.html
3. The Vendor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date.
The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Vendor will submit all original invoices to Accounts Payable staff at [email protected] a. Accounts Payable questions can be directed to (951) 413-3073. b. Copies of invoices may be submitted to the Moreno Valley Utility Division in the Public Works Department at [email protected] or calls directed to (951) 413-3500.
4. The Vendor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
5. The minimum information required on all invoices is:
a. Vendor Name, Mailing Address, and Phone Number
b. Invoice Date
c. Vendor Invoice Number
d. City-provided Reference Number (e.g. Project, Activity) e. Detailed work hours by class title and task order number (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a I.24.a
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contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Vendor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
7. Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless authorized in writing by City.
8. Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
9. Non-Performance Damages/Penalties. The Vendor have agreed to non-performance damages/penalties with respect to Vendor’s failure to complete the Work within the Contract/Agreement Time intervals and/or frequencies as set forth in this agreement and/or in the Scope of Work, or as directed by the City. For each of the categories set forth hereinabove, the penal sum of 1% of the total contract/agreement amount per working day will be assessed for each working day the deficiencies remain uncorrected. If non-performance damages/penalties are to be assessed, the Vendor will be notified immediately by written email, facsimile transmission, letter, or by telephone.
The Vendor will not be assessed non-performance damage/penalties for delays caused by the City or are deemed outside the Vendor’s control by the City.
Vendor and City acknowledge and agree that the amount of such non-performance damages/penalties are impossible to ascertain as of the date of execution hereof and have agreed to such non-performance damages/penalties to fix the City's damages and to avoid later disputes. It is understood and agreed by Vendor that non-performance damages/penalties payable pursuant to this Contract/Agreement and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Contract/Agreement.
It is further mutually agreed that the City will have the right to deduct non-performance damages/penalties against progress payments or retainage and that the City will issue a Change Order and reduce the Contract/Agreement Price accordingly. In the event the remaining unpaid Contract/Agreement Price is insufficient to cover the full amount of non-performance damages/penalties, Vendor shall pay the difference to the City.
City may at any time deduct non-performance damages/penalties as are payable hereunder from money due or to become due to Vendor, or pursue any other legal remedy to collect such non-performance damages/penalties from Vendor and/or its I.24.a
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Insurance, Surety, etc.. Neither the City's failure or delay in deducting non-performing damages/penalties from payments otherwise due Vendor, nor City's failure or delay in notifying Vendor of the accrual of non-performance damages/penalties, shall be deemed a waiver of City's right to non-performance damages/penalties.
City's rights under this Section shall not be interpreted as precluding or limiting:
(1) any right or remedy of City arising from an event of Vendor default other than a failure to complete the Work within the Contract/Agreement Time; or (2) City's right to order an acceleration, at Vendor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue non-performance damages/penalties.
The availability of non-performance damages/penalties shall not limit City's right to terminate the Vendor's performance and accrual and/or assessment of non-performance damages/penalties does not constitute a waiver of such rights.
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Packet Pg. 839 Attachment: Agreement for Services - Energeia [Revision 1] (6645 : AWARD AGREEMENT TO ENERGIA USA FOR UPDATED IRP) Report to City Council
ID#6642 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 21, 2024
TITLE: AUTHORIZATION TO AWARD BID FOR THE FURNISHING
AND DELIVERY OF SUBSTATION TRANSFORMERS FOR
THE MORENO VALLEY SUBSTATION UPGRADES
PROJECT TO VIRGINIA TRANSFORMER CORP IN THE
AMOUNT OF $6,460,918 FOR TWO SUBSTATION
TRANSFORMERS AND APPROPRIATE FUNDS FOR THIS
MAJOR EQUIPMENT
RECOMMENDED ACTION
Recommendations:
1. Award the Bid to Virginia Transformer Corp, the lowest responsible bidder, for the purchase of Two Substation Transformers and authorize the issuance of a Purchase Order to Virginia Transformer for $6,460,918.
2. Appropriate funds for the purchase of the above major equipment for the Moreno Valley Substation Upgrades project in the amount of $6,460,918.
3. Authorize the Chief Financial Officer/City Treasurer to execute any subsequent related minor change orders up to, but not exceeding, the contingencies for each equipment as stated in the report, subject to the approval of the City Attorney.
