Redding City Council
May 17, 2022

Agenda
Regular Meeting
Redding City Council
Council Chambers (Doors open 30 minutes prior)
777 Cypress Avenue
Redding, CA
May 17, 2022
6:00 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.

1. CALL TO ORDER - MAYOR KRISTEN SCHREDER
A. Pledge of Allegiance
B. Invocation - Lynn Fritz, Native American Tradition as a Karuk Tribal Descendant C. Roll Call

2. PRESENTATIONS
2A. Presentation of 2021 Citizen Awards to Michael Knowles (Don D. Davis) and Keith Devine by the Redding Police Department.

3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.

PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC

COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.

The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.

If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.org or in the Public View binder located on the podium at the north side of the Chambers.

PLEASE SILENCE YOUR CELL PHONES. THANK YOU.

Redding City Council May 17, 2022

4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(b). Accept City of Redding Accounts Payable Register No. 20; and Payroll Register No. 22.

4.1(a). Approve and ratify the submission of an application for U.S. Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding in the amount of $1,000,000 to update the Montgomery Watson Floodplain Study for the City of Redding Public Works Department.

4.1(b). Adopt Resolution authorizing the submittal of a grant application by the City of Redding Water Utility to the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Fiscal Year 2023 Project Funding in the amount of $3,600,000 for the placement of an additional groundwater well, Well No. 24.

4.5(a). Authorize the following modifications relative to previously awarded Bid Schedule No. 5237, Three-Phase, Pad-Type Distribution Transformers to WEG Transformers USA (WEG):
(1) Accept a proposed change in contract pricing terms by following WEG’s price adjustment policy for long term customers, which incorporates new bi-monthly-end price adjustments for orders when it is shipped which replaces the previous practice of adjustments in direct proportion to a Producer Price Index in place at the time the order is placed; (2) Ratify the amendment of purchase orders previously issued to WEG totaling $567,858.73 to the increased amount of $617,814.70; (3) Authorize the Purchasing Officer to extend the bid award annually with WEG through November 30, 2026, if mutually agreeable, with all terms and conditions remaining the same, and price adjustments per WEG’s price adjustment policy for long term customers; and
(4) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions.

4.5(b). Authorize the City Manager, or designee, to execute the Fifth Amendment (Change Order No. 3) to the Professional Services Agreement (C-6277) with Itron, Inc.; and authorize the City Manager, or designee, to execute future Change Orders to the Professional Services Agreement (C-6277) with Itron, Inc.

Redding City Council May 17, 2022

4.6(a). Approve the Fourth Amendment to the Consulting and Professional Services Agreement with North State Security, Inc., (C-7766) authorizing the following:
(1) Security services at various City of Redding-owned locations and City of Redding parks, including seven new facilities, and extension of the contract expiration date to July 31, 2023;
(2) Including an average rate increase of five percent for existing locations and an overall contract increase of 34 percent for Fiscal Year 2022-23; and
(3) Authorize the City Manager, or designee, to execute the amendment.

4.9(a). Approve and authorize the Chief of Police to execute the Third Amendment to Exclusive Agreement with Redflex Traffic Systems, Inc. (C-4649), extending the term for an additional five years ending June 1, 2027, to provide red light camera enforcement at selected intersections in a continued effort to reduce traffic collisions and increase public safety.

4.11(a). Authorize the following actions relative to Bid Schedule No. 5180 (Job No. 2477), Eastside Road over Olney Creek Bridge Project (Project):
(1) Reject the apparent low bid by Stewart Engineering Inc. (SEI) as nonresponsive and award the project to the second low bidder Abacus Construction, Inc., in the amount of $3,703,683.84;
(2) Approve an additional $567,000 to cover the cost of contract administration and inspection fees and $645,000 for project development costs;
(3) Approve $370,000 to provide construction contingency funding; (4) Authorize the City Manager to approve additional increases, in either the construction management or construction contingency amounts, up to a total of $15,000; and
(5) Adopt Resolution approving and adopting the 42nd Amendment to City Budget Resolution No. 2021-078 appropriating $2,056,690 in federal grant funds and $1,380,390 in Transportation Impact Fee funds for the Project.

4.11(b). Adopt Resolution accepting the List of Projects for Fiscal Year 2022-23 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017, for the Public Works Department.

4.11(c). Authorize the Public Works Department to purchase radio equipment from Motorola in an amount not to exceed $450,000 for Fiscal Year 2021-22 based upon the authorization for sole-source purchasing of Motorola radio equipment for the Redding Electric Utility Wildfire Mitigation Plan Technology Solutions Program, approved by City Council at the September 15, 2020, meeting.

4.11(d). Accept $2,295,100 in Urban Flood Protection Grant funds; and adopt Resolution approving and adopting the 41st Amendment to City Budget Resolution No. 2021-078 appropriating $2,295,100 for the Boulder Creek Flood Protection and Natural Treatment Project.

Redding City Council May 17, 2022

4.11(e). Accept update on the City of Redding’s COVID-19 Local Economic Stimulus Package projects.

4.11(f). Approve the 2022 Addendum to the Water Transfer Agreement with Anderson Cottonwood Irrigation District (C-5048) for the transfer (purchase) of 3,280 acre-feet of water at a cost of $300 per acre-foot.

4.11(g). Accept Bid Schedule No. 5161 (Job No. 2648), Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project, awarded to RTA Construction, Inc., as satisfactorily complete, with a final cost of $2,012,220.48.

4.11(i). Authorize the following actions:
(1) Authorize staff to negotiate the transfer of a 30-foot-wide utility easement for the proposed relocation of a Pacific Gas and Electric overhead electric line across a City of Redding-owned parcel at 2900 Manzanoaks Drive (Assessor’s Parcel Number 074-250-041); (2) Find that the transfer of the utility easement is categorically exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”); and
(3) Authorize the Mayor to execute all legal documents necessary to complete the transfer and grant the easement.

RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.

9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES
Deputy City Manager

9.2(a). Consider approval of the Goodwater Crossing Emergency Housing Site.

Recommendation:

Approve Goodwater Crossing as a short-term, temporary Emergency Housing Site (EHS) of no more than 12 sleeping cabins at 2500 Shasta View Drive (Assessor Parcel No. 109-220-024) for a one-year term; and authorize the City Manager to make minor modifications to the Operations and Services Manual and Site Plan to facilitate the final Goodwater Crossing EHS approval process and to set the one-year term start date.

Redding City Council May 17, 2022

Deputy City Manager

9.2(b). Consider approving Development Agreement for Lowden Lane Senior Apartments.

Recommendation:

Authorize the Mayor to execute a Development Agreement (DA) with Redding Lowden Lane, LP, providing a City of Redding Loan in an amount not-to-exceed $5,500,000 financed by the Community Development Block Grant (CDBG) Disaster Recovery Multifamily Housing Program (DR-MHP) funds, and an Infill Infrastructure Grant loan in an amount not-to-exceed $1,989,650, for the development of the Lowden Lane Senior Apartments located at 2775 Lowden Lane; and authorize the City Manager, or designee, to execute the DA, the CDBG DRMHP funding documents, and any other documents necessary to complete the project transaction.

Electric Utility

9.5(c). Consider Redding Electric Utility's Quarterly Financial Report and Industry Activities Update.

Recommendation:

Accept Redding Electric Utility’s Fiscal Year 2021-22 Third Quarter Financial Report and Industry Activities Update.

Finance

9.10(a). Consider the City of Redding General Fund Quarterly Financial Report for the quarter ended March 2022.

Recommendation:

Accept the General Fund Quarterly Financial Report for the quarter ended March 31, 2022.

9.10(b). Consider placing a ballot measure on the November 8, 2022, General Municipal Election ballot to determine if the City of Redding's City Clerk and City Treasurer positions should be appointed rather than elected.

Recommendation:

Accept the report and provide direction to staff regarding preparation of the documents necessary to place a measure on the ballot for the November 8, 2022, General Municipal Election, to determine if the City Treasurer and City Clerk positions should be appointed rather than elected.

Redding City Council May 17, 2022

Public Works

9.11(h). Consider Ordinance Amending Redding Municipal Code (RMC) Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling).

Recommendation:

Authorize and approve the following actions to comply with state mandated legislation for the Solid Waste Utility:
(1) Offer Ordinance amending RMC Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling), for first reading by title only and waive the full reading;
(2) Find that the passage of this ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”) because it can be seen with certainty that passage of the ordinance will not have a significant effect on the environment; and
(3) Authorize the City Attorney to prepare and the City Clerk to publish a summary ordinance according to law.

11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only

12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS

FOR FUTURE CITY COUNCIL MEETINGS

13. ADJOURNMENT
Redding City Council May 17, 2022

Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California.

City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: http://scac.cablecast.tv:8080/CablecastPublicSite/watch/4?channel=1. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.org/. Open the City’s meetings and agendas portal; Click on tab named "Meetings Videos" and select Redding City Council under “Available Archives 2022” select the desired date, then click on “video” to view the meeting.

In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance.

The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.

Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Presentation of 2021 Citizen Awards to Michael Knowles (Don D. Davis) and Keith Devine by the Redding Police Department.

A citizen is considered for a Meritorious Conduct Award if their actions: exemplify excellence in performance of civic responsibilities, show unselfish devotion to their fellow man and community, and/or bring honor to themselves and recognition to the City of Redding through their actions.

Summaries of the incidents that warrant honoring these individuals are attached.

Attachments
^Citizen Award Keith Devine
^Citizen Award Michael Knowles
MEETING DATE: May 17, 2022
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 2A--Presentation of Citizen Awards to Michael Knowles and Keith Devine by the Redding Police Department
Bill Schueller, Chief of Police
Packet Pg. 8
Citizen’s Award
Keith Devine
On November 20, 2021, two Redding Police Department patrol officers contacted a suspicious subject obstructing traffic on the eastbound lanes of State Highway 44. The male was agitated, had violent prior contacts with law enforcement, and was making suicidal statements. The attempts to deescalate and calm the subject were not successful. The subject fled from officers into the busy, fast-moving traffic. He actively jumped directly in front of oncoming vehicles, nearly causing multiple traffic collisions. Both officers pursued the subject on foot and he was subsequently taken into custody after a physical struggle and the utilization of less-lethal tools.

Mr. Keith Devine, a passing motorist, observed the event occurring. He recognized the danger to the officers who were exposed to traffic while they struggled to gain control of the subject. Mr.

Devine angled his vehicle across multiple lanes of traffic to shield the officers. He then exited his vehicle, exposing himself to danger, in order to flag down oncoming vehicles. Once the male was detained, Mr. Devine continued to direct traffic, which allowed the officers to secure the subject in a patrol vehicle and collect evidence.

Mr. Devine’s selfless actions during an unexpectedly violent and rapidly evolving encounter helped protect the lives of his fellow community members, the involved officers, and the subject who was in distress. The Redding Police Department is honoring Mr. Keith Devine for his unselfish devotion to his community with the Citizen’s Award.

Packet Pg. 9
Attachment: ^Citizen Award Keith Devine (2A--Presentation of Citizen's Award Certificates by Redding Police Department) Citizen’s Award
Michael Knowles
On November 10, 2021, at about 10:58 p.m., a Mercury sedan was being driven northbound on Interstate 5. The driver took an exit towards the eastbound Highway 44 interchange and continued driving on an overpass that spans Hilltop Drive. The Mercury left the roadway while on the overpass and fell onto Hilltop Drive, where it came to rest.

RPD officers came upon the unrecognizable Mercury that was on fire on Hilltop Drive. RPD officers were unable to remove the driver from the extensively damaged vehicle. Michael Knowles happened to be driving past the location in a Don D. Davis tow truck. Knowles assisted officers in attempting to remove the driver’s door of the Mercury with the tow truck’s boom in an effort to extricate the driver. The Mercury was so badly damaged that the tow truck’s boom harness sliced through the metal of the door frame instead of pulling the door from the vehicle’s frame. The officers continued to attempt to pull the driver from the Mercury, while Michael Knowles exhausted his tow truck’s fire extinguisher on the fire. The officers also exhausted their fire extinguishers and though unable to put the vehicle fire out, temporarily held the fire at bay. The officers and Michael Knowles continued trying to rescue the driver until the vehicle’s fire became so intense that the driver succumbed to the flames.

For his unselfishness devotion to his fellow man and bringing honor to himself, Michael Knowles is presented the Redding Police Department’s Citizen’s Award.

Packet Pg. 10
Attachment: ^Citizen Award Michael Knowles (2A--Presentation of Citizen's Award Certificates by Redding Police Department)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Accounts Payable Register No. 20; and Payroll Register No. 22.

Fiscal Impact
There is no fiscal impact to accepting the registers.

Alternative Action
The City Council could choose to not accept the registers and provide direction to staff.

Background/Analysis
Attached are the Accounts Payable and Payroll Registers as follows:

Accounts Payable:
(1) Register Number 20 for the period April 16, 2022 – April 29, 2022, in the amount of $11,520,872.66.

Payroll:
(1) Register Number 22 for the period April 17, 2022 – April 30, 2022, in the amount of $3,660,135.85.

Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
Accounts Payable Register No. 20 and Payroll Register No. 22 MEETING DATE: May 17, 2022
ITEM NO. 4(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(b)--City of Redding Accounts Payable and Payroll Registers.

Allyn Feci Clark, Director of
Finance/City Treasurer
Packet Pg. 11
Packet Pg. 12
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 13
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 14
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 15
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 16
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 17
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 18
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 19
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 20
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 21
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 22
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 23
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 24
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 25
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 26
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 27
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 28
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 29
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 30
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 31
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 32
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 33
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 34
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 35
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 36
Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and ratify the submission of an application for U.S. Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding in the amount of $1,000,000 to update the Montgomery Watson Floodplain Study for the City of Redding Public Works Department.

Fiscal Impact
If the City of Redding (City) is successful in obtaining Fiscal Year 2023 Community Project Funding, the City may receive up to $1,000,000 with no required local matching funds.

Alternative Action
The City Council may choose to not ratify the application for Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding, in which case the application will be withdrawn and the City will not be considered for this funding source.

Background/Analysis
The United States Congress created a new process entitled “Community Project Funding” which allows members of Congress to submit funding requests for specific programs and projects based in their district. Congressman Doug LaMalfa (CA-1) secured $16.8 million for Califonia’s 1st District for Fiscal Year 2022. The City of Redding has the opportunity to apply for a new round of Community Project Funding for Fiscal Year 2023 anticipating that $17-18 million will be allocated to each Representative. Community Project Funding has a broad range of eligible uses that can either fit into specific program categories or exist as general requests.

In 1993, the City adopted the citywide Storm Drain Master Plan (SDMP), which is sometimes internally referred to as the Montgomery Watson Study, named after the engineers that conducted it. The Montgomery Watson Study floodplain elevation findings differ, in some cases MEETING DATE: May 17, 2022
ITEM NO. 4.1(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.1(a)--Ratify Application for Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding
Barry Tippin, City Manager
Packet Pg. 37
Report to Redding City Council May 9, 2022
Re: 4.1(a)--Ratify Grant Application - Montgomery Watson Floodplain Study Page 2 dramatically, from the findings of the Federal Emergency Management Agency (FEMA). The FEMA study looked at 1987 conditions and assumed that future development in the watershed would not significantly alter flood flows. The conflicting, and aging, floodplain data result in a situation which can be prohibitive to development in areas impacted by the broadly drawn Montgomery Watson Study, even where the FEMA data or more recent studies show that a given area of the City may be outside of the floodplain.

Floodplain-based constraints on development have made updating the Montgomery Watson Study a priority so that clear and recent data is available when considering development. City staff anticipates that a comprehensive update of the Montgomery Watson floodplain would cost $1,000,000 and has a plan to conduct a Request for Proposals to develop the update and select a consultant to update the floodplain study. City staff submitted an application for the Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding for the full project amount of $1,000,000, and if the City is granted the funds, anticipates the project taking 450 days from the time funds are received to complete.

Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Packet Pg. 38

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution authorizing the submittal of a grant application by the City of Redding Water Utility to the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Fiscal Year 2023 Project Funding in the amount of $3,600,000 for the placement of an additional groundwater well, Well No. 24.

Fiscal Impact
Adoption of this Resolution would have no fiscal impact. However, the City of Redding (City) could receive up to $3,600,000 from the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program if successful. The WaterSMART Drought Response Program requires local matching funds that are equal to or greater than the amount requested. The Water Utility would use funds that have been budgeted for additional groundwater wells and piping to fulfill the local match requirement. The total project value is $7,200,000 for design and construction of a new well in south Redding including infrastructure to connect the well to the City water system.

Alternative Action
The City Council may choose to not adopt the resolution and, therefore, not authorize an application to the United States Department of Interior Bureau of Water Reclamation WaterSMART Drought Response Program. In this case, the City would not apply for the funding opportunity and would not have the opportunity to receive grant funding from this program.

MEETING DATE: May 17, 2022
ITEM NO. 4.1(b)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.1(b)--Adopt Resolution Authorizing Grant Application to the US Department of Interior Bureau of Water Reclamation WaterSMART Drought Response Program Fiscal Year 2023 Project Funding
Barry Tippin, City Manager
Packet Pg. 39
Report to Redding City Council May 11, 2022
Re: 4.1(b)--Authorize Grant Application - Groundwater Well No. 24 Page 2 Background/Analysis
The United States Department of the Interior Bureau of Water Reclamation (BWR) is a federal agency tasked with the management of water resources. BWR accomplishes this mission through a number of mechanisms including grant funding for state, local, and private organizations. The BWR WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 enables partner organizations to leverage federal resources to plan and implement actions that increase water supply reliability by investing in existing infrastructure. Eligible projects under this program are intended to build long-term resilience to drought.

The City’s Water Utility is responsible for providing customers with a reliable supply of highquality drinking water. The Water Utility serves approximately 90,000 customers over a 60 square mile service area. The Water Utility’s 2020 Urban Water Management Plan identified the addition of new groundwater wells as a critical element of drought resiliency, particularly because additional groundwater sources help to reduce the sensitivity of the Water Utility’s available surface water from Whiskeytown Lake and the Sacramento River. The Urban Water Management Plan estimates a timeline for new wells in 2025 and 2030.

The BWR WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 opportunity would enable the Water Utility to leverage federal funding to provide an additional groundwater well that would be able to come online in 2025. The new well would be located in south Redding as a result of the geography of groundwater availability and quality.

The well would require new piping infrastructure to connect to the existing water supply network. The Water Utility would request $3,600,000 from the BWR and provide $3,600,000 in local matching funds for a total project cost of $7,200,000 accounting for the rising cost of construction materials and market volatility. This opportunity represents a responsible use of public funds by leveraging local funding to access federal resources.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Resolution
Packet Pg. 40
RESOLUTION NO. 2022-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

AUTHORIZING A GRANT APPLICATION TO THE UNITED STATES

DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION

WATERSMART DROUGHT RESPONSE PROGRAM
WHEREAS, the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 is a mechanism for leveraging federal resources to plan and implement actions that increase water supply reliability through investments in existing infrastructure; and WHEREAS, the City of Redding Water Utility 2020 Urban Water Management Plan identifies new groundwater wells to be completed by 2025 as future water projects that supplement the Sacramento River and Whiskeytown Lake water sources; and WHEREAS, the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 is a potential funding source for additional wells that will provide drought resiliency; NOW, THEREFORE, the City Council FINDS, RESOLVES, and ORDERS as follows:

1. The above recitals are true and correct.

2. The City Manager is authorized to execute all documents necessary to facilitate grant application and grant acceptance thereby contractually binding the City of Redding to all grant conditions;

3. The City Council has reviewed and supports the application submitted;

4. The City of Redding has the capability to provide the amount of funding and/or in-kind contributions specified in the funding plan;

5. The City of Redding will work with the Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement.

I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
KRISTEN SCHREDER, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 41
Attachment: ^Resolution (4.1(b)--Authorize Grant Application - Groundwater Well No. 24)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following modifications relative to previously awarded Bid Schedule No. 5237, Three-Phase, Pad-Type Distribution Transformers to WEG Transformers USA (WEG):
(1) Accept a proposed change in contract pricing terms by following WEG’s price adjustment policy for long term customers, which incorporates new bi-monthly-end price adjustments for orders when it is shipped which replaces the previous practice of adjustments in direct proportion to a Producer Price Index in place at the time the order is placed;
(2) Ratify the amendment of purchase orders previously issued to WEG totaling $567,858.73 to the increased amount of $617,814.70;
(3) Authorize the Purchasing Officer to extend the bid award annually with WEG through November 30, 2026, if mutually agreeable, with all terms and conditions remaining the same, and price adjustments per WEG’s price adjustment policy for long term customers; and
(4) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions.

Fiscal Impact
Adequate funding is available in Redding Electric Utility’s (REU) current biennial General System Improvements budget for the purchase of distribution transformers. These costs include the annual recurring expenditures for installation of facilities required to maintain reliable electric service.

Alternative Action
The City Council (Council) could choose to not accept the pricing policy proposed by WEG and provide alternative direction to staff.

MEETING DATE: May 17, 2022
ITEM NO. 4.5(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(a)--Modifications to Bid Schedule No. 5237 Three-Phase, Pad-Type Distribution Transformers
Nick Zettel, Interim Director
of Redding Electric Utility
Packet Pg. 42
Report to Redding City Council May 10, 2022
Re: 4.5(a)--Modifications to Bid Schedule No. 5237 Three-Phase, Pad-Type Distribution Transformers Page 2
Background/Analysis
On October 19, 2021, the Council approved award of Bid Schedule No. 5237 to WEG in the amount of $518,783, not including tax (annual evaluated cost of $805,964), as the lowest responsive bidder. Due to fluctuations in costs of raw materials, labor shortages, supply chain issues, and unprecedented inflation, WEG along with other vendors are unable to sustain long term agreements based on PPI increases identified at the time an order is placed (as originally awarded per the Bid specifications).

WEG has proposed using a bi-monthly-end price adjustment policy, effective March 1, 2022.

Pricing will be calculated based on the most current PPI as determined at the time of shipment instead of PPI as determined at the time the order is placed.

REU has issued three purchase orders since this bid was originally awarded; all of which have been received and acknowledged by WEG prior to notification of the pricing policy change, totaling $567,858.73. WEG is unable to hold pricing for the first six months of this contract, as required by the bid specifications. WEG is proposing to split the costs of the 17.6 percent PPI increase realized since July 2021 (the base index identified in the bid) through January 2022, at a share of 50/50 between the City and WEG, resulting in an 8.8 percent increase in costs for the transformers previously ordered. The 8.8 percent cost difference is outlined in the table below.

Purchase Order: Original Cost (including
tax):

Increased Cost (including
tax):

Difference:
113844 $296,935.57 $323,057.38 $26,121.81
113971 $192,980.29 $209,956.89 $16,976.60
114178 $77,942.87 $84,800.43 $6,857.56
Total: $567,858.73 $617,814.70 $49,955.97
Council Priority/City Manager Goals
This agenda item is a routine operational item.

Attachments
Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, 2021
Packet Pg. 43
Packet Pg. 44
Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 45
Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 46
Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 47
Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 48
Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 49
Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19,

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager, or designee, to execute the Fifth Amendment (Change Order No. 3) to the Professional Services Agreement (C-6277) with Itron, Inc.; and authorize the City Manager, or designee, to execute future Change Orders to the Professional Services Agreement (C-6277) with Itron, Inc.

Fiscal Impact
The Fifth Amendment (Change Order No. 3) will incorporate additional detail needed for the completion of the Redding Electric Utility’s (REU) Integrated Resource Plan (IRP) and will increase the expenditures by $13,750 for Fiscal Year 2022 - 23. Funds are available in REU’s budget for 2024 IRP activities.

Alternative Action
The City Council could decline to authorize the City Manager, or designee, to execute the Fifth Amendment to the Professional Services Agreement with Itron, Inc., (Itron) and provide alternative direction to staff.

Background/Analysis
REU is currently developing a five-year update to its IRP, originally filed in 2019, as required by the California Energy Commission (CEC). Among the many subjects required in the IRP, the CEC requires utilities to address current and future building and transportation electrification plans and activities. To better understand the impacts of electrification on the utility, and to inform the IRP, REU has contracted with Dunsky Energy + Climate Advisors (Dunsky) for the completion of a comprehensive Building and Transportation Electrification Forecast (Electrification Forecast) assessing the impacts of electrification on REU’s load and resources.

MEETING DATE: May 17, 2022
ITEM NO. 4.5(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Agreement Nick Zettel, Interim Director
of Redding Electric Utility
Packet Pg. 50
Report to Redding City Council May 10, 2022
Re: 4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Agreement Page 2 The Electrification Forecast is currently being developed and is expected to be completed in June 2022.

Once the Electrification Forecast is completed, the results will need to be incorporated into REU’s existing Load Forecast, which is currently managed by Itron, and updated annually in February. The development of the IRP is reliant upon the results of the Electrification Forecast.

To meet the milestone targets for timely completion of the IRP, a mid-term update to incorporate the findings into the existing annual Load Forecast is necessary.

With this proposed Change Order No. 3, Itron will provide Redding with a comprehensive midterm update to the Load Forecast, inclusive of the Electrification Forecast provided by Dunsky.

Integrating the building and transportation electrification impacts into the existing Load Forecast is critical to comprehending the overarching impacts of electrification and ensuring REU has adequate resources and electrical infrastructure needed to support the growing demand.

Council Priority/City Manager Goals
• This is a routine operational agenda item.

Attachments
Fifth Amendment to Agreement with Itron, Inc. - Change Order No. 3 (C-6277) Consulting Agreement with Amendment Nos. 1-4 (C-6277)
Packet Pg. 51
Packet Pg. 52
Attachment: Fifth Amendment to Agreement with Itron, Inc. - Change Order No. 3 (C-6277) [Revision 1] (4.5(b)--Approve Fifth Amendment to Packet Pg. 53
Attachment: Fifth Amendment to Agreement with Itron, Inc. - Change Order No. 3 (C-6277) [Revision 1] (4.5(b)--Approve Fifth Amendment to ofRo
CITY OF ` DDiNC,
rf ; 4 °
e
e-` OFFICE OF THE CITY CLERK
tIp.0P` 777 Cypress Avenue, Redding, CA 96001
P.O. Box 496071, Redding, CA 96049- 6071
530. 225. 4447 FAX 530.225. 4463
Pamela Mize, City Clerk
Teresa Rudolph, Assistant City Clerk
November 19, 2014
Itron, Inc.

Attn: Shannon Ashburn
12348 High Bluff Drive# 210
San Diego, CA 92130
SUBJECT: Itron Professional Services Agreement, C- 6277 Dear Ms. Ashburn:

Enclosed is a fully executed original of the above subject Agreement by and between the City of Redding and Itron, Inc., regarding load forecasting services for Redding Electric Utility.

If you have any questions regarding this matter, or if we can be of assistance, please contact the Office ofthe City Clerk at( 530) 225- 4439.

Sincerely,

PAMELA MIZE
City Clerk
By:

Marge Al. S r•
c
6,-11
Execu Assis ant I
Enclosure
c: Mark Haddad, Redding Electric Utility
Packet Pg. 54
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services

ITRON PROFESSIONAL SERVICES AGREEMENT
This Itron Professional Services Agreement( the" Agreement")is entered into as of November 11, 2014 ( the" Effective Date") by and between Itron, Inc. Citron") and City of Redding (" Customer"). Itron and Customer may each be referred to as a" Party" and together as the" Parties."
The Parties agree as follows:

1. Professional Services Terms
a. Definitions.

Change Order" means a written confirmation of a change in the Professional Services, Deliverables or cost thereof that is executed by both Parties.

Deliverable" means any software, reports, results, studies or other documentation identified as a" Deliverable" to be provided by Itron in a SOW.

Professional Services" means the services to be provided by Itron pursuant to a SOW.

SOW' means a written statement of work describing the activities, tasks and responsibilities of Itron and Customer that references this Agreement and is executed by authorized representatives of the Parties. b. Purchase of Professional Services; License.

During the term of this Agreement, Itron will make commercially reasonable efforts to provide to Customer the Professional Services and Deliverables, if any, described in the applicable SOW within the time periods set forth in such SOW. Changes to the Professional Services or Deliverables may only be made through a Change Order. Itron hereby grants to Customer a non- exclusive, perpetual license to use the Deliverables solely for Customer's internal purposes. c. Fees and Expenses.

Customer agrees to pay for Professional Services in the manner and at the rates set forth in the applicable SOW ( e.g., on a time and materials basis or on a fixed-fee basis). Itron reserves the right to adjust rates for Professional Services performed on a time-andmaterials basis no more than once each year. Customer shall also reimburse Itron for reasonable and documented travel, lodging and related expenses incurred in connection with the Professional Services. d. Invoicing.

Professional Services will be performed either on a time-and- materials basis or a fixed-fee basis, as set forth in the applicable SOW.

Professional Services performed on a time and materials basis will be invoiced at the end of the calendar month in which they are performed. Professional Services that are performed on a fixed fee basis will be invoiced as set forth on the applicable SOW or, if not set forth on a SOW, upon completion.
e. Limited Professional Services Warranty.

Itron warrants to Customer that it shall perform the Professional Services with reasonable care and in a diligent and competent manner.

Itron' s sole obligation and Customer's exclusive remedy in connection with a breach of the foregoing warranty shall be to correct or reperform the non- conforming Professional Services. If Itron, in its sole discretion, is unable to correct or re- perform non- conforming Professional Services, its sole obligation will be to refund to Customer the amount paid for such Professional Services. Customer must report any deficiencies in the Professional Services to Itron in writing within 60 days of performance to receive the warranty remedies described herein.
f. Access to Facilities and Personnel.

Customer agrees to provide Itron with access to its facilities and personnel as reasonably required for Itron to provide the Professional Services and Deliverables. All employees and representatives of Itron that perform Professional Services on Customer's premises shall comply with reasonable guidelines pertaining to employee conduct, including Customer safety procedures and policies, provided to Itron by Customer. Neither Party shall require releases or waivers of any personal rights from representatives of the other in connection with visits to its premises, and the Parties agree not to plead any such releases or waivers in any action or proceeding. g. Insurance.

During the term of this Agreement, Itron will maintain the following minimum levels of insurance( i) workers' compensation insurance for Itron employees equal to applicable statutory limits and an employer's liability policy in an amount not less than $ 1, 000,000.00; ( ii) an occurrence form commercial general liability policy or policies in an amount not less than$ 1, 000, 000 per occurrence and$ 2, 000,000.00 aggregate; ( iii) an automobile liability policy or policies in an amount not less than $ 1, 000,000.00 combined single limit; and ( iv) a professional liability policy or policies insuring against liability for errors and omissions covering professional activities contemplated under the Agreement in an amount not less than $ 1, 000,000.00. Upon written request, Itron will provide Certificates of Insurance evidencing the coverage described in this Section.

2. Payment Terms and Taxes.

For invoices not paid within 30 days of the invoice date, in addition to other remedies to which Itron may be entitled, Itron may charge Customer a late fee of one percent per month applied against overdue amounts. Customer shall also be responsible for collection costs associated with late payment, if any, including reasonable attorneys' fees. No endorsement or statement on any check or payment or in any letter accompanying a check or payment or elsewhere shall be construed as an accord or satisfaction. Customer shall pay all amounts owing under this Agreement in U. S. Dollars. The prices do not include taxes. Customer will be responsible for and pay all applicable sales, use, excise, value- added and other taxes associated with the provision of products or services by Itron, excluding taxes on Itron' s income generally. If Customer is a tax exempt entity, or pays taxes directly to the state, Customer will ( provide Itron with a copy of its Tax Exemption Certificate or Direct Pay Permit, as applicable, upon execution of this Agreement.

Packet Pg. 55
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services

3. Changes.

Changes to the products or services ordered by Customer pursuant to this Agreement, including the purchase of additional quantities or entirely new products or services, may be made at Itron' s then- current pricing by purchase order or Change Order( in a form acceptable to Itron), provided that any such purchase order must first be accepted by Itron.

4. Confidentiality.

With respect to any information supplied in connection with this Agreement and designated by either Party as confidential, or which the recipient should reasonably believe to be confidential based on its subject matter or the circumstances, the recipient agrees to protect the confidential information in a reasonable and appropriate manner, and to use and reproduce the confidential information only as necessary to realize the benefits of or perform its obligations under this Agreement and for no other purpose. The obligations in this Section will not apply to information that is: ( i) publicly known; ( ii) already known to the recipient; (iii) lawfully disclosed by a third party; iv) independently developed; or ( v) disclosed pursuant to a legal requirement or order. The recipient may disclose the confidential information on a need-to- know basis to its contractor's, agents and affiliates who agree to confidentiality and non- use terms that are substantially similar to these terms. The parties acknowledge and agree that any software provided by Itron in connection with this Agreement shall be considered the confidential information of Itron.

5. IP Ownership.

Between Itron and Customer, all patents, copyrights, mask works, trade secrets, trademarks and other proprietary rights in or related to any product, software or deliverable provided by Itron pursuant to this Agreement are and will remain the exclusive property of Itron.

Any modification or improvement to an Itron product or deliverable that is based on Customer's feedback shall be the exclusive property of Itron. Customer will not take any action that jeopardizes Itron' s proprietary rights nor will it acquire any right in any such product, software or deliverable or Itron' s confidential information other than rights granted in this Agreement.

6. Indemnification
a. General Indemnity.

Itron will defend Customer from any third party claim for( i) wrongful death of or bodily injury, to the extent caused by Itron' s negligence or intentional torts, or( ii) physical damage to tangible personal property, to the extent caused by Itron's negligence or intentional torts, and will pay costs and damages awarded against Customer in any such claim that are specifically attributable to Itron' s negligence or intentional torts or those costs and damages agreed to by Itron in a monetary settlement of such claim. b. Infringement Indemnity.

Itron will defend at its own expense any action brought against Customer by an unaffiliated third party to the extent that the action is based upon a claim that any product manufactured, software licensed or service provided by Itron hereunder directly infringes any U. S. patent ( issued as of the Effective Date) or any copyright or trademark, and Itron will pay those costs and damages awarded against Customer in any such action that are specifically attributable to such claim or those costs and damages agreed to by Itron in a monetary settlement of such action. The foregoing indemnity does not apply to products not manufactured by Itron or software licensed by third parties.
c. Conditions to Infringement Indemnity.

Itron's infringement indemnity obligations under this Section are conditioned on Customer's agreement that if the applicable product or service becomes, or in Itron's opinion is likely to become, the subject of such a claim, Customer will permit Itron, at Itron' s option and expense, either to procure the right for Customer to continue using the affected product or service or to replace or modify the same so that it becomes non- infringing. Such replacements or modifications will be functionally equivalent to the replaced product or service. If the foregoing alternatives are not available on terms that are reasonable in Itron' s judgment, Itron shall have the right to require Customer to cease using the affected product or service in which case Itron will refund to Customer the depreciated value of the affected product or service;
d. Exclusions.

Itron shall have no obligation under this Agreement to the extent any claim of infringement or misappropriation results from: ( i) use of a product or service, other than as permitted under this Agreement or as intended by Itron, if the infringement would not have occurred but for such use; ( ii) use of any product or service in combination with any other product, equipment, software or data, if the infringement would not have occurred but for such combination; ( iii) any use of any release of a software or any firmware other than the most current release made available to Customer, ( iv) any claim based on Customer's use of a product after Itron has informed Customer of modifications or changes to the product required to avoid such claims and offered to implement those modification or changes, if such claim would have been avoided or mitigated by the implementation of Itron' s suggestions, ( v) any modification to a product made by a person other than Itron or an authorized representative of Itron, or ( vi) compliance by Itron with specifications or instructions supplied by Customer. Itron shall not be liable hereunder for enhanced or punitive damages that could have been avoided or reduced by actions within the control of Customer.
e. Right to Defend.

As a condition to Itron' s indemnity obligations under this Agreement, Customer will provide Itron with prompt written notice of the claim, permit Itron to control the defense or settlement of the claim and provide Itron with reasonable assistance in connection with such defense or settlement. Customer may employ counsel at its own expense to assist it with respect to any such claim. f. Indemnity Disclaimer

THIS SECTION CONSTITUTES ITRON' S SOLE AND EXCLUSIVE OBLIGATION WITH RESPECT TO THIRD PARTY CLAIMS BROUGHT AGAINST CUSTOMER.
2 Packet Pg. 56
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services

7. Warranty Disclaimer.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ITRON DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,

CONDITIONS OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, ( I) IMPLIED WARRANTIES OF MERCHANTABILITY

OR FITNESS FOR A PARTICULAR PURPOSE, ( II) WARRANTIES OF TITLE AND AGAINST INFRINGEMENT AND ( III) WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD.

8. WAIVER OF CONSEQUENTIAL DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE

UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR COVER OR FOR

INCIDENTAL, SPECIAL, CONSEQUENTIAL ( INCLUDING LOSS OR CORRUPTION OF DATA OR LOSS OF REVENUE, SAVINGS OR PROFITS) OR EXEMPLARY DAMAGES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH.

DAMAGES. ITRON'S PRICING REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.

9. CAP ON LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR A BREACH BY CUSTOMER OF ( I)

ANY INTELLECTUAL PROPERTY RIGHT OF ITRON OR ( II) ANY LICENSE GRANTED BY ITRON HEREUNDER, THE

AGGREGATE LIABILITY OF EACH PARTY AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES, ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT—WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY OR OTHERWISE—SHALL NOT EXCEED THE TOTAL AMOUNT PAID AND PAYABLE UNDER THE APPLICABLE SOW. ITRON SHALL NOT BE LIABLE FOR ANY CLAIM MADE THE SUBJECT OF A LEGAL PROCEEDING MORE THAN TWO ( 2) YEARS AFTER THE CAUSE OF ACTION ASSERTED IN SUCH CLAIM AROSE. ITRON' S PRICING REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY. NOTWITHSTANDING THE PRECEDING,

THE LIMITATION OF LIABILITY PROVIDED HEREIN SHALL NOT APPLY TO THIRD PARTY CLAIMS OTHERWISE SUBJECT TO THE INDEMNTY OBLIGATION SET FORTH IN SECTION 6.

10. Term and Termination
a. Term ofAgreement.

Unless terminated earlier as provided herein, the term of this Agreement shall be from the Effective Date through December 31st of the year in which any services to be provided hereunder have been provided. The term of this Agreement shall thereafter automatically renew for successive one year periods unless either Party provides the other with written notice of its intent to terminate the Agreement with at least 90 days notice to the the other Party; provided, however, that Customer shall be obligated to purchase and Itron shall be obligated to provide any service that is the subject of an unfulfilled order accepted by Itron prior to the time of any such termination and any reasonable expenses incurred by Itron as a result of such termination. b. Termination for Cause.

Other than Customer's nonpayment which shall constitute a breach of this Agreement if full payment is not received within five( 5) days of written notice, either Party may terminate this Agreement by providing the other Party with written notice if the other Party ( i) becomes insolvent, executes a general assignment for the benefit of creditors or becomes subject to bankruptcy or receivership proceedings; ( ii) breaches its obligations related to the other Party's confidential information; or( iii) commits a material breach of this Agreement that remains uncured for 30 days following delivery of written notice of such breach ( including, but not necessarily limited to, a statement of the facts relating to the breach or default, the provisions of this Agreement that are in breach or default and the action required to cure the breach or default).
c. Survival.

Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement shall survive termination or expiration and continue in full force and effect for the period so contemplated including, but not limited to, provisions relating to warranties and warranty disclaimers, intellectual property ownership, payment terms, confidentiality, waiver of consequential damages, and cap on liability.

11. Miscellaneous
a. Entire Agreement.

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersede all previous agreements pertaining to such subject matter. All prior agreements, representations, warranties, statements, negotiations, understandings, and undertakings are superseded hereby and Customer represents and acknowledges that it has not relied on any representation or warranty other than those explicitly set forth in this Agreement in connection with its execution of this Agreement.

Neither Party shall be boundby terms and conditions imprinted on or embedded in purchase orders, order acknowledgments, statements of work not attached hereto or other communications between the Parties subsequent to the execution of this Agreement. b. Amendments and Waivers.

Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived ( either generally or in a particular instance and either retroactively or prospectively), only by a writing signed by an authorized representative of each Party and declared to be an amendment hereto. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.
3 Packet Pg. 57
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services c. Governing Law; Jury Trial.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Washington without reference to Washington conflicts of law principles or the United Nations Convention on Contracts for the Sale of Goods. THE

PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT.
d. Assignment.

Customer may not assign or transfer its interests, rights or obligations under this Agreement by written agreement, merger, consolidation, operation of law or otherwise without the prior written consent of an authorized executive officer of Itron. Any attempt to assign this Agreement by Customer shall be null and void. For purposes of this Agreement, the acquisition of an equity interest in Customer of greater than 25 percent by any third party shall be considered an assignment. e. Publicity.

Unless otherwise provided in a separate confidentiality agreement between the Parties, each Party may issue a press release following the execution of this Agreement, subject to the other Party's written approval, which shall not be unreasonably withheld. Each Party hereby consents to the other Party's use of its name, URL and logo on its website and in its customer and partner lists for corporate and financial presentations.
f. Force Majeure.

Except for monetary obligations hereunder, neither Party will be responsible for any failure or delay in performing any obligation hereunder if such failure or delay is due to a cause beyond the Party's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, terrorist threats or actions, third- party suppliers, labor disputes or governmental acts. g. Notices.

Any notice required or permitted under this Agreement or required by law must be in writing and must be delivered in person, by facsimile, by certified mail ( return receipt requested), or by a nationally recognized overnight service with all freight charges prepaid, to the address set forth below. Notices will be deemed to have been given at the time of actual delivery, if in person, or upon receipt( as evidenced by facsimile confirmation, return receipt or overnight delivery verification). Either Party may change its address for notices by written notice to the other Party in accordance with this Section.

Itron: Attn: General Counsel Customer: Ci o-f
Itron, Inc. 44_,g; 4/ 4.4 /1-76,4
j
2111 North Molter Road
7 7 Liberty Lake, WA 99019
r s
h. Miscellaneous.

G /
Headings used in this Agreement are intended for convenience or reference only and will not control or affect the meaning or construction of any provision of this Agreement. If any provision in this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired thereby and such provision shall be interpreted so as to best accomplish the intent of the Parties within the limits of applicable law. Any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement shall not apply to the terms and conditions of this Agreement. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered will be deemed an original, and all of which together shall constitute one and the same agreement. Itron shall perform all work to be performed in connection with this Agreement as an independent contractor and not as the agent or employee of Customer. All persons furnished by Itron shall be for all purposes solely Itron' s employees or agents and shall not be deemed to be employees of Customer for any purpose whatsoever. This Agreement is entered into only for the benefit of Customer and Itron. No other person or entity shall have the right to make any claim or assert any right hereunder, and no other person or entity shall be deemed a beneficiary of this Agreement.

Signature Page Follows]
4 Packet Pg. 58
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Agreed to and accepted:

CUSTOMER 7 CITY OF REDDING ITRON, a
Signature: .( / f. c Signature: 0 (_- t - ‘7"---)//

RICHARD CHRISTENSEN
Print Name: Barry eppin Print Name: Vice President, Global Financial Planning and Analysis
Title: Director- Redding Electric Utility Title: Ikon. Inc.

Date: /// gXc Date: I i) 1, 114
Tax Exempt: Yes/ No( if yes, attach copy of Tax Exemption Certificate) 1 off 1
SMc &
PAMELA 1 , titg
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CITY OF REDDING
Signature:
ief4PPrint Name: Rod Dinger
Title: Support Services Director
Date: if-f /il
Signature Page to Sales Agreement]
8 Packet Pg. 59
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services I,,
Statement ofWork

TECHNICAL FORECAST/ ANALYTIC CONSULTING
SERVICES.

City of Redding, California
Author Andy Sukenik
Date: 11- 3-14
Version: 1. 1
Itron, Inc.

USA
www.itron. com
Packet Pg. 60
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services ti4 Ufa
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This Statement of Work(" SOW') document defines the activities(" Services") to be performed by Itron, Inc.(" Itron") for City of Redding, California(" Customer" or" REU') for Technical Forecast/Analytic Consulting(" Project'). This SOW is entered into as of this 31st
day of October, 2014(" Effective Date")
and is governed by the terms and conditions of the Professional Services Agreement(" Agreement') dated MMif Sfr r' by and between Customer and Itron.
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By signing this SOW, Customer engages Itron to provide the following Services and Deliverables related to the Project: Further details regarding the Services are provided in Section C of Itron's Technical Forecast/Analytic Consulting Services for the Electricity Utility Department proposal, submitted September 29, 2014.

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4 Confidential Page 2 of
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services brae
t
Services Provided ' DescriptionlCorriments"` Deliverables Load and Revenue Model Database 2. The Load and Revenue Model Itron will convert Customer's current load and
Database, which will be stored in a
revenue models from EViews to MetrixND files. MetrixND project file. Data from the Itron will extract and organize the data in either
Load and Revenue Database
Microsoft Excel or Microsoft Access databases, ( includes class sales, class revenue, except for the customer-level data, which will be actual and normal weather, and stored in SAS data sets. Once the data is economic data) can be provided in imported into MetrixND and MetrixLT, the data Microsoft Excel spreadsheets at no can will be inspected graphically, and
additional cost at the request of
transformed as needed for modeling purposes.

Customer.

Itron will incorporate the following data into the
load and revenue models. These data will be
supplied to Itron by REU.

REU Meter Read Schedule( Historical
and Forecasted)
Weather Data Processing: Itron will compute
actual and normal heating and cooling degreeday variables on a cycle and calendar month basis. These calculations will be performed in
Itron's MetrixLT software.

Economic Data Processing: Itron will evaluate
existing approach for developing an economic
forecast. Itron will generate the economic
forecast by updating and/or modifying the
existing approach. The forecasts will include
local area economic data including employment,
building permits, and price indices. Itron will
store the economic data in Microsoft Excel
spreadsheets and managed in the MetrixND
project file.

Model and Forecast Updates Population Model The following forecast outputs will be Itron will re-estimate and/or replace Customer's
delivered in Microsoft Excel
existing population model and update the 20- spreadsheets. year population forecast. Itron expects the 3. 20-year population forecast update will incorporate historical estimates of
population, net population migration, and natural
increase( births— deaths).

Itron will evaluate the existing model. If
available, Itron will evaluate the relative accuracy
of historical population forecast vintages.

Depending on the outcome of the model
evaluation and data availability, Itron may
evaluate and/or incorporate alternative
approaches.

Load and Revenue Models
4a. 20-year customer forecast by rate
Itron will re-estimate and/or modify the monthly class
REU load and revenue model and update the
4b. 20-year forecast of rate class
associated 20-year forecasts.
sales
4c. 20-year forecast of rate class
Monthly Customers by Rate Class:

Confidential Page 3 of 91
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Vtrori
a" - K " . 4:. - ':'' . Ga y.. w . s^ E`
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Comments
w ' 3. M f © elrverablesy
Itron will re-estimate and/or modify the revenues
customer models for each of the five
5) REU rate classes
Monthly Sales by Rate Class: Itron will
re-estimate and/or modify the sales
models for each of the five( 5) REU
rate classes. The forecast models will
be used to generate a 20-year forecast
of rate class sales.

Residential Model
Through evaluation of the existing models, 4d. Residential Sales and Revenue discussions with Customer' s current consultant, model output evaluation of data availability, and statistical
analysis, Itron will re-estimate and/ or modify the
residential model or models that will be used to
perform a 20-year-ahead forecast.

Non- Residential Model
Through evaluation of the existing models, 4e. Non- Residential Sales model discussions with Customer' s current consultant, output evaluation of data availability, and statistical
analysis, Itron will re-estimate and/or modify the
non-residential model or models that will be used
to perform a 20-year-ahead forecast.

Monthly Revenue by Rate Class -
Itron will re- estimate and/or modify the revenue
4f. Class Revenue model output
models for each of the five( 5) REU rate classes.

The forecast models will be used to generate a
20-year forecast of rate class sales.

Monthly System Load
Itron will re-estimate and/or modify the REU 5a. 20-year forecast of monthly monthly system load model. The monthly system energy
system load model will be used to generate a
5b. System Energy model output
20-year forecast of monthly system energy and
monthly peaks.

REU Peak Demand Model
Itron will re-estimate and/or modify the REU
monthly peak demand model. The monthly 6a. 20-year forecast of monthly peak demand model will be used to generate a
system peaks
20-year forecast. 6b. System Peak model output
Special Load and Revenue Itron will design and implement up to six( 6) 7. Microsoft Excel Report containing Simulations special load and revenue model simulation alternative scenario forecast results. studies in the first calendar year. Itron expects
this will include mild and severe weather
scenarios, as well as, alternative rate structures.

Monthly Model Performance Each month Itron will simulate the system energy 8. Monthly Variance Report in Monitoring and rate class sales and revenue models using Microsoft Excel spreadsheet. actual values for weather and other exogenous
variables. The objective of this analysis is to
Confidential Page 4 of d,
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services s ` a
Services Provided ,,, - Descnption/Comments irt' Deliverables 427- P assess the weather adjusted forecast accuracy
of the model' s structure with the understanding
that the results are incorporated into reports for
senior management.

On-Going Forecast/Analytic Itron will provide on-going forecasting/ analytic 9. Varies depending upon request.

Support for Budget Process support during the budgeting process. Itron expects this may include forecast vs. forecast
comparisons and presentation of the budget
forecast to REU senior management. Itron
proposes to provide within- year model and
forecast updates as may be required by
standards of accuracy.

Other Special Studies and Itron will provide ad- hoc services upon request 10. Varies depending upon request.

Analytic Support which may include, but are not limited to comparative rate analysis, rate design, and REU
customer database queries. These requests
would be above and beyond those envisioned in
the items above and would be agreed to by both
parties prior to the work being done.

These services are capped at 50 hours per
calendar year. If additional hours are required
by Customer, services will be provided at the
hourly rate specified in the Fees section of this
SOW.

C.1. Project Schedule
The Project schedule is dependent on resource availability after the signed SOW is received by Itron and fully executed. The Project schedule will be defined during the Project Kick-Off meeting as well as roles and responsibilities of the entire project team.

Work is anticipated during working hours Monday— Friday. No after hours, weekend, or holiday hours work is anticipated. Additional hours for this project( outside the planned hours of the project) may be available to Customer and may be billed at an over-time rate to be determined based on the Project service work required and will require a Change Order.

The Project covers four( 4) forecast cycles. The following table shows the Project tasks and the estimated start and completion dates for each forecast cycle. Project Schedule dates will be adjusted based on the actual start date, but are always dependent on full availability from Customer resources.

Ifem Sernce
L,
y

2. x
ql4
r
v StartiDate v ComPletetion°Date
4 1 Customer Database Conversion( SAS) November 17, 2014 January 15, 2015 2 Load and Revenue Model Database Data December 1, 2014 February 2, 2015 December 1, 2015 February 2, 2016
December 1, 2016 February 2, 2017
December 1, 2017 February 2, 2018
3 Population Forecast December 1, 2014 February 2, 2015 December 1, 2015 February 2, 2016
December 1, 2016 February 2, 2017
December 1, 2017. February 2, 2018
4 Load, Customers, Sales& Revenue Forecasts December 1, 2014 March 2, 2015 December 1, 2015 March 2, 2016
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Item Semceg3, a , x
t ,«
4 StartDate. CornptefionDate
December 1, 2016 March 2, 2017
December 1, 2017 March 2, 2018
5 Monthly System Energy Forecast December 1, 2014 March 2, 2015 December 1, 2015 March 2, 2016
December 1, 2016 March 2, 2017
December 1, 2017 March 2, 2018
6 Peak Demand Forecast December 1, 2014 March 2, 2015
December 1, 2015 March 2, 2016
December 1, 2016 March 2, 2017
December 1, 2017 March 2, 2018
7 Special Load and Revenue Simulations As needed
8 Monthly Variance Report 2nd week of the
subsequent
month beginning
May 2015
9 Ongoing Support As needed
10 Other Special Studies As needed
C2. Assumptions
This section provides the key assumptions for the Project.

1. Customer will furnish all facilities and related services at Customer's site that are required by Itron personnel engaged to perform the Services under this SOW.

2. Customer will appoint a technically qualified Project Manager who will be the key point of contact for Itron related to the Services provided under this SOW.

3. This contract will end December 31, 2018. Extension of contract on an annual basis after this date will be considered.

4. If Itron decides to procure economic forecasts in lieu of updating Customer's current economic forecast, Itron will pay for the third-party forecasts.

5. If Customer chooses to join Itron' s Energy Forecasting Group( EFG) during the Project, EFG Membership would be covered under a separate Membership Agreement.

6. If Customer chooses to license Itron' s forecasting software MetrixND during this Project, licensing would be covered under a separate Annual Term Software License and Maintenance Agreement.

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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services k' wg Selrride tees 8 RelatOlDetalls
Total fees for the Project are estimated/ calculated to be$ 226,000( USD) on fixed fee basis. The hourly rates for services exceeding 50 hours per year for the Other Special Studies and Analytic Support task are shown below.

Name Title Rate
Dr. J. Stuart McMenamin Senior Economist 300
Andy Sukenik Principal Consultant 200
Mark Quan Principal Consultant 200
Dr. Molly Du Senior Consultant 175
These fees are based upon Itron' s recommended engagement approach, staffing levels, scope of the Project and Project Schedules as outlined in this SOW. Modifications to any of these factors will result in changes to the estimated fees. Any changes that affect Itron' s engagement approach, staffing levels, scope of the Project and Project Schedules will follow the Change Control Process described in this SOW.

Itron will invoice Customer as specified in the table below for Services performed and for costs incurred. If at any point, there is reason to believe that this amount will be exceeded; Itron will immediately notify Customer as to the changes in the estimate and issue a Change Order, which will be approved by Customer. Customer shall pay all taxes, if any, due for Services provided by Itron to Customer under this SOW.

Calendar Year Fee Due Date
2015 30,000 Dec. 31, 2014
2015 40,480 Acceptance of
items 4, 5,
and 6 in the
Project
Schedule
2015 15,000 Oct 31, 2015
2016 15,000 Jan. 31, 2016
2016 25,000 Acceptance of
items 4, 5,
and 6 in the
Project
Schedule
2016 6,840 Oct 31, 2016
2017 15,000 Jan. 31, 2017
2017 25,000 Acceptance of
items 4, 5,
and 6 in the
Project
Schedule
2017 6,840 Oct 31, 2017
2018 15,000 Jan. 31, 2018
2018 25,000 Acceptance of
items 4, 5,
and 6 in the
Project
Schedule
2018 6,840 Oct 31, 2018
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Nom...:.. I
Travel and related expenses are not included in the cost estimates. Actual, reasonable travel and related expenses will be billed directly to Customer on a monthly basis and amounts must be approved in advance by Customer. Note: Itron commits to minimizing its expenses wherever possible by taking advantage of advance purchase discounts and corporate travel arrangements.

S i
ChangePControProcess
4 : _
An Itron Change Order Form(" Change Order") will be used for communicating changes to this SOW.

The Change Order must describe the change requested, the rationale for the change, the estimated price and the effect the change will have on the overall Project. All Change Orders must be approved and signed by Customer and Itron.
5 e
7; qe 4 g r(3" tt' wr
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Contact and BillingInformation r ° q
k
r
Requesttl 4, ; 04. o
Customer Data-i ^ S,
Z$ 4 V"0
o 4 4
Contact Name Mark Haddad
Contact Phone#( s) 530-339-7383
Contact Email Address [email protected]
Physical Location Address( if applicable) 777 Cypress Ave, Redding, CA 96001 Billing Address( if different from above) Same
Special Billing Requirements? Need W-9
Purchase Order# Contract# will be assigned and must be included on Invoice Confidential Page 8 of9
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services G Statement`ofWork Agreement Approval
w
Customer and Itron agree to the terms of this SOW and by signing below, Customer authorizes Itron to perform the Services detailed herein.

Customer Ifron, Inc.

Authorized Signature / Authorized Signature
Printed Name Printed Name
Mark Haddad RICHARD CHRISTENSEN
Vice President, Global Financial
Planning and Analysts Title Title
Itron, Inc.

Financial Manager
Date Date
1), Z114
Statement of Work Identifier: Technical Forecast/Analytic Consulting Services City of Redding, California
SOW Author: Andy Sukenik
Date Created: 11/ 3/ 14
Version: 1. 1
Please e-mail or fax a PDF file of the signed SOW to the contact below. E- mailing or faxing only the signature page is acceptable. A fully executed copy will be returned to you electronically in PDF format by e- mail.

If an original signed paper agreement is required, please mail the signed SOW to the address below. If mail is used, overnight service is recommended. Please provide a tracking number to Shannon Ashbum.

A fully executed copy will be returned to you electronically in PDF format by e-mail and the original signed paper copy will be returned by mail.

Itron, Inc.
12348 High Bluff Drive# 210
San Diego, CA 92130
Attn: Shannon Ashburn
Fax: 858-724-2690 or pdf and email to shannon.ashburn(cr itron.com.

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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services CITY 0 F CITY OF REDDING
REDDINGi
777 CYPRESS AVENUE, REDDING, CA 96001
CALIFORNIA P.O. Box 496071, REDDING, CA 96049- 6071

OFFICE OF THE CITY CLERK

PAMELA MIZE, CITY CLERK

SARAH SHEETZ, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
December 13, 2017
Itron, Inc.

Attn: Contract Administration
2111 N. Molter Road
Liberty Lake, WA 99019
SUBJECT: Itron Professional Services Agreement— Statement of Work, C-6277 Dear Ladies and Gentlemen:

Enclosed is a fully executed original of the above subject Agreement between the City of Redding and Itron, Inc., regarding load forecasting services for Redding Electric Utility.

If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4439.

Sincerely,
C53,CZ—S
Anette Cates
Executive Assistant
Enclosure
c: Lowell Watros/ REU-Resources
Finance
Packet Pg. 69
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Statement ofWork

ENERGY EFFICIENCY FORECAST EVALUATION
Redding Electric Utility
Author. Andy Sukenik
Date: 11/ 14/2017
Version: 1. 6
Itron, Inc.

USA
www.itron.com
0N
p
4)
Packet Pg. 70
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services iru
Date Author Version Change Reference
8/ 10/ 2017 Andy Sukenik 1. 0 j Date Created
8/ 30/2017 Andy Sukenik 1. 1 Modified scope and fees
9/ 1/ 2017 Shannon Ashburn 1. 2 Changed governing terms to 2014 PSA 10/ 5/2017 Andy Sukenik 1. 3 Modified scope
10/ 20/2017 Andy Sukenik, 1. 4 Modified scope
David Simons
11/ 13/ 2017 Andy Sukenik 1. 5 Updated Timeline
11/ 14/ 2017 Shannon Ashburn 1. 6 Removed Attachment A
This Statement of Work (" SOW') document defines the activities (" Services") to be performed by Itron, Inc.