SUMMARY
This report recommends the award of major, long-lead time equipment for the Moreno Valley Utility (MVU) Moreno Valley Substation Upgrades project. The equipment includes the purchase of two (2) transformers. The project is funded from MVU’s capital budget. The total cost for two substation transformers is $6,460,918. The anticipated in-service date for the substation is currently by December 2026.
DISCUSSION
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Moreno Valley Utility’s Distribution System Planning for the Years 2024 through 2029 has identified the need for the expansion of the Moreno Valley Substation as a high-priority project to accommodate the planned development of large industrial projects and residential projects on the east side of the City. The substation will also improve the reliability and operational flexibility of the electric distribution system in the eastern side of the City.
The major equipment specifications for the transformers were prepared by staff to meet the new projected demand of planned developments in the eastern area of the City. A Request for Proposal (RFP) was prepared for the furnishing and delivery of two (2) substation transformers for the expansion of the Moreno Valley Substation. The RFP was posted on OpenGov, the City’s online bidding portal, from March 13, 2024 through April 30, 2024. All RFP Addendums and Questions and Answers were posted on OpenGov.
The cost estimate for the transformers was initially $3,600,000 and was expected to be budgeted in FY 25/26. However, due to long lead times and supply chain issues persisting in the large power transformer marketplace, MVU will need to place an order for these transformers earlier than originally anticipated, in FY 24/25. All of the proposals that were received for the RFP for transformers came in above the initial estimate for the equipment, namely due to high demand in the marketplace and low manufacturing capacity available for medium/large power transformers.
The following bids were received for the Transformer RFP. The bids from JSHP Transformer USA Corp. and MVA Power Inc. were determined to be nonresponsive as they had proposed transformers that would not be manufactured in the United States, which was a requirement of the RFP. The proposal from Virginia Transformer had a minor irregularity in their attachments submitted in OpenGov, which did not change the total bid amount; they were determined to be responsive after receiving the missing attachments within 24 hours of the bid close date. Virginia Transformer had the highest RFP score amongst the responsible bidders who submitted proposals. Therefore, Virginia Transformer was deemed to be the lowest, responsible bidder, and staff is recommending that the City issue a Purchase Order to Virginia Transformer for $6,460,918.
Bidder Total Bid
1. Virginia Transformer $6,460,918
2. JSHP USA Corp. Nonresponsive
3. MVA Power Inc. Nonresponsive
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative because it will facilitate the timely construction of the Moreno Valley Substation Upgrades project and improve reliability and operational flexibility of the electric distribution system.
2. Do not approve and authorize the recommended actions as presented in this I.25
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staff report. Staff does not recommend this alternative because it will delay the construction of the Moreno Valley Substation Upgrades project and jeopardize its anticipated operation date of December 2026.
FISCAL IMPACT
Design, construction, and equipment purchase of the Moreno Valley Substation Upgrades, Project No. 805 0068, is included in the adopted Fiscal Year 2023/2024 CIP budget. The project is funded by MVU’s CIP Budget. There is no impact to the General Fund. The project, including the purchase of major equipment, has been approved in the 2024/25 Capital Improvement Plan. The major equipment will be funded by the budget appropriation requested in this report. Staff is recommending the appropriation of $6,980,918 for the purchase of the major equipment.
Proposed Appropriation:
Fund Project Number (PN)
GL Account (GL) Type FY 24/25 Budget Proposed Adjustment FY 24/25 Amended Budget 6011 6011-70-80-80005-720199 Exp $520,000 $6,460,918 $6,980,918
NOTIFICATION
The RFPs were posted on OpenGov, the City’s online bidding portal, from March 13, 2024, through April 30, 2024. All RFQ Addendums and Questions and Answers were posted in OpenGov.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kamran Aladross Melissa Walker
Electric Utility Assistant Manager Public Works Director/City Engineer Concurred By:
Jason Niccoli
Electric Utility Division Manager
CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.1: Develop a Moreno Valley Utility Strategic Plan to prepare for the 2022 expiration of the ENCO Utility Systems agreement.