Itron") for Redding Electric Utility(" Customer") for the Energy Efficiency Forecast Evaluation (" Project"). This SOW is entered into as of this 141h day of November, 2017(" Effective Date") and is governed by the terms and conditions of the Professional Services Agreement(" Agreement') dated 11/ 11/ 2014 by and between Customer and Itron.

By signing this SOW, Customer engages Itron to provide the following Services and Deliverables related to the Project:

Services Provided Description/Comments Deliverables
Solar PV Integration Itron will compare the Navigant Potential Study Solar Microsoft Excel files PV Forecast with the Solar PV Forecasts used to set containing the resulting the 2017 REU Forecast. This will include a forecast inputs. comparison of INV Installed Capacity and Expected
Solar PV Output measured in KWh.

Packet Pg. 71
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Won
Services Provided Description/Comments Deliverables
Electric Vehicle Integration Itron will compare the Navigant Potential Study Microsoft Excel file Electric Vehicle Forecast with the EV Forecast used containing the resulting to set the 2017 REU Forecast. This will include a forecast inputs. comparison of the# of Electric Cars as well as KWh
consumption.

Evaluate Residential Energy Itron will execute the following steps: Microsoft Excel file Efficiency Forecast summarizing the analysis.
a. Estimate Monthly Residential Sales using
Statistically Adjusted End- Use( SAE) model.

The SAE modeling framework incorporates
structured variables that combines components
from pure econometric and end- use models. This
framework utilizes economic drivers( e. g., prices,
household size, real income) and Residential EndUse inputs( e.g., central air-conditioning saturation, central air-conditioning efficiency)
along with weather response functions to explain
the variation in Monthly Residential Sales. In this
step, Itron will employ Regional Efficiency data
into the Residential End- Use inputs used in the
model.
b. Run Residential SAE model simulation with
Frozen Efficiency( i. e., constant efficiency).

This means Itron will take the Residential SAE
model in Step A and hold the efficiency data
constant at the Base Year level ( as defined by the
Potential Study) throughout the forecast period.

Therefore, the model uses the same structured
variables, but the efficiency data flowing into the
model will be held constant. The result is a
forecast scenario which assumes no efficiency
gain occurs.
c. Compute Cumulative Residential SAE
Efficiency Savings with respect to the
Navigant Potential Study Base Year. In this
step, Itron will take the monthly sales forecast
results from Step A, which are generated from
floating efficiency data, and the results from Step
B, which are generated from constant efficiency
data, and compute the delta between the two sets
of results. This will be used to compute the
Cumulative Residential SAE Efficiency Savings
over the forecast period.
d. Extract Cumulative Residential Efficiency
Savings, based on the Potential Study
including Standards, Naturally Occurring
Market Adoption, Energy Efficiency
Programs). In this step, Itron will gather and
organize the necessary data.
e. Compare the Potential Study Cumulative
Energy Efficiency Savings pulled together in
Step D with the Cumulative Residential SAE
Efficiency Savings computed in Step C.

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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Uro,,
Services Provided Description/Comments Deliverables
Evalutate Commercial Energy Itron will execute the following steps: Microsoft Excel file Efficiency Forecast summarizing the analysis.
a. Estimate Monthly Commercial Sales using
Statistically Adjusted End- Use( SAE) model.

The SAE modeling framework incorporates
structured variables that combine components
from pure econometric and end- use models. This
framework utilizes economic drivers( e. g., prices,
household size, real income) and Commercial
End-Use inputs( e. g., refrigeration saturation,
refrigeration efficiency) along with weather
response functions to help explain the variation in
Monthly Commercial Sales. In this step, Itron will
employ Regional Efficiency data into the
Commercial End- Use inputs used in the model.
b. Run Commercial SAE model simulation with
Frozen Efficiency,( i. e., constant efficiency).

This means Itron will take the Commercial SAE
model in Step A and hold the efficiency data
constant at the Base Year level ( as defined by the
Potential Study) throughout the forecast period.

Therefore, the model uses the same structured
variables, but the efficiency data flowing into the
model will be held constant. The result is a
forecast scenario which assumes no efficiency
gain occurs.
c. Compute Cumulative Commercial SAE
Efficiency Savings with respect to the
Navigant Potential Study Base Year. In this
step, Itron will take the monthly sales forecast
results from Step A, which are generated from
floating efficiency data, and the results from Step
B, which are generated from constant efficiency
data, and compute the delta between the two sets
of results. This will be used to compute the
Cumulative Commercial SAE Efficiency Savings
over the forecast period.
d. Extract Cumulative Commercial Efficiency
Savings, based on the Potential Study
including Standards, Naturally Occurring
Market Adoption, Energy Efficiency
Programs). In this step, Itron will gather and
organize the necessary data.
e. Compare the Potential Study Cumulative
Energy Efficiency Savings pulled together in Step
D with the Cumulative Commercial SAE
Efficiency Savings computed in Step C.

Documentation Itron will provide a 5- 10 page written narrative of Microsoft Word document the process and results. containing the narrative.

Confidential Page 4 of 8
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services C. 1. Project Schedule
The Project schedule is dependent on resource availability after the signed SOW is received by Itron and fully executed.

Work is anticipated during working hours Monday— Friday. No after hours, weekend, or holiday hours work is anticipated. Additional hours for this project ( outside the planned hours of the project) may be available to Customer and may be billed at an over-time rate to be determined based on the Project service work required and will require a Change Order.

The following table shows the Project tasks and the estimated start and completion dates for the SOW. Project Schedule dates will be adjusted based on the actual start date, but are always dependent on full availability from Customer resources. Itron estimates that the Project will be completed in approximately five ( 5) weeks after the start date.

Item Service Est Hours Est Start Est End
1 Solar PV Evaluation 4 12/ 1/ 2017 12/8/2017
2 Electric Vehicle Evaluation 4 12/ 1/ 2017 12/8/2017
3 Residential Energy Efficiency Evaluation 20 12/ 8/2017 1/ 1/ 2018 4 Commercial Energy Efficiency Evaluation 20 12/ 8/2017 1/ 1/ 2018 5 Documentation 20 1/ 1/ 2018 1/ 8/2018
Total Hours 68
C.2. Assumptions
This section provides the key assumptions for the Project.

1. Customer will furnish all facilities and related services at Customer's site that are required by Itron personnel engaged to perform the Services under this SOW.

2. Customer will appoint a technically qualified Project Manager who will be the key point of contact for Itron related to the Services provided under this SOW.

3. The Navigant Potential Study provides a comprehensive quantification of cumulative energy efficiency savings from all sources ( standards, naturally occurring market adoption, and state, local, and utility funded programs) with respect to base year levels for Residential and Non- Residential sectors. Should the Potential Study not contain the above information, the estimated fees may require an increase.

Packet Pg. 74
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services D. Service Fees & Related Details
Total fees for the Project are estimated to be$ 17,000( USD) on a time and materials basis. The hourly rates are listed below and the estimated number of hours is 68.

Hourly
Staff Title Rate
Andy Sukenik Principal Consultant 250
David Simons Senior Analyst 200
These fees are based upon Itron' s recommended engagement approach, staffing levels, scope of the Project and Project Schedules as outlined in this SOW. Modifications to any of these factors will result in changes to the estimated fees. Any changes that affect Itron' s engagement approach, staffing levels, scope of the Project and Project Schedules will follow the Change Control Process described in this SOW. For the purposes of expediency, both parties agree that pricing changes not exceeding 10% of the amount quoted above will not require a change order provided that both parties verify in written form ( such as email) that they agree with the additional charges.

Itron will invoice Customer monthly for Services performed and for costs incurred. If at any point, there is reason to believe that this amount will be exceeded; Itron will immediately notify Customer as to the changes in the estimate and issue a Change Order, which will be approved by Customer. Customer shall pay all taxes, if any, due for Services provided by Itron to Customer under this SOW.

Travel and related expenses are not included in the cost estimates. Actual, reasonable travel and related expenses will be billed directly to Customer on a monthly basis. Note: Itron commits to minimizing its expenses wherever possible by taking advantage of advance purchase discounts and corporate travel arrangements.

E. Change Control Process
An Itron Change Order Form (" Change Order") will be used for communicating changes to this SOW. The Change Order must describe the change requested, the rationale for the change, the estimated price and the effect the change will have on the overall Project. All Change Orders must be approved and signed by Customer and Itron.

Packet Pg. 75
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services F. Contact and Billing Information
Requested Customer Data
Contact Name
Contact Phone#( s)
Contact Email Address
Physical Location Address( if applicable)
Billing Address( if different from above)
Special Billing Requirements?
Purchase Order#
Confidential Page
7 of8
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services G. Statement of Work Agreement Approval
Customer and Itron agree to the terms of this SOW and by signing below, Customer authorizes Itron to perform the Services detailed herein.

Customer
j' I
Itron Inc.

Authorized Signature Authorized Signature
2------ 314?Lt,i_.)-te t.t.m.tA:a.du
Printed Name Printed Name
nn '' Ann
Daniel Beans J L i t S N I m t I
Title Title
ikrt&ry r , Ft_n a,ncep
Utility Director
Date Date
i2 - 5 ' 17 11, ? 11
Statement of Work Identifier: Energy Efficiency Forecast Evaluation Redding Electric Utility
SOW Author: Andy Sukenik
Date Created: 11/ 14/2017
Version: 1. 6
Please e- mail or fax a PDF file of the signed SOW to the contact below. E- mailing or faxing only the signature page is acceptable. A fully executed copy will be returned to you electronically in PDF format by e- mail.

If an original signed paper agreement is required, please mail the signed SOW to the address below. If mail is used, overnight service is recommended. Please provide a tracking number to Shannon Ashburn. A fully executed copy will be returned to you electronically in PDF format by e- mail and the original signed paper copy will be returned by mail.

ATTEST
Itron, Inc.
2111 N. Molter Rd. i
J
Liberty Lake, WA 99019 T l'
Attn: Contract Administration PAMELA M n, C: ityrk
email to shannon.ashburnitron.com.

Form Approved
AC . if A-. -../
a- E.DeWalt
City Attorney
Confidential Page 8 of 8
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services

CITYO F CITY OF REDDING
REDDIN 777 CYPRESS AVENUE, REDDING, CA 96001

C A L I I O R N I A
P.O. Box 496071, REDDING, CA 96049- 6071
A

OFFICE OF THE CITY CLERK

PAMELA MIZE, CITY CLERK

SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
January 17, 2019
Itron, Inc
Attn: Contract Administration
2111 N. Molter Road
Liberty Lake, WA 99019
SUBJECT: Itron Professional Services Agreement— Statement of Work—C- 6277 Dear Contract Administrator,
Enclosed is a fully executed original of the above referenced Agreement by and between the City of Redding and Itron, Inc. regarding load forecasting services for Redding Electric Utility.

If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4439.

Sincerely,
Joan Twomey
Executive Assistant
Enclosure
c: Valerie Ibarra, Joe Bowers
Finance
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Statement of Work

TECHNICAL FORECAST AND ANALYTIC CONSULTING

SERVICES
City of Redding, California
Author. Andy Sukenik
Date: 11- 28-18
Version: 1. 0
Itron, Inc.

USA
www.itron.com
9 J1
J
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A. Change Record
Date Author Version Change Reference
11- 28- 18 Andy Sukenik 1. 0 Date Created
B. Introduction
This Statement of Work(" SOW') document defines the activities(" Services") to be performed by Itron, Inc.

Itron") for City of Redding (" Customer) for Technical Forecast and Analytic Consulting Services(" Project').

This SOW is entered into as of this 28th day of November, 2018(" Effective Date") and is governed by the terms and conditions of the Itron Professional Services Agreement(" Agreement') dated 11/ 11/ 14 by and between Customer and Itron.

C. Project Scope
By signing this SOW, Customer engages Itron to provide the following Services and Deliverables related to the Project:

Services Provided Description/Comments Deliverables
Database Updates Customer Database 1. REU customer database Itron will work with Vertex to maintain the formats of converted to SAS the data tables and queries used to meet data
requests, and maintain the existing REU customer
database in SAS.

This effort includes the following:

Maintain the interface which imports the
monthly REU customer data extracts from
the City of Redding's Customer Service
Division into the new customer database.

Maintain aggregation logic within the
customer database to facilitate class-level
roll-ups and other required transformations.

Load and Revenue Model Database 2. The Load and Revenue Itron will extract and organize the data in either Model Database, which will Microsoft Excel or Microsoft Access databases, be stored in a MetrixND except for the customer-level data, which will be project file. Data from the stored in SAS data sets. Once the data is imported Load and Revenue into MetrixND and MetrixLT, the data can will be Database( includes class inspected graphically, and transformed as needed for sales, class revenue, actual modeling purposes.
and normal weather, and
Itron will incorporate the following data into the load economic data) can be and revenue models. These data will be supplied to
provided in Microsoft Excel
Itron by REU. spreadsheets at no additional
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Services Provided Description/Comments Deliverables
cost at the request of
REU Meter Read Schedule( Historical and Customer.

Forecasted)
Weather Data: Itron will compute actual and normal
heating and cooling degree- day variables on a cycle
and calendar month basis. These calculations will be
performed in the Itron MetrixLT software.

Economic Data: Itron will evaluate existing approach
for developing an economic forecast. Itron will
generate the economic forecast by updating and/or
modifying the existing approach. The forecasts will
include local area economic data including
employment, building permits, and price indices.

Itron will store the economic data in Microsoft Excel
spreadsheets and managed in the MetrixND project
file.

Model and Forecast Updates Population Model The following forecast Itron will maintain the existing population model and outputs will be delivered in update the 20- year population forecast. Itron expects Microsoft Excel the update will incorporate historical estimates of spreadsheets. population, net population migration, and natural 3. 20-year population increase( births— deaths). forecast
Load and Revenue Models
Itron will re-estimate the monthly REU load and
revenue model and update the associated 20- year
forecasts.

Monthly Customers by Rate Class: Itron will
re- estimate and/or modify the customer
models for each of the five( 5) REU rate
classes
Monthly Sales by Rate Class: Itron will reestimate and/or modify the sales models for 4a. 20-year customer each of the five( 5) REU rate classes. The forecast by rate class forecast models will be used to generate a 4b. 20-year forecast of rate 20-year forecast of rate class sales. class sales
4c. 20-year forecast of rate
class revenues
Residential Model
Itron will maintain the Residential Statistically 4d. Residential Sales and Adjusted End Use( SAE) model. This includes updating the model with the most recent end use
Revenue model output
saturation and efficiency data for the Pacific Region
which underlies the EIA's most recent Annual Energy
Outlook( AEO) forecast.

Non-Residential Model
Itron will maintain the Non- Residential Statistically
Adjusted End Use( SAE) model. This includes 4e. Non- Residential Sales updating the model with the most recent end use model output saturation and efficiency data for the Pacific Region
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Services Provided Description/Comments Deliverables
which underlies the EIA's most recent Annual Energy
Outlook( AEO) forecast.

Monthly Revenue by Rate Class
Itron will re-estimate and/or modify the revenue
models for each of the five( 5) REU rate classes. 4f. Class Revenue model The forecast models will be used to generate a 20- output year forecast of rate class sales.

Monthly System Load
Itron will re-estimate and/or modify the REU monthly 5a. 20-year forecast of system load model. The monthly system load model monthly system energy will be used to generate a 20-year forecast of monthly 5b. System Energy model system energy and monthly peaks. output
REU Peak Demand Model
Itron will re-estimate and/or modify the REU monthly 6a. 20-year forecast of peak demand model. The monthly peak demand
monthly system peaks model will be used to generate a 20-year forecast. 6b. System Peak model
output
Special Load and Revenue Itron will design and implement up to six( 6) special 7. Microsoft Excel Report Simulations load and revenue model simulation studies in the first containing alternative calendar year. Itron expects this will include mild and scenario forecast results. severe weather scenarios, as well as, alternative rate
structures.

Monthly Model Performance Each month, Itron will simulate the system energy 8. Monthly Variance Report Monitoring and rate class sales and revenue models using in Microsoft Excel actual values for weather and other exogenous spreadsheet. variables. The objective of this analysis is to assess
the weather adjusted forecast accuracy of the
model's structure with the understanding that the
results are incorporated into reports for senior
management.

On-Going Forecast and Analytic Itron will provide on-going forecasting and analytic 9. Varies depending upon Support for Budget Process support during the budgeting process. Itron expects request. this may include forecast vs. forecast comparisons
and presentation of the budget forecast to REU
senior management. In addition, this will include
decomposition of the monthly forecast to define the
impact of Solar PV, Electric Vehicles, and Energy
Efficiency measures.

Itron proposes to provide within-year model and
forecast updates as may be required by standards of
accuracy.

Other Special Studies and Itron will provide ad-hoc services upon request which 10. Varies depending upon Analytic Support may include, but are not limited to comparative rate request. analysis, rate design, and REU customer database
queries. These requests would be above and beyond
those envisioned in the items above and would be
agreed to by both parties prior to the work being
done.

These services are capped at 50 hours per calendar
year. If additional hours are required by Customer,
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Ion
Services Provided Description/Comments Deliverables
services will be provided at the hourly rate specified
in the Fees section of this SOW.

C.1. Project Schedule
The Project schedule is dependent on resource availability after the signed SOW is received by Itron and fully executed. The Project schedule will be defined during the Project Kick-Off meeting as well as roles and responsibilities of the entire project team.

Work is anticipated during working hours Monday- Friday. No after hours, weekend, or holiday hours work is anticipated. Additional hours for this project( outside the planned hours of the project) may be available to Customer and may be billed at an over-time rate to be determined based on the Project service work required and will require a Change Order.

The following table shows the Project tasks and the estimated start and completion dates for the SOW. Project Schedule dates will be adjusted based on the actual start date, but are always dependent on full availability from Customer resources. The Project will start December 1, 2018 and be completed by December 31, 2022.

Item Service Est Start Est End
1 Customer Database Maintenance( SAS) Monthly Monthly
2 Load and Revenue Model Database Data December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020
December 1, 2020 February 2, 2021
December 1, 2021 February 2, 2022
3 Population Forecast December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020
December 1, 2020 February 2, 2021
December 1, 2021 February 2, 2022
4 Load, Customers, Sales& Revenue Forecasts December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020
December 1, 2020 March 2, 2021
December 1, 2021 March 2, 2022
5 Monthly System Energy Forecast December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020
December 1, 2020 March 2, 2021
December 1, 2021 March 2, 2022
6 Peak Demand Forecast December 1, 2018 March 2, 2019
December 1, 2019 March 2, 2020
December 1, 2020 March 2, 2021
December 1, 2021 March 2, 2022
7 Special Load and Revenue Simulations As needed
8 Monthly Variance Report 2nd week of the
subsequent month
beginning May 2019
9 On-Going Forecast and Analytic Support for As needed
Budget Process
10 Other Special Studies and Analytic Support As needed Confident!a! PagePacket Pg. 83 5 of 8
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Iron
C.2. Assumptions
This section provides the key assumptions for the Project.

1. Customer will furnish all facilities and related services at Customer's site that are required by Itron personnel engaged to perform the Services under this SOW.

2. Customer will appoint a technically qualified Project Manager who will be the key point of contact for Itron related to the Services provided under this SOW.

D. Service Fees & Related Details
Total fees for the Project are calculated to be$ 233,237( USD) on a Fixed Fee basis. The hourly rates for services exceeding 50 hours per year for the Other Special Studies and Analytic Support task are shown below.

Hourly Rates
Name Title 2019 Rate 2020 Rate 2021 Rate 2022 Rate
Andy Sukenik Principal Consultant 250.00 257.50 $ 265.23 $ 273. 19 Dr. Molly Du Senior Consultant 200.00 202.60 $ 205.23 $ 207.90 David Simons Senior Analyst 200.00 202.60 $ 205.23 $ 207.90 Billing Schedule
Calendar Year Fee Estimated Invoice Date
2019 55,750 March 15, 2019
2020 57,423 March 15, 2020
2021 59, 145 March 15, 2021
2022 60,920 March 15, 2022
These fees are based upon Itron' s recommended engagement approach, staffing levels, scope of the Project and Project Schedules as outlined in this SOW. Modifications to any of these factors will result in changes to the estimated fees. Any changes that affect Itron's engagement approach, staffing levels, scope of the Project and Project Schedules will follow the Change Control Process described in this SOW. For the purposes of expediency, both parties agree that pricing changes not exceeding 10% of the amount quoted above will not require a change order provided that both parties verify in written form ( such as email) that they agree with the additional charges.

Itron will invoice Customer annually as specified in the Billing Schedule table above for Services performed and for costs incurred. If at any point, there is reason to believe that this amount will be exceeded; Itron will immediately notify Customer as to the changes in the estimate and issue a Change Order, which will be approved by Customer. Customer shall pay all taxes, if any, due for Services provided by Itron to Customer under this SOW.

Travel and related expenses are not included in the cost estimates. Actual, reasonable travel and related expenses will be billed directly to Customer on a monthly basis. Note: Itron commits to minimizing its expenses wherever possible by taking advantage of advance purchase discounts and corporate travel arrangements.

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E. Change Control Process
An Itron Change Order Form (" Change Order") will be used for communicating changes to this SOW. The Change Order must describe the change requested, the rationale for the change, the estimated price and the effect the change will have on the overall Project. All Change Orders must be approved and signed by Customer and Itron.

F. Contact and Billing Information
Requested Customer Data
Contact Name Joe Bowers
Contact Phone#( s) 530-339-7377
Contact Email Address jbowers@cityofredding. org
Physical Location Address( if applicable)
Billing Address( if different from above)
Special Billing Requirements?
Purchase Order#
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Hron
G. Statement of Work Agreement Approval
Customer and Itron agree to the terms of this SOW and by signing below, Customer authorizes Itron to perform the Services detailed herein.

Customer Itron, Inc.

Authorized Signature Authorized Signature
gd/f/r
Printed Na a Printed Name
Barry Tippin IRO c - 'Fae'CO tA)
Title Title
City Manager
P 7' r-tuw` 7
Date Date
1p 0 • 11
Statement of Work Identifier: Technical Forecast/Analytic Consulting Services City of Redding, California
SOW Author: Andy Sukenik
Date Created: 11/ 28/ 18
Version: 1. 0
ATTEST:
11 rL1" 11
PAME MIZE, C,,y.` lark
0 Form Approved
7 -
11 d-,
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services

CITY OF CITY OF REDDING
F EDDII %I 777 CYPRESS AVENUE, BEDDING. CA 96001
C A L i fE)r R t t
i P.O. Box 49607 1, REDOING, CA 96049- 6071

OFFICE OF THE CITY CLERK

PAMELA MIZE, CITY CLERK

SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
August 22, 2019
Itron, Inc
Contract Administration
2111 N. Molter Road
Liberty Lake, WA 99019
SUBJECT: Third Amendment to Consulting and Professional Services Contract, C- 6277 Dear Contract Administer,
Enclosed please find the fully executed original of the above referenced First Amendment to Consulting and Professional Services Contract by and between the City of Redding and Itron, Inc for the purpose of Load forecasting.

If you have any questions regarding this matter, or if we can be of assistance, please contact the Office ofthe City Clerk at ( 530) 225- 4044.

Sincerely,
Joan Twomey
Executive Assistant
Enclosure
cc: Ibarra
Bowers
REU Contracts
Grannis
Packet Pg. 88
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services it/`ern
Itron Change Order Form
Customer Name: City of Redding, California
Statement of Work Name: Technical Forecast and Analytic Consulting Services SOW Effective Date: 11- 28- 18
Change Order #: 1
Customer Itron, Inc.

Name Barry Tippin Name 04- arrow
Title City Manager Title V?-- freG51 01
Date DateS' ( 1 v r 9
ffective Date)
Professional Services:
i Billable r
Non-billable
Purpose Description Total
Adding additional Project Scope to SOW to Labor 194,619. 00 provide Hourly Long-Term Forecasting Services
detailed below)
Other Changes:

1. The following additional Services are being added to the Project and SOW Section C. Project Scope:

Services Provided Description/Comments Deliverables
Estimate Energy Efficiency and Itron will leverage the existing Statistically Adjusted Excel Report displaying a New Technology Impacts End Use( SAE) modeling framework to produce an comparison of the results:
estimate of the following concepts inherent in the a. Forecast vs Forecast REU Sales and Energy forecasts: b. Forecast vs Potential Residential Energy Efficiency Study
Non- Residential Energy Efficiency
Solar PV
Electric Vehicles
These values will be compared to the most recent
ATTEST` Potential Study( Navigant 2017).

Form Approved J
r , , J
pAMELA M , City A
e: „ . • eWalt
City Attorney
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Services Provided Description/Comments Deliverables
Residential and Commercial End Itron will leverage the existing Statistically Adjusted The end use forecast outputs Use Forecast End Use( SAE) modeling framework to disaggregate will be delivered in Microsoft the Residential and Non- Residential Sales Forecasts Excel spreadsheets. into the following end use components:

Residential Heating
Residential Cooling
Residential Lighting
Residential Water Heating
Residential Cooking
Residential Drying
Residential Other
Non- Residential Heating
Non- Residential Cooling
Non- Residential Lighting
Non- Residential Water Heating
Non- Residential Cooking
Non- Residential Other
Solar PV
Electric Vehicles
Battery Storage
System Hourly Load Model Itron will develop a modeling framework designed to Excel file containing the generate an hourly system load shape forecast which projected load shapes by can be disaggregated into the following components: component.

System Heating
System Cooling
System Base
Non- HVAC Hourly Load Shapes Itron will leverage its EShapes library, developed Excel file containing the based on building simulations and maintained at the projected end use load state-level, to provide hourly load shapes of the shapes. following:

Residential Lighting
Residential Water Heating
Residential Cooking
Residential Drying
Non- Residential Lighting
Non- Residential Water Heating
Non- Residential Cooking
New Technology Hourly Load Itron will develop a modelling framework designed to Excel file containing the Shapes generate an hourly load shape for the following New projected New Technology Technologies: load shapes.

Solar PV
Electric Vehicles
Battery Storage
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Services Provided Description/Comments Deliverables
Typical Weather Pattern Itron will develop a Typical Weather Pattern( TWP) to Excel file containing the drive the hourly load shape forecasts. As described Typical Weather Pattern. in the proposal, the TWP will contain an appropriate
mix of mild, normal, and severe weather while
preserving the proper correlation among key
concepts including temperature and cloud cover.

Hourly Forecast Calibration Itron will calibrate the long-term hourly load shapes Excel file containing the with annual target energy by end use and new calibrated hourly forecasts. technology component.

System Peak Model Update Itron will enhance the System Peak models based on Excel file containing the information gathered through the bottom- up hourly updated peak forecast. forecasting process.

Alternative Hourly Forecast At the request of Customer, Itron will provide up to Excel file containing the Scenarios three( 3) alternative forecast scenarios per year. alternative hourly forecast.

Hourly Forecast Documentation Itron will document the Hourly Forecast process. Microsoft Word document containing a report describing
the process upon delivery in
2019. Power Point slides
containing a summary of the
results( provided annually).

2. The SOW table under Section C.1 Project Schedule is replaced with the following:

Item Service Est Start Est End
1 Customer Database Maintenance( SAS) Monthly Monthly
2 Load and Revenue Model Database Data December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020
December 1, 2020 February 2, 2021
December 1, 2021 February 2, 2022
3 Population Forecast December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020
December 1, 2020 February 2, 2021
December 1, 2021 February 2, 2022
4 Load, Customers, Sales& Revenue Forecasts December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020
December 1, 2020 March 2, 2021
December 1, 2021 March 2, 2022
5 Monthly System Energy Forecast December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020
December 1, 2020 March 2, 2021
December 1, 2021 March 2, 2022
6 Peak Demand Forecast December 1, 2018 March 2, 2019
December 1, 2019 March 2, 2020
December 1, 2020 March 2, 2021
December 1, 2021 March 2, 2022
7 Special Load and Revenue Simulations As needed
8 Monthly Variance Report 2nd week of the
subsequent month
beginning May 2019
9 On-Going Forecast and Analytic Support for As needed
Budget Process
10 Other Special Studies and Analytic Support As needed 3 Packet Pg. 91
Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Item Service Est Start Est End
11 Estimate Energy Efficiency and New Technology July 1, 2019 November 1, 2019 Impacts January 1, 2019 March 1, 2020
January 1, 2020 March 1, 2021
January 1, 2021 March 1, 2022
12 Residential and Commercial End Use Forecast July 1, 2019 November 1, 2019 January 1, 2019 March 1, 2020
January 1, 2020 March 1, 2021
January 1, 2021 March 1, 2022
13 System Hourly Load Model August 1, 2019 November 1, 2019 January 1, 2019 March 1, 2020
January 1, 2020 March 1, 2021
January 1, 2021 March 1, 2022
14 Non- HVAC Hourly Load Shapes September 1, November 1, 2019 2019 March 1, 2020
January 1, 2019 March 1, 2021
January 1, 2020 March 1, 2022
January 1, 2021
15 New Technology Hourly Load Shapes September 1, December 1, 2019 2019 March 1, 2020
January 1, 2019 March 1, 2021
January 1, 2020 March 1, 2022
January 1, 2021
16 Typical Weather Pattern October 1, 2019 December 1, 2019 January 1, 2019 March 1, 2020
January 1, 2020 March 1, 2021
January 1, 2021 March 1, 2022
17 Hourly Forecast Calibration November 1, 2019 December 1, 2019 January 1, 2019 March 15, 2020
January 1, 2020 March 15, 2021
January 1, 2021 March 15, 2022
18 System Peak Model Update November 1, 2019 December 1, 2019 January 1, 2019 March 1, 2020
January 1, 2020 March 1, 2021
January 1, 2021 March 1, 2022
19 Alternative Hourly Forecast Scenarios As Requested As Requested 20 Hourly Forecast Documentation July 1, 2019 December 31, 2019 January 1, 2019 April 1, 2020
January 1, 2020 April 1, 2021
January 1, 2021 April 1, 2022

3. The first sentence of the SOW Section D. Service Fees & Related Details is deleted and replaced with the following:

Total fees for the Project are calculated to be$ 427,856 ( USD) on a Fixed Fee basis."
The SOW Billing Schedule table in Section D. Service Fees & Related Details is deleted and replaced with the following:
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Calendar Year Milestone Fee Estimated Invoice Date
2019 Sales and Revenue $ 55,750 March 15, 2019
Forecast Delivery
2019 Hourly Forecast 83,760 December 15, 2019
Delivery
2020 Sales and Revenue $ 57,423 March 15, 2020
Forecast Delivery
2020 Hourly Forecast 35,866 April 15, 2020
Delivery
2021 Sales and Revenue $ 59,145 March 15, 2021
Forecast Delivery
2021 Hourly Forecast 36,942 April 15, 2021
Delivery
2022 Sales and Revenue $ 60,920 March 15, 2022
Forecast Delivery
2022 Hourly Forecast 38,050 April 15, 2022
Delivery
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services

PAMELA MIZE, CITY CLERK

SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
Itron, Inc.

Attn: Contract Administration
2111 N. Molter Road
Liberty Lake, WA 99019
777 CYPREss AVENUE, RENDING, CA 96001
P.O. Box 49607 1, REDDING, CA 96049- 6071
November 1, 2021
SUBJECT: Fourth Amendment to Consulting and Professional Services Contract, C- 6277 Dear Contract Administrator,
Enclosed please find the fully executed copy of the above referenced Fourth Amendment to Consulting and Professional Services Contract by and between the City of Redding and Itron, Inc. regarding additional project scopes to Statement of Work.

If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4055.

Sincerely,
Luisa Klapperich
Executive Assistant, 11
Enclosure
cc: Maggiore
Bowers
Grannis
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Itron Change Order Form
Customer Name: City of Redding, California
Statement of Work Name: Technical Forecast and Analytic Consulting Services ( C-6277) Custome
By
Name Dan Beans
Title Director- REU
Date
Professional Services:

Billable r
Non -billable
By
Name
Title VP :: 44 6rnag2L, --Ii; ac
Date /_ 7 pap I
V (
Effective Date)
Purpose Descriptio
Adding additional Project Scope to SOW to $ 25,720.00
provide Hourly Long -Term Forecasting Services
detailed below)
NEEZE 0

1. The following additional Services are being added to the Project and SOW Section C. Project Scope:

Servl*ces ProviWed Descniption/Comments Defiverables
Setup Itron wil configure a system -level hourly load forecast Excel File containing the model, customized specificatIly to produce an forecast results accurate projection over the short and medium-term
forecast window (one -day ahead, to 18 -months
ahead).

Monthly Forecast Itron it refine the models on a monthly basis based Excel File containing the on the recent trends. i
forecast results

2. The SOW table under Section C.1 Project Schedule is replaced with the followin ATTEbM
J 'J! Packet Pg. 95
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3. The first sentence of the SOW Section D. Service Fees & Related Details is deleted and replaced with the following:

Total fees for the Project are calculated to be $ 453, 576 ( USD) on a Fixed Fee basis."
The following items are added to the SOW Billing Schedule table in Section D.

Service Fees & Related Details and as amended in Change Order 1:

Calendar Year Milestone Fee
Est End
2021 Set Up 10, 720
9/30/2021
2021
Monthly Forecast Delivery
3, 000 October 15, 2021

3. The first sentence of the SOW Section D. Service Fees & Related Details is deleted and replaced with the following:

Total fees for the Project are calculated to be $ 453, 576 ( USD) on a Fixed Fee basis."
The following items are added to the SOW Billing Schedule table in Section D.

Service Fees & Related Details and as amended in Change Order 1:

Calendar Year Milestone Fee Estimated Invoice
Date
2021 Set Up 10, 720 October 15, 2021
2021 Q4 Monthly Fees 3, 000 October 15, 2021
2022 Q1 Monthly Fees 3, 000 January 15, 2022
2022 Q2 Monthly Fees 3,000 April 15, 2022
2022 Q3 Monthly Fees 3, 000 July 15, 2022
2022 Q4 Monthly Fees 3,000 October 15, 2022
I
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Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve the Fourth Amendment to the Consulting and Professional Services Agreement with North State Security, Inc., (C-7766) authorizing the following:
(1) Security services at various City of Redding-owned locations and City of Redding parks, including seven new facilities, and extension of the contract expiration date to July 31, 2023;
(2) Including an average rate increase of five percent for existing locations and an overall contract increase of 34 percent for Fiscal Year 2022-23; and (3) Authorize the City Manager, or designee, to execute the amendment.

Fiscal Impact
The overall increase to the contract for Fiscal Year (FY) 2022-23 is $48,042. The rate increase was anticipated and budgeted during the Biennial FY 2021-23 budget and the appropriate departments have adequate funds budgeted to accommodate the increase for continued and additional security services. No additional appropriations are needed.

Alternatives Action
The City Council (Council) could choose not to approve the proposed extension and rate increase and provide the staff with an alternate direction. The City of Redding (City) would enter into a month-to-month agreement with the current provider, North State Security (NSS), for the interim period. This action would require staff to prepare and publish a new Request for Proposals and then select and award a contract to a new service provider.

Background
Recognizing that the City has significant investments in facilities that need protection from vandals, burglars, and fire, it has contracted for additional security services. Currently, these MEETING DATE: May 17, 2022
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(a)-- Approve Fourth Amendment to Security Agreement C-7766 with North State Security to Provide Security Services at Various City Locations Kim Niemer, Community
Services Director
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Report to Redding City Council May 9, 2022
Re: 4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services Page 2 services are provided by NSS. The scope of work includes a combination of onsite security personnel and patrol services for a variety of City facilities including, among others, City Hall, the Corporation Yard, RABA, Benton Airpark, the Redding Power Plant, the REU Offices and Avtech Building, and various City parks.

The current agreement requires the Council’s approval when significant changes are made to the scope of work and when the annual contract cost increases by more than ten percent. The annual cost of the contract proposed for FYE 2023 represents an overall increase of 34 percent above the FYE 2022 cost. This increase is primarily due to the addition of new locations:
• Buckeye Water Treatment Plant
• Foothill Water Treatment Plant
• Pump Station 1
• Pump Station 3
• Pump Station 5
• Martin Luther King Jr Center
Additional security was requested due to repeated break-ins and vandalism at these locations.

The amendment also covers increases averaging five percent for hourly services and patrols at all City-locations covered under the current agreement.

NSS has provided the City with security services for many years and its security personnel works well with City staff to meet the City’s needs. Extending the contract and approving the proposed rate increases will ensure a continuity of service.

Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
NSS_Fourth Amendment (C-7766)
Exhibit A (C-7766)
Exhibit B (C-7766)
North State Security Contract (C-7766)
NSS_First Amendment (C-7766)
NSS_Second Amendment (C-7766)
NSS_Third Amendment (C-7766)
Packet Pg. 98
Packet Pg. 99
Attachment: NSS_Fourth Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 100
Attachment: NSS_Fourth Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

CITY OF REDDING

SCOPE OF WORK

SECURITY SERVICES

GENERAL
Services shall be performed to the satisfaction of the City of Redding Parks and Facilities Manager and the Assistant Director of Public Works. Failure to perform the security services in accordance with the proposal, specifications, and to the satisfaction of the Parks and Facilities Manager of the City of Redding shall be grounds for cancellation by the City of Redding.

Security personnel will provide patrol and surveillance services or any other duties the City of Redding Parks and Facilities Manager deems appropriate throughout all noted locations.

Security personnel shall maintain two-way radio or cellular telephone contact with their headquarters and shall be equipped with radios or cellular telephones having the capability to conduct two-way conversations with the Redding Police Department, and/or other law enforcement agencies.

In the event that security personnel need assistance due to an inability to handle a situation, requests for assistance from the Redding Police Department shall be in accordance with industry protocol.

REPORTS

1. Daily Reports
Contracting security agency shall keep legible, current, and accurate records to support invoices rendered. These records shall include but not be limited to daily activity reports of security guards, defining all actions performed by them in fulfilling the requirements of this contract. Daily activity reports shall begin with the time the security guard enters a City facility and end with the time the security guard departs.

Daily activity reports shall be emailed to the Parks and Facilities Manager and the Building Maintenance Administrative Assistant each morning by 8:00 a.m.

2. Occurrences or incidents at all facilities that are serious in nature shall be reported on an individual basis within 24 hours, followed by a full written report (or other agreed upon format), which shall be delivered within seven (7) days.

For all locations except RABA, Benton Airpark and the Redding Power Plant, the contact is the Parks and Facilities Manager.

For RABA, the contact is the Assistant Director of Public Works.

For Benton Airpark, the contact is the Airports Manager.

For the Redding Power Plant, the contact is RPP Electric Manager.

Packet Pg. 101 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

3. Monthly Work Schedule
Successful contractor agrees to furnish to the Parks and Facilities Manager and the Assistant Director of Public Works, completed monthly work schedules as follows:
a. The contract’s first month’s working schedule(s) of personnel assigned and hours to be worked to fulfill the requirements of the contract shall be delivered a minimum of ten (10) working days prior to the effective date of any contract resulting from this proposal.
b. A monthly schedule of personnel assigned and hours to be worked to fulfill the requirements of the contract shall be delivered no later than the last working day of the month preceding the effective date of the new monthly schedule. c. If a new-to-the-City security employee is scheduled a copy of their guard card along with a picture ID and work history is to be submitted to the Parks and Facilities Manager for approval.