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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. Example Agreement for Project Related Services - VTC
APPROVALS
Budget Officer Approval ✓ Approved . 5/14/24 7:11 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/14/24 8:45 AM
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1 AGREEMENT FOR PROJECT RELATED SERVICES
PROJECT NO. 805 0068
This Agreement is by and between the City of Moreno Valley, California, a municipal corporation, hereinafter described as "City," and Virginia Transformer Corporation, a Virginia Corporation hereinafter described as "Consultant." This Agreement is made and entered into as of this ___________ day of MONTH 2024 (“Effective Date”).
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" (Scope of Services) and Exhibit "B" (Consultant's Proposal) hereto; and
WHEREAS, the City does not have available employees to perform the services for the Project; and
WHEREAS, the City has requested the Consultant to perform such services for the Project; and WHEREAS, the Consultant is professionally qualified in California to perform the professional and technical services required for the Project, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:
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Packet Pg. 844 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
2 DESCRIPTION OF PROJECT
1. The Project is described as Moreno Valley Substation Transformers – 40/53/67 MVA Project No. 805 0068.
SCOPE OF SERVICES
2. The Consultant's scope of service is described on Exhibit "A" attached hereto and incorporated herein by this reference. In the event of a conflict, the City's Request for proposal shall take precedence over the Consultant's Proposal.
3. The City's responsibility is described on Exhibit "C" attached hereto and incorporated herein by this reference.
PAYMENT TERMS
4. The City agrees to pay the Consultant and the Consultant agrees to receive a "Not-toExceed" fee of $X in accordance with the payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.
TIME FOR PERFORMANCE
5. The Consultant shall commence services upon receipt of written direction to proceed from the City.
6. (a) The Consultant shall perform the work described on Exhibit "A" in accordance with the design/construction schedule as stated in the Notice to Proceed. (b) After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials constitutes the date of commencement of the Contract Time I.25.a
Packet Pg. 845 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
3 of sixty (60) Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order of materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders).
The Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials shall further specify that Contractor must complete the preconstruction requirements and order materials within fourty five (45) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.
Critical preconstruction requirements include, but are not limited to, the following:
• Submitting and obtaining approval of Traffic Control Plans • Installation of the approved Project Identification Signs • Obtaining an approved no fee Encroachment Permit
• Notifying all agencies, utilities, residents, etc., as outlined in the Bidding Documents (c) Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time. (d) Liquidated Damages - The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to order all materials in accordance with the Notice to Proceed with Order of Materials and/or, failure to fulfill the preconstruction requirements, and/or failure to complete the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85.
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Packet Pg. 846 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
4 Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadline for completion of the Work and will not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.
In the event that Contractor fails to order all materials in accordance with the Notice to Proceed with Order of Materials and/or fails to fulfill the preconstruction requirements and/or fails to complete the Work within the Contract Time, Contractor agrees to pay the City $2000.00 per Calendar day that completion of the Work is delayed beyond the Contract Time, as adjusted by Contract Change Orders.
The Contractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.
The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. The Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.
It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the I.25.a
Packet Pg. 847 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
5 City.
(f) Owner is Exempt from Liability for Early Completion Delay Damages. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay.
7. This Agreement shall be effective from effective date and shall continue in full force and effect date through XX/YY/ZZZZ, subject to any earlier termination in accordance with this Agreement.
The services of Consultant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement.
8. (a) The Consultant agrees that the personnel, including the principal Project manager, and all subconsultants assigned to the Project by the Consultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the Consultant without written prior approval of the City.
SPECIAL PROVISIONS
9. It is understood and agreed that the Consultant is, and at all times shall be, an independent CONSULTANT and nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, an agent or employee of I.25.a
Packet Pg. 848 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
6 the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.
10. The Consultant may also retain or subcontract for the services of other necessary consultants with the prior written approval of the City. Payment for such services shall be the responsibility of the Consultant. Any and all subconsultants employed by the Consultant shall be subject to the terms and conditions of this Agreement, except that the City shall have no obligation to pay any subconsultant for services rendered on the Project.
11. The Consultant and the City agree to use reasonable care and diligence to perform their respective services under this Agreement.
12. The Consultant shall comply with applicable federal, state, and local laws in the performance of work under this Agreement.
13. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing 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 discrimination under any program or activity made possible by or resulting from this I.25.a
Packet Pg. 849 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
7 Agreement.
(b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subCONSULTANT to also comply with the requirements of this Section 13.
I.25.a
Packet Pg. 850 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
8 14. To the furthest extent allowed by law (including California Civil Code section 2782.8 if applicable), Consultant shall indemnify, hold harmless and defend the City, the Moreno Valley Community Services District (“CSD”), the Moreno Valley Housing Authority (“Housing Authority”) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subCONSULTANT to indemnify, hold harmless and defend City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the 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.
CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat all persons working for or under the direction of CONSULTANT as an I.25.a
Packet Pg. 851 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
9 independent Consultant of City and agents and employees of CONSULTANT, and not as agents or employees of City. CONSULTANT and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.
CalPERS Retiree Disclosure. CONSULTANT hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for CONSULTANT who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to City approval, assigned by CONSULTANT to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.
Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, CONSULTANT shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either CONSULTANT or City files an appeal or court challenge, CONSULTANT and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.
This section shall survive termination or expiration of this Agreement.
15. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit E or as may be authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion.
I.25.a
Packet Pg. 852 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
10 (b) If at any time during the life of the Agreement or any extension, Consultant or any of its subCONSULTANTs fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to 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 Consultant 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 commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subCONSULTANTs, or anyone employed directly or indirectly by any of them.
(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 certified by the underwriter to be a true and correct copy of the original policy. This requirement shall I.25.a
Packet Pg. 853 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
11 survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subCONSULTANT to provide insurance protection in favor of City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and City prior to the commencement of any services by the subCONSULTANT.
16. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
17. Consultant and subconsultants shall pay prevailing wage rates when required by the Labor Laws of the State of California.
18. (a) The Consultant shall deliver to the Electric Utility Division Manager, fully completed and detailed project-related documents which shall become the property of the City. The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement. (b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized use of computations, maps, and other documents prepared or provided by the Consultant under this Agreement, if used by the City on other work without the permission of the I.25.a
Packet Pg. 854 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
12 Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.
19. (a) This Agreement shall terminate without any liability of 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 party 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 Project; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of termination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Consultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (b) In the event of termination due to failure of 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 of, 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 privilege which may be available to it under applicable laws of the State I.25.a
Packet Pg. 855 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
13 of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (d) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Consultant shall notify City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.
20. This Agreement is binding upon the City and the Consultant and their successors and assigns. Except as otherwise provided herein, neither the City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the other.
21. A City representative shall be designated by the City and a Consultant representative shall be designated by the Consultant. The City representative and the Consultant representative shall be the primary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, and the Consultant's representative shall cooperate with the City in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.
22. This Agreement represents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or I.25.a
Packet Pg. 856 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
14 oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties.
23. Where the payment terms provide for compensation on a time and materials basis, the Consultant shall maintain adequate records to permit inspection and audit of the Consultant's time and materials charges under this Agreement. The Consultant shall make such records available to the City at the Consultant's office during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records. Except as may be otherwise required by law, such records will be available only to the City. Such records shall be maintained by the Consultant for three (3) years following completion of the services under this Agreement.
24. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
25. (a) Consultant shall comply, and require its subCONSULTANTs to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Consultant shall 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.
I.25.a
Packet Pg. 857 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
15 Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing.
(b) In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, 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 that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant, nor any of Consultant’s subCONSULTANTs performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. Consultant and any of its subCONSULTANTs shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 25(a), above. (e) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subCONSULTANTs to comply therewith. (f) This Section 25 shall survive expiration or termination of this Agreement.
26. All Plans, drawings, Specifications, reports, logs, and other documents prepared by the I.25.a
Packet Pg. 858 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
16 Consultant in its performance under this Agreement shall, upon completion of the project, be delivered to and be the property of the City, provided that the Consultant shall be entitled, at its own expense, to make copies thereof for its own use.
27. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the 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.