4. Benton Airport
Weekly report emailed to Airports Manager at [email protected] to include who patrolled and at what time.
a. Nightly aircraft parking log report, prepared after 2:00 a.m., emailed to Airports Manager at [email protected] within 24-hours.
b. Nightly report regarding tampering to be emailed to Airports Manager at [email protected] along with parking log.
c. Security guard will be provided with parking logs to verify and document aircraft tail numbers.

HOLIDAY SCHEDULE
The City has 10 fixed holidays a year whereby many buildings are closed, and thus “holiday pay” is recognized. These days are:

January 1st
Martin Luther King, Jr. Day (third Monday in January) *Provide service to RABA President’s Day (third Monday in February) *Provide service to RABA Memorial Day (last Monday in May)
July 4th Independence Day
Labor Day (first Monday in September)
Thanksgiving Day (4th Thursday in November)
Day After Thanksgiving (4th Friday in November) *Provide service to RABA the last half of the normal work shift prior to Christmas Day Christmas day (December 25th)
Packet Pg. 102 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

If any of the foregoing holidays fall on a Sunday, the holiday for employees will be observed on the following Monday. Likewise, if the holiday falls on a Saturday, employees will observe it on the preceding Friday.

Clear Creek Wastewater Treatment Plant, Stillwater Wastewater Treatment Plant, and Benton Airport are exempt from the holiday schedule. These locations require services 7 days a week/365 days a year.

SECURITY SCHEDULE
See addresses on Exhibit A - Proposal Form.

1. CIVIC CENTER/SCULPTURE GARDEN/LIBRARY
Seven (7) Days a Week; (Sunday through Saturday):

Provide parking lot patrol from 4:45 p.m. to 5:30 p.m. Monday through Friday (Except holidays and furloughs). From 5:30 p.m. to 6:00 p.m., conduct internal building inspections of the Civic Center to assure that office doors are locked, internal alarm panels are set and indicate no problems (Aactive alarms@ are located in Personnel, Treasurer, and City Clerk), and that the building is empty of non-employees or those attending a City-sanctioned event. Security guard shall also check that all exterior points of entry at the Civic Center are secure. Security guard shall check the Sculpture Garden, paying close attention as to whether or not any acts of vandalism have taken place. Security guard shall secure the locked parking area on the southeast section of the property.

One security guard shall be on-site at the Civic Center/Sculpture Garden/Library complex Monday through Friday between 9:00 p.m. and 1:00 a.m. An early morning patrol/inspection of the Library complex will also be performed. Security guard will secure all doors, gates, windows, or other points of entry at the Civic Center and Redding Library. If unable to do so, the security guard shall call City=s answering service, who will call the appropriate city staff to secure the site. If an alarm is sounded the alarm company has been instructed to call the appropriate City staff for instructions.

The security guard shall conduct one patrol check of these premises between 3:00 - 6:00 a.m., Monday through Friday. Security guard shall conduct five patrol checks over each 24-hour period on Saturday, Sunday and holidays. This inspection is carried out via a visual Aspotlight check@ whereby security officer drives slowly around the perimeter of each facility looking for any signs of unwarranted disturbance. One of the five weekend/holiday inspections shall occur at approximately 9:00 p.m. and the exterior doors of the Civic Center and Redding Library shall be checked to ensure they are secured. If a door is found unsecured, an interior inspection shall be required to ensure the building is unoccupied.

2.* CORPORATION YARD
Seven (7) Days a Week (Sunday through Saturday):

There will be three (3) nightly security inspections between the hours of 11:00 p.m. and 5:00 a.m. The first inspection shall consist of checking all exterior doors. Security guard shall secure Packet Pg. 103 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the City of Redding=s answering service. During any round of inspection, if a building door is found to be unsecured, security guard will perform an internal inspection of the building then re-secure the building. If unable to secure the building, security guard will notify the City of Redding=s answering service, supplying the appropriate lock set number, and the answering service will determine the appropriate City personnel to contact.

During the first inspection, the security guard shall also physically check each door of all vehicles, with the exception of garbage trucks, parked behind the gates. Between the Corporation Yard and the Solid Waste Transfer/Recycling Facility, the total number of vehicles left on site over night is estimated to be 250. If keys are left in an unlocked vehicle, vehicle is to be locked and the keys returned to the closest lock box (each building has their own lock box).

An incident report shall be made-up and emailed to Building Maintenance the next day. If keys are not in the vehicle, security guard shall lock all doors and make a notation of this action and the vehicle number in the standard shift report which shall be emailed to building maintenance the next day. Security guard is not expected to check compartments on truck service bodies to verify that they are locked.

The second and third security inspection shall be a Aspotlight check@ whereby security guard drives slowly around the perimeter of all buildings. Vehicles shall also be checked by spotlight during this time.

Provide three (3) random patrols on Monday through Friday between 7:00 a.m. and 4:00 p.m.

Patrol would drive the front of buildings 1-4 and look for any suspicious activity.

3.* SOLID WASTE TRANSFER/RECYCLING FACILITY
Seven (7) Days a Week (Sunday through Saturday):

Sunday – Thursday – two (2) nightly security inspections between the hours of 11:00 p.m. and 2:00 a.m.

Friday/Saturday – three (3) nightly security inspections between the hours of 11:00 p.m. and 5:00 a.m.

The first inspection shall consist of checking all of the exterior doors. Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the City of Redding=s answering service. During any round of inspection, if a building door is found to be unsecured, and security guard is unable to secure the door, security guard will notify the City of Redding=s answering service, supplying the appropriate lock set number, and the answering service will determine the appropriate City personnel to contact.

During the first inspection, the security guard shall also physically check each door of all vehicles, with the exception of garbage trucks, parked behind the gates. Between the Corporation Yard and the Solid Waste Transfer/Recycling Facility the total number of vehicles left on site over night is estimated to be 250. If keys are left in an unlocked vehicle, vehicle is to be locked and the keys returned to the closest lock box(each building has their own lock box).

An incident report shall be made up and emailed to Building Maintenance the next day. If keys Packet Pg. 104 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

are not in the vehicle, security guard shall lock all doors and make a notation of this action and the vehicle number in the standard shift report which shall be emailed to building maintenance the next day. Security guard is not expected to check compartments on truck service bodies to verify that they are locked.

The second and third security inspections shall be a “spotlight check” whereby security guard drives slowly around the perimeter of all buildings. Vehicles shall also be checked by spotlight during this time.

During all inspections, security guard shall check for a flashing red light on the west side of the main Transfer building. Light signifies a problem with the sump pump. If flashing, security guard shall call City of Redding’s answering service immediately. * Items No. 2 and 3 are considered one site. They are noted separately for billing and payment purposes.

4. RABA INTERMODAL PASSENGER TRANSFER FACILITY and PARKING LOT Seven (7) Days a Week (Sunday through Saturday):

One on-site security guard at the Downtown Intermodal Facility from 3:30 p.m. to 11:30 a.m., walking/patrolling the sites on a continuous basis. This patrol will include random patrols of the block to the north bounded by Shasta, California and Tehama Streets. Additionally, on Sunday only, vendor shall provide three (3) more on-site patrols of the RABA Intermodal Passenger Transfer Facility from 6:00 a.m. through 8:00 p.m. Each on-site patrol shall be of thirty (30) minutes duration. The on-duty night security guard shall open the Train Depot at 2:00 a.m. each day, and lock up after the last morning train has departed, or at the end of shift in the event that the train has not arrived. Security guard shall check and secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the appropriate City/RABA staff to secure the site. Monday through Saturday, there will be four random patrols daily at the RABA location on Masonic Drive. Security guard is to use professional judgement ensuring that the Downtown Intermodal Passenger Transfer Facility and the Masonic Drive location is utilized by transit clients (note: typical wait is 1 hour or less), discouraging loitering.

5. BENTON AIRPARK
Seven (7) Days a Week (Sunday through Saturday), 365 nights annually:

Three (3) nightly security inspections at random intervals, between the hours of 7:00 p.m. and 6:00 a.m. All visits will include a thorough drive through of entire premise, observing for suspicious activities. Patrol includes all parking lots large & small to east of eastern fence line and all transient aircraft tie-down locations, shade hangers, open hangers and property in general.

Security guard is to use professional judgement, and question any people found on site who appear to have no reason for being on the property. As part of this effort, security guard shall record vehicle license numbers for vehicles situated in an unusual area or for an extended period of time. Security guard shall report outages of runway lights or those on the exterior of hangars, in a weekly report to be emailed to [email protected]. Security guard shall report any irregularities in a nightly report to be emailed to the Airports Manager in conjunction with the nightly aircraft parking log. The security guard will be provided with parking logs to verify and Packet Pg. 105 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

document aircraft tail numbers. Any emergency situation or criminal activity shall be reported immediately to the Airport Manager via cell phone. Security guard shall complete a nightly aircraft parking log, after 2:00 a.m., to be emailed to the Airport Manager. Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the appropriate tenant to secure the site (tenant list will be provided by the City).

6. ENTERPRISE COMMUNITY PARK
Service shall be on an as-needed basis,
Duties at 10:00 p.m.: lock roller hockey rink gates, lock upper and lower restrooms, lock north (chain link) walk-through gate, lock north driveway gates, and lock the main gate at El Vista.

Check mobile building located in the lower/western area of the park, by ‘Kids Kingdom’ to ensure it is locked. While conducting the park sweep at dusk, it is imperative to confirm that all people are out of the restrooms and all cars out of the parking areas. Security guard shall notify the Redding Police Department if unable to locate the driver/owner of any vehicle. One drivethrough patrol of the park is required at approximately 1:00 a.m., to be varied by plus/minus 30 minutes so as to not have a set routine. Security guard shall unlock the necessary gates and relock them upon passing through. Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the City’s answering service, who will contact the appropriate City staff to secure the site.

Operations to be performed at 6:00 a.m.: open the main gate at El Vista, open the north driveway gate, open the north walk-through gate, open the upper and lower restrooms and unlock the roller hockey rink gates.

7. REDDING AQUATIC CENTER/CALDWELL PARK
Seven (7) days a week (Sunday through Saturday):

Twice nightly patrol with one (1) walk through and one (1) spotlight check. The areas specifically to be patrolled are the Fish Viewing Facility, Jump River Playground, Carter House/North Valley Art League, Teen Center, Aquatic Center, Caldwell Memorial Picnic Area, Bronze Sculptures, K2 ball field, and the Skate Park. Make note of signs of vandalism.

Walk through shall include conducting a physical check of buildings/structures, doors and gates.

Security guard shall check that all are secured.

Redding Aquatic Center, after hours alarm response: Monday to Friday, 5:00 p.m. to 7:00 a.m., Saturday/Sunday/Holidays, 24 hour response coverage. All calls for service shall be documented with an Incident Report and emailed with the Daily Activity Report to the Parks and Facilities Manager and the Building Maintenance Administrative Assistant.

8. CLEAR CREEK WASTE WATER TREATMENT PLANT
Seven (7) days a week (Sunday through Saturday):

Four nightly security inspections between the hours of 6:00 p.m. and 6:00 a.m. Duties include checking the fishing access parking area for illicit activity, checking to verify four critical gates Packet Pg. 106 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

are locked (main gate, pond access gate, river access gate to ponds and influent pump gate), checking structure which houses chlorine and sulphur dioxide, conducting visual spotlight check of building which houses city vehicles and performing thorough spotlight-security inspection of the entire gated area known as the Wastewater Treatment Facility. Spotlight-security inspection of the Admin Building. Since most facility doors and windows are on an alarmed system it is not advised to physically rattle doors or windows to verify they are secure, therefore the spotlight inspection is called for rather than a physical check of pulling door handles.

Security guard shall be vigilant to look for and immediately notify City staff of any signs of chlorine gas or sulphur dioxide leaks. If needed, security guard shall secure all doors, gates and windows or other points of entry. If unable to do so, the security guard will call the City’s answering service, who will contact the appropriate City staff to secure the site.

9. REDDING POWER PLANT
Five (5) days a week (Monday through Friday):

Security guard shall be based at the security building located at the main entrance to the Power Plant. The regular schedule is currently from 6:00 a.m. to 6:00 p.m. for the purpose of checking all city employees, vendors, and other visitors into the site. Security guard shall maintain visitors logs, issue passes, and check identifications to assure that only authorized persons have access to the power site.

The security guard shall follow the Holiday Schedule on page 4.

10. STILLWATER WASTEWATER TREATMENT PLANT
Seven (7) days a week (Sunday through Saturday):

Four nightly security inspections between the hours of 6:00 p.m. and 6:00 a.m. Duties include checking the Plant/Property area for illicit behavior, checking to verify that critical gates are locked (main gate and pond access gate), checking structure which houses chlorine and sulphur dioxide, conducting a thorough visual spotlight check as necessary of the entire gated area known as the Wastewater Treatment Facility. The doors and windows may be physically rattled to verify if they are secure. The door shall be checked at the outfall/pump house building. It is also necessary for security guard to be aware and notify City staff of any signs of chlorine gas or sulphur dioxide leaks. If needed, security guard shall secure all doors, gates and windows or other points of entry. If unable to do so, the security guard will call the City’s answering service, who will contact the appropriate City staff to secure the site.

11. SOFTBALL PARK, K-1 FIELD AND TIGER FIELD
Service shall be on an as-needed basis,
On an “as needed” basis, provide security guard services at the ball fields during recreation activities.

12. WEST CENTRAL LANDFILL
One (1) physical inspection between the hours of 6:00 p.m. and 6:00 a.m., every other night.

Packet Pg. 107 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

The security guard will unlock/open the gate, drive through and spot light the scale house and maintenance shop. The windows and doors at the scale house and maintenance shop shall be checked during each visit. Security guard will close and lock up gate when done.

13. REU OFFICES, AVTECH BUILDING
Seven (7) days a week (Sunday through Saturday)
One security guard shall be on-site at the REU Customer Service area Monday through Friday between 7:00 a.m. and 6:00 p.m., except City holidays. On these days, the security guard locks the front internal doors of the customer service area at 5:00 p.m. Between 5:00 p.m. and 6:00 p.m. guard checks all exterior doors to ensure locked and secured. At 6:00 p.m. the guard locks the service vehicles parking lot.

On City holidays and weekends, there will be one (1) daily inspection between the hours of 8:00 a.m. and 10:00 a.m. The daytime inspection includes confirmation that all ten (10) door sets are locked.

Seven (7) days a week, there will be one (1) nightly inspection between the hours of 6:00 p.m. and 6:00 a.m.

14. PARKS RESTROOM LOCKUP
Various Locations Listed Below
Seven (7) days a week
Clear and lock public restrooms at dusk at the following locations:
899 N. Market Street (one (1) restroom site)
Caldwell Park (four (4) restroom sites)
Bonnyview Boat Ramp – 3855 S. Bonnyview (one (1) restroom site) 702 Auditorium Drive (two (2) restroom sites)
Provide Incident Reports in a timely manner describing any new vandalism and incidents with individuals that cause disruption to the patrolman’s ability to perform restroom lockup.

15. SACRAMENTO RIVER TRAIL SYSTEM/PUBLIC WORKS FACILITIES Five (5) days a week.

Daily shifts worked will be comprised of two (2) security officers assigned to river trail duties consisting of two (2) split shifts daily; one (1) in the a.m. and one (1) in the p.m. Scheduling will encompass three (3) hour allotments per day, with an a.m. shift beginning around nautical twilight (dawn) and a p.m. shift terminating around nautical twilight (dusk). Scheduled hours may vary as to avoid setting a set schedule for a maximum deterrence factor. Scheduling of days of the week will remain random and subject to frequent change. North State Security to post and provide to the City a monthly schedule in advance. Standard patrol shifts will have security officers performing coordinated patrols separately, but will remain in frequent contact and provide backup as necessary. Due to time limitations and unforeseen incidents there may be Packet Pg. 108 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

portions of the river trail left unchecked on any given shift. Although assigned personnel are scheduled for no more than three (3) hours a day, there may be occasions when security officer works beyond scheduled three (3) hour shift due to actions beyond one’s control. Duties are to include surveillance of numerous COR Public Works facilities located along the river trail, as well as, providing a noticeable/positive security presence supporting safe community river trail activity. A heightened state of vigilance is required at these sites to guard against vandalism, sabotage, theft, etc.

16. BUCKEYE WATER TREATMENT PLANT
Seven (7) days a week (Sunday through Saturday):

Twice nightly patrol which consist of two (2) walk-through checks. Duties include checking all buildings and fence lines as well vandalism, theft, fire, water leaks, or people on site.

17. FOOTHILL WATER TREATMENT PLANT
Seven (7) days a week (Sunday through Saturday):

Nightly patrol which consist of three (3) walk-through checks. Duties include checking all buildings and fence lines as well as looking for any signs of vandalism, theft, fire, water leaks, or people on site.

18. PUMP STATION 1
Seven (7) days a week (Sunday through Saturday):

Twice nightly patrol which consist of two (2) walk-through spotlight checks. Duties include checking for any signs of vandalism, theft, fire, water leaks, or people on site.

19. PUMP STATION 3
Seven (7) days a week (Sunday through Saturday):

Twice nightly patrol which consist of two (2) spotlight checks. Duties include checking fence line as well as looking for any signs of vandalism, theft, fire, water leaks, or people on site.

20. PUMP STATION 5
Seven (7) days a week (Sunday through Saturday):

Twice nightly patrol which consist of two (2) walk-through checks. Duties include checking for any signs of vandalism, theft, fire, water leaks, or people on site.

21. MARTIN LUTHER KING JR CENTER
Five (5) days a week (Sunday through Thursday):

Lock the gate at dusk.

Security officers are expected to keep ongoing records of patrols to measure the program’s success and report on a monthly basis to the City of the month’s activities. Daily reports will include RPD contacts, notable public contacts, public works facilities inspected, miles patrolled, and other security related concerns. An actual Incident Report (IR) will be submitted whenever an incident happens that warrants further documentation. A monthly summary of daily reports will be submitted to the City.

Vendor shall provide all necessary equipment to patrol the Sacramento Trail system.

Packet Pg. 109 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

PERSONNEL
All personnel employed by the contracted security force must meet the following requirements established by the Parks and Facilities Manager and Assistant Director of Public Works prior to assignment at all noted security locations.

1. Security personnel must have at least one-year experience as a registered security guard.

At the City’s sole discretion, less than one-year experience may be accepted if the employee has other related work experience.

2. Security personnel must possess and carry a security guard registration card from the Department of Consumer Affairs, certifying that the security person is qualified. Copies must be submitted with proposal documents. A security guard must possess a valid and current security guard registration card on his or her person while on-duty (California Business and Professional Code, Section 7583.3.

3. Security personnel must be identifiable by a uniform and badge approved by the Parks and Facilities Manager and the Assistant Director of Public Works. Submit with proposal photographs showing the front and side view of uniformed security guard. Uniforms shall meet all requirements as required by the California Business and Professional Code (BPC), Division 3, Chapter 11.5, Article 3, Section 7582.26.

4. Within five (5) business days of being informed of contract award, security agency must provide to the Facilities Supervisor and the Assistant Director of Public Works, a copy of the pre-employment background investigation of each employee assigned to work at City facilities. The Parks and Facilities Manager and the Assistant Director of Public Works may reject any such employee if in their judgement the person is not suitable for the position.

5. Security service patrol vehicles must be clearly marked with company logo or emblem when conducting patrols at all noted locations. Submit photo of patrol vehicle with proposal. Vendor’s patrol cars must be legally marked as “security”.

6. Security guards shall not have non-employees of security contractor as ride-along passengers nor guests, while conducting security work for the City of Redding, without the written approval of the Parks and Facilities Manager and/or the Assistant Director of Public Works.

7. The Private Patrol Operator and Security Guard shall abide by all pertinent sections of the Department of Consumer Affairs, Bureau of Security and Investigative Services, California Business and Professional Code, California Code of Regulations, and Penal Code.

8. Upon submission of their proposal, security service firm agrees to allow the Parks and Facilities Manager (or his representative), and/or the Assistant Director of Public Works (or his representative) and/or the Airports Manager (or his representative) to personally Packet Pg. 110 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A

inspect the security service firm's Redding area headquarters and dispatch facility to determine the security service firm's operating capabilities upon submission of their proposal. In addition, the security service firm agrees to random, unannounced inspections by the Parks and Facilities Manager (or his representative) and/or the Assistant Director of Public Works (or his representative) and/or the Airports Manager (or his representative) to ensure the continuing capabilities of the security service firm and dispatch facility during the tenure of any resulting contract pursuant to said proposal.

INVOICING:

Invoices shall be rendered monthly, sent to the following locations:

All locations except 4, 5, and 9:

City of Redding Building Maintenance Department
P.O. Box 496071, Redding, CA 96049-6071
Location 4: City of Redding - RABA
P.O. Box 496071, Redding, CA 96049-6071
Location 5: Redding Municipal Airport
Attn: Airports Manager
6751 Woodrum Circle, #200, Redding, CA 96002
Location 9: City of Redding - Redding Power Plant
ATTN: Electric Manager
17120 Clear Creek Road, Redding, CA 96001
Packet Pg. 111 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 112 Attachment: Exhibit B (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 113 Attachment: Exhibit B (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 114 Attachment: Exhibit B (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 115 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 116 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 117 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 118 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 119 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 120 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 121 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 122 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 123 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 124 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 125 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 126 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 127 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 128 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 129 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 130 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 131 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 132 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 133 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 134 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 135 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 136 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 137 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 138 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 139 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 140 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 141 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 142 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 143 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 144 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 145 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 146 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 147 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 148 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 149 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 150 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 151 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 152 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 153 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 154 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 155 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 156 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 157 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 158 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 159 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 160
Attachment: NSS_First Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 161
Attachment: NSS_First Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services)

SECOND AMENDMENT TO CITY OF REDDING

CONSULTING AND PROFESSIONAL SERVICES CONTRACT
(C-7766)
The Professional Services Contract (C-7766) dated July 18, 2018, and amended on August 5, 2020 between the City of Redding, California, ("City") a municipal corporation, and North State Security Inc. ("Consultant"), is hereby amended as follows:

SECTION 3.A. is amended in its entirety to read as follows:

A. Consultant shall commence work on or about August 1, 2018. Time is of the essence.

Contract expires July 31, 2021. Contract term may be renewed and signed on behalf of the City by the Director of Community Services for up to two (2) consecutive one (1) year periods at a price to be negotiated and agreed upon by both parties.

All other terms and conditions of the Contract dated July 18, 2018, and amended on August 5, 2020, shall remain in full force and effect.

The date of this 2nd Amendment shall be the date that it is signed by the City. .J
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Packet Pg. 162 Attachment: NSS_Second Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) IN WITNESS WHEREOF, City and Contractor have executed this Amendment on the days and year set forth below.

Dated:---lf:"------- 0 _,_A__L_fj_ ,2020
ATTEST:

Dated: V\ \ ~ •
'2020

CITY OF REDDING,
A Municipal Corporation
APPROVED AS TO FORM:

BARRY E. DeWALT
City Attorney

CONTRACTOR
By: KELLY BOEK
Packet Pg. 163 Attachment: NSS_Second Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services)

THIRD AMENDMENT TO CITY OF REDDING

CONSULTING AND PROFESSIONAL SERVICES CONTRACT
(C-7766)
The Professional Services Contract (C-7766) dated July 18, 2018, and amended on August 5, 2020 and September 11, 2020, between the City of Redding, California, ("City") a municipal corporation, and North State Security Inc. ("Consultant"), is hereby amended as follows:

SECTION 3.A. is amended in its entirety to read as follows:

A. Consultant shall commence work on or about August 1, 2018. Time is of the essence.

Contract expires July 31, 2022. Contract term may be renewed and signed on behalf of the City by the Director of Community Services for up to two (2) consecutive one (1) year periods at a price to be negotiated and agreed upon by both parties.

All other terms and conditions of the Contract dated July 18, 2018, and amended on August 5, 2020 and September 11, 2020, shall remain in full force and effect.

The date of this Third Amendment shall be the date that it is signed by the City.

Packet Pg. 164 Attachment: NSS_Third Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) IN WITNESS WHEREOF, City and Contractor have executed this Amendment on the days and year set forth below.

Dated: !LJ; '2021
ATTEST:

Dated: \Nv0..A~ ?z n , 2021

CITY OF REDDING,
A Municipal Corporation
APPROVED AS TO FORM:

BARRY E. DeWALT
City Attorney

CONTRACTOR
By: KELLY BOEK
Packet Pg. 165 Attachment: NSS_Third Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services)

PAMELA MIZE, CITY CLERK

SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
North State Secuirty, Inc
Attn: Kelly Boek
P.O. Box 991348
Redding, CA 96099
CiTY OF REDDING
777 CYPRESS AVENUE, REDDING, CA 96001
P.O. Box 496071, REDDING, CA 96049-6071
June 14, 2021
SUBJECT: Third Amendment to Consulting and Professional Services Agreement, C-7766 Dear Kelly Boek,
Enclosed please find the fully executed original of the above referenced Third Amendment to Consulting and Professional Services Agreement by and between the City of Redding and North State Security, Inc., security services at various City locations.

If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044.

Enclosure
cc: Froeber
Lidster
Grannis
Sincerely,
Joan Twomey
Executive Assistant
Packet Pg. 166 Attachment: NSS_Third Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the Chief of Police to execute the Third Amendment to Exclusive Agreement with Redflex Traffic Systems, Inc. (Redflex) (C-4649), extending the term for an additional five years ending June 1, 2027, to provide red light camera enforcement at selected intersections in a continued effort to reduce traffic collisions and increase public safety.

Fiscal Impact
The total annual cost of the contract is $420,000, which is fully offset by collected revenues for the Red Light Enforcement program. In Fiscal Year 2020-21, the City of Redding (City) collected $594,693.45 in fines. The total cost of the program (Redflex contract and part-time salaries) was $494,621.03. Any excess revenue has been used to help fund the Redding Police Department’s (RPD) vehicle purchases. There is no General Fund impact for this contract.

Alternative Action
The City Council (Council) could choose to not approve the extension of the contract and provide staff with alternative direction. This action would stop the Red Light Enforcement program at the end of the current contract term which is June 1, 2022.

Background/Analysis
On February 6, 2007, the Council approved a contract with Redflex to provide red light photo enforcement at several intersections in the City. The contract was renewed on April 17, 2012, and extended for an additional four (4) years on May 16, 2017, which was set to expire on June 1, 2021. The contract was renewed for an additional one (1) year on June 1, 2021, with a new expiration date of June 1, 2022.

MEETING DATE: May 17, 2022
ITEM NO. 4.9(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.9(a)--Extend Contract with Redflex Traffic Systems Bill Schueller, Chief of Police
Packet Pg. 167
Report to Redding City Council May 11, 2022
Re: 4.9(a)--Extend Contract with Redflex Traffic Systems Page 2 The purpose of the red-light camera program is to reduce traffic collisions at specific, high traffic intersections throughout the City. These specific locations were identified after reviewing traffic collision statistics with the highest rate of injury and non-injury collisions. There are currently eight photo enforcement cameras (approaches) at five intersections. Since the cameras went live in 2008, there has been a significant reduction in traffic collisions at these intersections. In 2007, there were a total of 96 traffic collisions at the now monitored intersections. In 2021, there were 38 traffic collisions, which is a reduction of 60.4 percent. The following graph shows the steady decline in traffic collisions (TCs) since the program began.

The two (2) intersections that have had the largest reduction in traffic collisions are Market Street at Shasta Street and Pine Street at Tehama. The following graphs show the reduction from the beginning of the program.

Packet Pg. 168
Report to Redding City Council May 11, 2022
Re: 4.9(a)--Extend Contract with Redflex Traffic Systems Page 3 This amendment will allow for the upgrade of the cameras at all eight (8) existing approaches within six months of the execution of this amendment at no additional cost to the City of Redding. The monthly charge for each of the eight (8) locations is $4,375 for a total of $35,000 a month (the same rate of the original contract), and all terms and conditions of the existing contract will remain.

The Amendment has been approved as to form by the City Attorney.

Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work and play in the City of Redding.” Attachments
Agreement - 2012 (C-4649)
First Amendment - 2017 (C-4649)
Second Amendment - 2021 (C-4649)
Third Amendment - 2022 (C-4649)
Packet Pg. 169

CITY OJ RIDDING
OffiCE Of THE CITY CLERK
777 Cypress Avenue, Redding, CA 96001
P.O. Box 496071, Redding, CA 96049-6071
530.225.4055 FAX 530.225.4463
June 8, 2012
Pamela Mlze
City Clerk
Redflex Traffic Systems, Inc.

Attn: Program Management
23751 North 23rd Avenue
Phoenix, AZ 85085
SUBJECT: Renewa1/Exclusive Agreement Between the City ofRedding, California, and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program, C-4649
Dear Ladies and Gentlemen:

Enclosed is a fully executed original ofthe above subject Agreement by and between the City ofRedding and Reflex Traffic Systems, Inc. regarding the renewal ofthe Exclusive Agreement Between the City ofRedding, California, and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program.

The agreement was approved by the Redding City Council at its regular meeting on June 5, 2012.

Ifyou have any questions regarding this matter, or ifwe can be ofassistance, please contact the Office ofthe City Clerk at (530) 225-4439.

Sincerely,

PAMELA MIZE
City Clerk
By:

Enclosure
fi1ft,~~'
c: Jan Crawford, Redding Police Departm~ t '
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Packet Pg. 170 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

EXCLUSIVE AGREEMENT BETWEEN THE CITY OF REDDING, CALIFORNIA AND REDFLEX TRAFFIC SYSTEMS, INC. FOR

TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAM
This Agreement ( this " Agreement") is made as of this 1st day of June 2012 by and between Redflex Traffic Systems, Inc. ( California), a California Corporation, with offices located at 5835A Uplander Way, Culver City, California 90230 (" Redflex"), and The City of Redding, California a municipal corporation, with offices at 777 Cypress Avenue, California 96001_ ( the " Customer" and/or the " City"). Redflex and Customer are sometimes referred to herein individually as a " Party" and collectively as the Parties" .

RECITALS
WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to the Photo Red Light Enforcement Program(hereinafter "the Program"); and
WHERAS, Redflex and the Customer have previously entered into an agreement dated February 6, 2007 and amended June 1, 2009; and
WHEREAS, the Customer desires to continue to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to identify and enforce certain photo red light traffic violations; and
WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms ofthis Agreement.

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

AGREEMENT

1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings:

1. 1. " Approach Relocation" means the termination of operation of a particular approach in operation and/or the implementation of new similar dimensioned approach at another location within the Customer' s iurisdiction.

1.2. " Authorized Employee" means the Project Manager or such other individual( s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto.

1.3. " Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Employee by using the Redflex System.

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Packet Pg. 171QAttachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

1.4. " Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation.

1. 5. " Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person' s business or methods of operation or concerning any of such Person' s suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to:

1.5. 1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and

1. 5.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term " trade secrets" shall mean the broadest and most inclusive interpretation oftrade secrets.

1. 5. 3. Confidential Information will not include information that: ( i) was generally available to the public or otherwise part ofthe public domain at the time of its disclosure, ( ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, ( iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be disclosed.

1.6. " Intersection Approach" means a conduit of travel with up to four ( 4) contiguous lanes from the curb ( e. g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating the Program by the Customer.

1. 7. " Designated Intersection Approaches" means the Intersection Approaches as Redflex and the Customer shall mutually agree from time to time. See Exhibit A for the number of approaches.

1. 8. " Electronic Signature" means the method through which the Authorized Employee indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System.

1.9. " Enforcement Documentation" means the necessary and appropriate documentation related to the Program, including but not limited to warning letters, citation notices (using the specifications of the Judicial Council and the City, a numbering sequence for use on all citation notices ( in accordance with applicable court rules), instructions to accompany each issued Citation Packet Pg. 172 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations ( including with respect to coordinating with the applicable vehicle registry), and technical support documentation for applicable court and judicial officers.

1. 10. " Equipment" means any and all approach cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Program.

1. 11. " Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines.

1.12. " Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any ofthe foregoing.

1.13. " Installation Date of the Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Program.

1. 14. " Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible ( a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, ( b) trademark and trade name rights and similar rights, ( c) trade secrets rights, ( d) patents, designs, algorithms and other industrial property rights, ( e) all other intellectual and industrial property rights ( of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and ( f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force ( including any rights in any ofthe foregoing), of such Person.

1.15. " Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Program is functional in order to permit the issuance of Citations using the Redflex System.

1.16. " Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association.

1.17. " Police Proiect Manager" means the project manager appointed by the Customer in accordance with this Agreement, which shall be an Authorized Employee and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Program, and which manager shall have the power and authority to make management decisions relating to the Customer' s obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the Customer' s charter or other organizational documents of the Customer or by the city council or other governing body ofthe Customer.

1. 18. " Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by Packet Pg. 173 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) the Redflex System for the purposes of allowing the Authorized Employee to review such data and determine whether a traffic violation has occurred.

1.19. " Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person' s business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets,. computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices.

1.20. " Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Program at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any ofthe foregoing.

1.21. " Redflex Proiect Manager" means the project manager appointed by Redflex in accordance with this Agreement, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation of the Program, and who shall have the power and authority to make management decisions relating to Redflex' s obligations pursuant to this Agreement, including but not limited to change order authorizations.

1.22. " Redflex Photo Red Light System" or " the Redflex System" means, collectively, the Salus@ System, SMARTcam@ System, the SMARTscene@ System, REDFLEXred@ System, the Program, SMARTops@ System and all of the other equipment, applications, software, hardware, back office processes, servers, off-site backup systems, cameras, sensors, components, motor vehicles and other tangible and intangible property relating thereto, to enable Redflex to enforce a minimum of one lane oftravel at a designated location.

1. 23. " Redflex Photo Red Light Program" or "the Program" are interchangeable and synonymous and mean the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles.

1.24. " Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by Authorized Employees of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location( s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. Should physical criteria change Packet Pg. 174 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) which requires additional modification to the Program or its detection equipment, any costs incurred is the responsibility ofthe Customer.

1.25. " Records Retention" means the period of time that Redflex will retain confidential information to include photographic evidence and data associated with the Program.

1.26. " SMARTcam@ System" means the proprietary software system that controls the systems of Redflex relating to the Program.

1.27. " Salus@ System" means the proprietary software that controls the systems of Redflex relating to the Program.

1.28. " REDFLEXred@ System" means the proprietary digital redlight photo enforcement system ofRedflex relating to the Program.

1.29. " SMARTops@ System" means the proprietary back-office processes of Redflex relating to the Program.

1.30. " SMARTscene@ System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data relating to the Program.

1. 31. " Traffic Signal Controller Boxes" means the signal controller interface and vehicle detection owned and operated by the Customer. This includes, but not limited to, the Customer' s traffic controller, Customer' s vehicle detection equipment, Customer' s communication equipment, Customer' s controller cabinet, etc.

1.32. " Violation" means any traffic violation authorized for photo enforcement as prohibited by the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration.

1.33. " Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches.

1.34. " Warning Period" means a period after the Installation Date of the first intersection approach, wherein only warning notices shall be issued, commencing within 3 days after the system has been installed.

2. TERM. The term of this Agreement shall commence on June 1, 2012 and continue for five ( 5) years ( the " Initial Term") thereafter. The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two ( 2) additional consecutive two ( 2) year periods following the expiration of the Initial Term. The Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day ofthe Initial Term or the Renewal Term, as the case may be.

3. SERVICES. Redflex shall provide the Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement.

3. 1. INSTALLATION. With respect to the construction and installation of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto.

Packet Pg. 175 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

3. 2. MAINTENANCE. With respect to the maintenance of the Redtlex System at the Designated Intersection Approaches, the Customer and Redtlex shall have the respective rights and obligations set forth on Exhibit C attached hereto.

3. 3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows:

3. 3. 1. All Violations Data shall be stored on the Redtlex System;

3. 3.2. The Redtlex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System;

3.3. 3. The Redflex System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high-speed Internet connection and an approved web browser.

3.3.4. Redtlex shall provide the Authorized Employee with access to the Redtlex System for the purposes of reviewing the pre-processed Violations Data within seven ( 7) days of the gathering of the Violation Data from the applicable Designated Intersection Approaches.

3.3. 5. The Customer shall cause the Authorized Employee to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redtlex using the software or other applications or procedures provided by Redtlex on the Redtlex System for such purpose, and REDFLEX HEREBY

ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A

CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE

DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE

MADE IN SUCH AUTHORIZED EMPLOYEE' S SOLE DISCRETION (A
CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX

HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION
DECISION.

3. 3. 6. With respect to each Authorized Violation, Redtlex shall print and mail a Citation within five ( 5) days after Redtlex' s receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations;

3. 3. 7. Redtlex shall provide a toll-free telephone number for the purposes of answering citizen inquiries

3. 3. 8. Redtlex shall permit the Authorized Employee to generate reports using the Redtlex Standard Report System.

3. 3. 9. Upon Redtlex' s receipt of a written request from the Customer and in addition to the Standard Reports, Redtlex shall provide, without cost to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redtlex System with respect thereto to the Customer in such format and for such periods as mutually agreed upon.

3. 3.10. During the six ( 6) month period following the Installation Date and/or upon Redtlex' sreceipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redtlex shall Packet Pg. 176 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) provide expert witnesses for use by the Customer in prosecuting Violations; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu ofrequiring Redflex to provide such expert witnesses.

After the initial 6 month period, expert testimony may be provided on a cost reimbursement basis.

3.4. Redflex shall provide such training to Customer personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf ofthe Customer with respect to the Program.

3. 5. TAXES. Where required by state statute, ordinance or regulation, Redflex shall pay for and maintain in current status all taxes that are necessary for contract performance. Unless otherwise indicated, City/Customer agrees to pay any applicable taxes including but not limited to use, property or sales taxes required at the municipal, county, state or any other taxing authority level on all applicable consumer services and materials purchased and/or leased. No charge by the City/Customer shall be made for federal excise taxes and City/Customer agrees to furnish Redflex with an exemption certificate where appropriate for any applicable sales and/or use taxes.

3. 6. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on Exhibit E attached hereto. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes ( a " Change Order Notice"). Upon Redflex' s receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any ( the " Change Order Proposal"). The Change Order Proposal shall include ( i) a detailed breakdown of the charge and schedule effects, ( ii) a description of any resulting changes to the specifications and obligations of the parties, ( iii) a schedule for the delivery and other performance obligations, and iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer' s receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount ofpayment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with the " Dispute Resolution" provision ofthis Agreement.

3. 7. ROAD REPAIRS AND CONSTRUCTION PROJECTS. The operation of an installed camera shall be temporarily suspended as a result of any Customerauthorized road repairs, street improvements or stop work order that interrupts, impedes, obstructs or interferes with the successful performance ofthe installed Packet Pg. 177 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) camera for a period of fourteen ( 14) or more calendar days. Customer shall not be invoiced during this period; however, the contractual period for the particular approach shall be extended for a period equal to the number of days of inoperability.