28. Supplementary General Provisions. (For projects that are funded by Federal programs).
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 CONSULTANT for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions 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 General 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 administrative, contractual, and legal remedies provided in the General Conditions in the event 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.) I.25.a
Packet Pg. 859 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
17 d) CONSULTANT shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 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). f) 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 developed under the Agreement and/or subcontracts for work pursuant to the Agreement.
j) CONSULTANT shall provide access by the 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 Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to I.25.a
Packet Pg. 860 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES)
AGREEMENT FOR PROJECT
RELATED SERVICES
PROJECT NO. 805 0068
18 contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
m) CONSULTANT shall comply with 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 (Pub. L. 94163, 89 Stat. 871).
SIGNATURE PAGE FOLLOWS
I.25.a
Packet Pg. 861 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 19 Revised: 11-21-22
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley VENDOR NAME
BY: BY:
City Manager
Name:
TITLE:
(President or Vice President)
Date
Date
BY:
Name:
TITLE:
(Corporate Secretary)
Date
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
Date
I.25.a
Packet Pg. 862 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 20 Revised: 11-21-22
EXHIBIT A
SCOPE OF SERVICES
CITY SPECIAL PROVISIONS
GENERAL PROVISIONS
I.25.a
Packet Pg. 863 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 21 Revised: 11
-21-22
EXHIBIT B
CONSULTANT PROPSAL
I.25.a
Packet Pg. 864 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 22 Revised: 11-21-22
EXHIBIT C
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in-house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, copies of record and off-record maps and other record and off-record property data, right-of-way maps and other right-of-way data, pending or proposed subject property land division and development application data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.
2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the Consultant.
3. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.
I.25.a
Packet Pg. 865 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 23 Revised: 11-21-22
EXHIBIT D
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $6,460,918.00.
2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
http://moval.org/departments/financial-mgmt-svcs/svc-biz-license.html
3. The Consultant will electronically submit an invoice to the City once a month for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progress payment shall be final. The consultant will submit all original invoices to Moreno Valley Electric Utility staff at [email protected] or calls directed to (951) 413-3500.
4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
5. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services I.25.a
Packet Pg. 866 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 24 Revised: 11-21-22
performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Consultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
I.25.a
Packet Pg. 867 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 25 Revised: 11-21-22
EXHIBIT E
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession.
Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
I.25.a
Packet Pg. 868 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 26 Revised: 11-21-22
4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any self-insured retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage shall be primary and no contribution shall be required of City.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
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Packet Pg. 869 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) 27 Revised: 11-21-22
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.
Verification of Coverage
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting 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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Packet Pg. 870 Attachment: Example Agreement for Project Related Services - VTC (6642 : AWARD BID FOR SUBSTATION TRANSFORMER PURCHASES) Report to City Council
ID#6641 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: May 21, 2024
TITLE: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORENO VALLEY, CALIFORNIA, APPROVING
UPDATES TO 2023 WILDFIRE MITIGATION PLAN FOR
MORENO VALLEY UTILITY
RECOMMENDED ACTION
Recommendation:
1. Adopt Resolution No. 2024-XX, a Resolution of the City Council of the City of Moreno Valley, California, approving updates to the 2023 Wildfire Mitigation Plan for Moreno Valley Utility.
2. Authorize City Manager to make minor plan modifications and submit to the State to ensure compliance with State legislation.
SUMMARY
Staff recommends City Council approve the updates to the Moreno Valley Utility (MVU) 2023 Wildfire Mitigation Plan. The Plan conforms to the requirements of Senate Bill 901 (SB 901) and Assembly Bill 1054 (AB 1054) which were signed into law in September 2018, and July 2019 respectively. This update incorporates recommended additions and changes outlined by the California Wildfire Safety Advisory Board.
MVU’s entire electric distribution system is located underground in conduit and vaults.
The undergrounding of electrical infrastructure is an effective mitigation measure to reduce the cause of power-line ignited wildfires. Despite this low risk, MVU takes appropriate actions to help prevent and respond to increasing risk of devastating wildfires. MVU follows all applicable design, construction, operation, and maintenance requirements reducing safety risks associated with its system. The Wildfire Mitigation Plan describes the measures MVU follows to reduce its risk of causing wildfires. This Wildfire Mitigation Plan helps meet MVU’s overarching goal to provide safe, reliable, I.26
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