4. LICENSE: RESERVATION OFRIGHTS.

4. 1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, nontransferable license during the Term ofthis Agreement to: ( a) solely within the City of Redding access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, ( b) disclose to the public ( including outside of the City of Redding that Redflex is providing services to the Customer in connection with Program pursuant to the terms of - this Agreement, and ( c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Program, so long as any and all such publications or materials are approved in advance by Redflex.

4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: ( a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property. arising from or relating to the Redflex System, and any and all related Equipment, ( b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and ( c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein.

4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not ( a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, ( d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer' s use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or ( e) disassemble, decompile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex Program, including but not limited to any Equipment, or to any Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any ofthe foregoing.

4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any Packet Pg. 178 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex.

4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex' s Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance.

4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items.

4.7. UNAUTHORIZED REFERENCES TO REDFLEX. Customer shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to, the " SMARTcam@ System", " Salus@ System", " REDFLEXred@ System", " REDFLEXspeed@ System", REDFLEXrail@ System", " REDFLEXstop@ System", " REDFLEXslimline@ System", " SMARTops@ System", " SMARTscene@ System";
PLATESCAN@ System" and/or and any and all combinations, variants and derivatives thereof, in, on or about, Customer marketing, publicity, media, public relations, advertising, education or training materials, information, data, papers and/or documents, for any reason or purpose, whatsoever, without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole, absolute and unilateral discretion.

5. REPRESENTATIONSAND WARRANTIES.

5. 1. Redflex Representations and Warranties.

Packet Pg. 179 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

5. 1.1. Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.

5. 1.2. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer.

5.2. Customer Representations and Warranties.

5.2. 1. Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.

5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner.

5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS

AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM

OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER' S USE OF ANY OF THE FOREGOING.

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH

HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE

DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX

SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR

USE, OR THAT THE OPERATION OR USE THEREOF WILL BE
UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES

THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO

TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT,

REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH
MALFUNCTION IN A TIMELY MANNER.

6. TERMINATION.

6. 1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of the Program; ( ii) the Supreme Court for the State of California rules that the Citations from the Program are inadmissible in evidence or a California District Court ofAppeals rules that the Citations from the Program are inadmissible in evidence and the California Supreme Court has declined review of that ruling; or (iii) the other party commits any material breach of any of the provisions of this Agreement.

Either party shall have the right to remedy or cure the .cause for termination or breach within forty-five (45) calendar days ( or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the appropriate party setting forth in reasonable detail the events of the cause for termination or breach. Termination of this Agreement shall not be enforceable or effective Packet Pg. 180 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) unless the terminating party mails written notice of termination to the nonterminating party not less than forty-five ( 45) calendar days prior to the Agreement termination date and provides to the non-terminating party the opportunity to remedy or cure the cause of the termination or breach within the forty-five (45) calendar day time period provided herein.

6.2. RIGHTS AND REMEDIES. In connection with any breach and/or termination of this Agreement, Redflex and Customer shall have and hereby reserve, in full, all rights and remedies available in law and/or in equity. The rights to terminate this Agreement as stated in Section 6. 1 shall be without prejudice to any other right or remedy of either party with respect to the breach concerned (if any) or any other breach ofthis Agreement.

6. 3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement, all ofthe provisions ofthis Agreement shall terminate and:

6. 3. 1. Redflex shall ( i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Program, ( ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, ( iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and ( v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior tq the termination of this Agreement. Immediately upon termination Redflex is no longer bound to the Data Retention Requirements for any data and if the customer wishes to obtain the data it must be conveyed at the time of termination. Redflex will transfer the data and relevant information to the Customer by a mutually agreed upon method. The customer will assume the burden for all costs associated with this task including but not limited to administrative, storage media, storage media authoring devices, and internet bandwidth used for transferring data. Redflex will provide no tools for accessing this data or other guarantees.

6.3. 2. The Customer shall ( i) immediately cease using the Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination.

6. 3. 3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term of this Agreement, Redflex shall remove at its sole expense any and all Equipment Packet Pg. 181 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) or other materials of Redflex installed in connection with Redflex' s performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore at its sole expense the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement.

6. 3.4. In addition to any and all other rights and remedies available and/or reserved herein, the Customer shall pay to Redflex a pro rata share of all monies or revenue generated, collected and/or received by Customer after the Agreement termination date that are, in any way, a result of, associated with and/or attributable to, in whole or in part, the products or services rendered to Customer by Redflex.

6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: ( i) Sections 4.2 Reservation of Rights), 5.1 ( Redflex Representations and Warranties), 5.2 Customer Representations and Warranties), 5.3 ( Limited Warranties), 7 Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 ( Dispute Resolution), 11. 1 ( Assignment), 11. 17 ( Injunctive Relief; Specific Performance), 11.18 ( Applicable Law)) and 11.19 ( Jurisdiction and Venue), and (ii) those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions ofthis Agreement.

7. CONFIDENTIALITY. During the term of this Agreement and for a period of three 3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party' s express written consent, except ( a) to its employees who are reasonably required to have the Confidential Information, ( b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and ( c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records.

8. INDEMNIFICATIONAND LIABILTY.

8. 1. Indemnification by Redflex. Subject to Section 8. 3, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them ( individually a " Customer Party" and collectively, the " Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when Packet Pg. 182 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements ( including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature ( collectively, " Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to ( a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person ( including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any Customer Party.

8.2. Indemnification by Customer. Subject to Section 8. 3, the Customer hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any ofthem (individually a " Redflex Party" and collectively, the " Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to ( a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, ( b) the negligence or willful misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person ( including third parties) or any damage to any real or tangible personal property ( including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party, ( c) any claim, action or demand not caused by Redflex' s failure to perform its obligations under this Agreement, or ( d) any claim, action or demand challenging the Customer' s use of the Redflex System or any portion thereof, the validity of the results of the Customer' s use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and collected as a result ofthe Customer' s use ofthe Redflex System or any portion thereof.

8. 3. Indemnification Procedures. In the event any claim, action or demand ( a Claim") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification ( the " Indemnified Party") shall give the party from whom indemnification is sought ( the " Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim ( subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take Packet Pg. 183 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party' s material rights or material interests without such party' s prior written consent, which consent will not be unreasonably withheld or delayed.

8.4. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any special, incidental, indirect, consequential or punitive damages however caused and on any theory of liability arising out of or relating to this Agreement, except and only to the extent expressly authorized pursuant to provision entitled " PREVAILING PARTY" of this Agreement and, additionally as stated in this provision 8.4. In the event of any breach of this Agreement by Customer, Redflex is entitled to recover expectation damages from the Customer, which are defined as the amounts that Redflex would have received under the Agreement had the Customer fully performed pursuant to the terms and conditions ofthis Agreement.

9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given ( a) upon delivery, if delivered by hand, ( b) three ( 3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or ( c) one Business Day after being delivered to a reputable
overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, ifthe courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows:

9. 1. Notices to Redflex:

Redflex Traffic Systems, Inc.
23751 North 23rd Avenue
Phoenix, AZ 85085
Attention: PROGRAM MANAGEMENT
Facsimile: ( 623) 207-2050

9.2. Notices to the Customer:

City of Redding
777 Cypress Avenue, California 96001
Attention: Jan Crawford
Facsimile: ( 530) 225- 4568

10. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the " Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of Packet Pg. 184 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) either party, each ofthe parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation.

11. MISCELLANEOUS.

11. 1. Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, the Customer hereby acknowledges and agrees that the execution ( as outlined in Exhibit G), delivery and performance of Redflex' s rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements (" Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities ( each, a " Financial Institution" and collectively, " Financial Institutions"). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer (" Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer' s prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex' s rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five ( 45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns.

11. 2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER.

Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party ( except as specifically provided herein).

11.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the " Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement.

Any such audit shall be conducted upon not less than forty-eight ( 48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party' s normal business hours. Except as otherwise provided in this Packet Pg. 185 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Agreement, the cost of any such audit shall be borne by the non-Audited Party.

In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent ( 25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party.

In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount ofthe excess.

11.4. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay.

11. 5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements ( other than invoices and purchase orders), whether written or oral, which affect its terms.

This Agreement may be amended only by a subsequent written agreement signed by both parties.

11.6. SEVERABILITY. If any provision ofthis Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder ofthe affected provision.

11. 7. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.

11. 8. CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party.

11. 9. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof.

11.10. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Anyone of such counterparts shall be sufficient for the purpose ofproving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof.

Packet Pg. 186 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

11. 11. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent ofthis Agreement.

11.12. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of anyone remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy.

11.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns.

11.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent ofthe Parties as expressed in this Agreement.

11.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement.

11. 16. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4. 1 ( License), 4.3 Restricted Use) or 7 ( Confidentiality) ofthis Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof.

11. 17. APPLICABLE LAW. This Agreement shall be governed only by and construed, in all respects, solely in accordance with the laws of the State of California.

11. 18. JURISDICATION AND VENUE. Any conflict, claim or dispute between Redflex and the Customer affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and litigated solely in the United States District Court for the Eastern District of California and both parties specifically agree to be bound by the exclusive jurisdiction and venue thereof.

11.19. PREVAILING PARTY. In the event of any conflict, claim or dispute between Redflex and the Customer affecting, arising out of or relating to the subject matter of this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party all attorneys' fees, expert fees, and related costs.

Packet Pg. 187 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Attorneys' fees, expert fees, and related costs shall be assessed by a Court and not by a jury and shall be included in any judgment obtained by the prevailing party.

The remainder ofthis page is left intentionally blank)
Packet Pg. 188 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above.

Customer"
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CITY OF REDD
By: R<:'
Name: DICK DICKERSON
7 / Title: MA.YY~O ~ /
Date: ( P / "; 2-012-
AJTEST:

By:' :.

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Na'me: PAMELA '~1IZEi ~
Title: CITY CLERIC
Date: G:r(r/~'
APPROVED A'S TO FORM:

BY:' 7Y~~~
Name: BARRY D ALT
Title: ASSISTANT CITY ATTORNEY
Date: 6 ~ ,;-: //
Redflex"
REDFLEX TRAFFIC SYSTEMS, INC.,
BY:~ f1M~
Name: j(Afl,c. N J--1/\ JLe,
Title: c..w
Date: 5, 51 - t 2..-
Packet Pg. 189 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "A"
Designated Intersection Approaches
The contract is for the implementation of up to 10 intersection approaches. Identification of enforced intersection approaches will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs.

The City will make all reasonable efforts to provide the list of proposed intersections under consideration prior to formal project kick-off to the designated Redflex project manager.

Packet Pg. 190 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation: Fixed Traffic Camera Safety Improvement Program:

At its sole expense, Redflex will have each specified approach installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Customer.

Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement.

Redflex will use reasonable commercial efforts to install and activate the first specified intersection within sixty ( 60) days subsequent to formal project kick-off and receipt of the required customer approved program business rules. The Customer agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed.

In order to provide the Customer with timely completion of the Traffic Camera Safety Improvement Program, Redflex requires that the Customer assist with obtaining timely approval of permit requests. The Customer acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the Customer will provide engineering review(s) of Redflex permit requests and all documentation in a timely manner.

1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex' s sole expense):

1. 1. Appoint the Redflex Project Manager and a project implementation team;

1.2. Request current " as-built" electronic engineering drawings for the Designated Intersection Approaches (the " Drawings") from the city traffic engineer;

1. 3. Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and

1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches ( collectively, the " Approvals"), which will include compliance with City permit applications.

1. 5. Finalize the acquisition ofthe Approvals;

1. 6. Assist the Customer in developing a public awareness strategy, which may include media and educational materials;

1. 7. Develop the Violation Criteria in consultation with the Customer;

1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld;

1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches, including installation of updated cameras at current red light camera locations.

Packet Pg. 191 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

1. 10. Cause an electrical sub- contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations;

1. 11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System;

1.12. At the request of Customer, Redflex shall relocate an approach if it has been in operation for a minimum of 36 months and the decision to relocate has been mutually agreed upon by all parties. Ifthe parties mutually agree to relocate the approach, then such relocation shall commence no later than ninety ( 90) calendar days after such mutual agreement, and Redflex shall bear the cost and expense of such relocation. Ifthe parties cannot agree to relocate, then Customer shall have the right to demand removal of the approach, and Redflex shall remove the approach at its sole cost and expense within ninety (90) calendar days ofreceipt of written notice from Customer.

1. 13. Implement the use of the Redflex System at each of the Designated Intersection Approaches;

1. 14. Deliver the Materials to the Customer; and

1. 15. Provide updated equipment for the Red Light Camera Specialists:
a. ( 1) laptop computer and (1) desktop computer with (2) monitors 1) Color Printer Monthly provision of a single broadband connection of DSL or High Speed cable connection to the Redding Red Light Camera Program. Citation processing and citation issuance/re- issuance for Authorized Violations;

1. 16. Redflex shall provide training ( i) for up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Employees and other persons involved in the administration of the Program, ( ii) for up to sixteen (16) hours in the aggregate, ( iii) regarding the operation of the Redflex System and the Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation;
Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and ( WHERE APPLICABLE juvenile court personnel)

2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following ( in each case, unless otherwise stated below, at Customer' s sole expense) :

2. 1. 1. Appoint the Project Manager;

2. 1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities;
Packet Pg. 192 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

2. 1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Traffic Camera Safety Improvement Program;

2. 1.4. Provide assistance to Redflex in obtaining access to the records data ofthe Department of Motor Vehicles in Redflex' s capacity as an independent contractor to the Customer; and

2. 1. 5. Assist Redflex in seeking the Approvals

2. 1. 6. Provide reasonable access to the Customer' s properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Traffic Camera Safety Improvement Program;

2. 1. 7. Provide reasonable access to the personnel ofthe Customer and reasonable information about the specific operational requirements of such personnel for the purposes ofperforming training;

2. 1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials ( the " Materials") that the Customer will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date;

2. 1. 9. Assist Redflex in developing the Violation Criteria; and

2. 1. 10. Seek approval ofthe Enforcement Documentation.

2. 1.11. The Customer shall provide on an agreed upon frequency, without cost to Redflex, reports regarding the prosecution of Citations, the collection of fines, fees and other monies and available collision data, in such format and for such periods as Redflex may reasonably request.

2. 1. 12. Yellow Light Timing Review: The Customer is responsible to ensure that the yellow or amber light phase timing at all photo enforced intersections meets minimum standards according to Federal, State, and local laws, guidelines, and/or rules.

2. 1.13. Provide on-going. adequate electrical power in order to operate the systems.

2. 1.14. The Customer will allow Redflex to use existing conduit space as available.

2. 1.15. The Customer shall be responsible to provide and install LED traffic signal lights (yellow and red) at all enforced locations,

2. 1. 16. Customer will provide and install any required enforcement signage.

Packet Pg. 193 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "C"
Maintenance

1. All repair and maintenance of the Photo Red Light Enforcement Program and related equipment will be the sole responsibility and sole expense of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition.

2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of
city Traffic Engineering present.

3. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and instC). 1l such flash units.

4. Redflex may assign specific personnel to provide follow up assistance to the Customer in the form of the HELPDESK, a designated Customer Service Representative and a Director ofAccounts.

Packet Pg. 194 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "D"

COMPENSATION & PRICING
Fixed Monthlv Fee
Commencing on the first day ofthe Initial Term ofthis Agreement, the Customer shall be obligated to pay Redflex a fixed fee of $4,500 per month for the following Designated Intersection Approaches: Cypress Ave and Bechelli Lane, Cypress Ave and Bechelli Lane, Shasta St. and Market St., Market St. and Shasta St., Lake Blvd and Market Street, Pine St and Tehama St., Pine St and Shasta St. (if installed), Hilltop Drive and Cypress Ave (if installed), and $ 5, 700 per month per each Designated Intersection with up to four contiguous lanes as full remuneration for performing all of the services contemplated in this Agreement.

Cost Neutralitv.

Cost neutrality is assured to the Customer. The Customer will never be required to pay Redflex more than actual cash received.

The City shall be obligated to pay the cumulative balance invoiced by Redflex, which shall be deducted from the gross cash received and held by Redflex and payable to the City, in accordance with the terms set forth herein, to the extent the gross cash received and payable to the City exceeds the amount invoiced by Redflex. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to invoiced amounts, Redflex shall retain with each monthly billing cycle, an accounting of such gross receipts supporting the amount withheld from the Customer.

In consideration for the renewal of this contract Redflex shall nullify an agreed amount of remaining " Cost Neutrality" balance as of the date of the signing of this document.

1. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light violations for a period of 12 months from date of termination will be applied to such balance and paid to Redflex.

2. Payment will only be made by City up to the amount of cash received by the City through the collection of red light citations up to the amount currently due, and collected and managed by Redflex.

3. Cost neutrality is guaranteed except as follows:

If the authorized officer fails to approve verified violations by the due date;
If systems are de-activated due to City requirement other than road construction or Approach Relocation per Exhibit B Section 1. 12; Customer Operating Costs.

Packet Pg. 195 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Any gross cash receipts received by the Customer from Shasta County through the collection of red light citations shall first be applied to the Customer' s monthly program operating costs (" Customer Operating Costs") which has been established at $ 500.00 per Operational Approach per month. In order to ensure cost neutrality to the Customer, Customer shall only be obliged to pay Redflex from the gross cash receipts received from Shasta County after first withholding Customer Operating Costs. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to the invoiced amount, Customer will provide Redflex, with payments, an accounting of such amounts supporting non-payment of the full invoiced amount and balance remaining.

Example
Month 1
Gross Revenue to City for month
Withheld Operating Cost (7 x $500)
Balance
Redflex Invoice for month 1
Payment to Redflex
40,000
3, 500
36,500
42,000
36, 500
Check payable to Redflex for $36,500 with accounting as above. Remaining balance of 5, 500 carried forward under Cost Neutrality provision.

Month 2
Gross Revenue to City for month
Withheld Operating Cost (7 x $500)
Balance
Redflex Invoice month 2
Balance unpaid month 1
Total Outstanding
Payment to Redflex
56,000
3, 500
52,500
42,000
5, 500
47,500
47,500
Check payable to Redflex for $47,500 with accounting as above. No Remaining balance to carry forward this month under Cost Neutrality provisions and Customer retains balance of $5000.

BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:

Packet Pg. 196 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

1. Redflex construction will be able to utilize existing conduit for installation where space is available. If it is determined that new conduit must be installed the cost of the installation ofthe same shall be borne by Redflex.

2. Each year, on the anniversary date of the contract, the pricing will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average.

3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty ( 30) days after the invoice is received. A monthly late fee of 1. 5% is payable for amounts remaining unpaid 60 days from date of invoice.

4. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility ofRedflex

5. The on-going provision of any and all necessary electrical power to the Designated Intersection Approaches will be the sole responsibility ofthe Customer

6. The Customer shall require any and all employees who may operate or occupy the Equipped Motor Vehicles to complete a mandatory training program to insure that (a) the Equipped Motor Vehicles are operated in a safe manner and ( b) all warnings and instructions that accompany the Equipped Motor Vehicles are understood and heeded.

7. Redflex shall be solely responsible for installing required signage. Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority Signage"), including but not limited to the Vehicle Code, and Customer shall assist in determining the placement of such Signage. Redflex shall submit signage design drawings to the appropriate local authority for approval. Any changes or modifications to signage requirements will be the responsibility ofthe Customer.

8. Required Credit Card fees will not be considered to be revenue received and are the responsibility ofthe violator.

9. Term extension
Packet Pg. 197 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "E"
Additional Rights and Obligations
Redflex and the Customer shall respectively have the additional rights and obligations set forth below:

1. Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Photo Red Light Enforcement Program ( actual print and production costs are the sole responsibility of the Customer).

2. The Customer shall not access the Redflex System or use the Photo Red Light Enforcement Program in any manner other than prescribe by law and which restricts or inhibits any other Person from using the Redflex System or the Photo Red Light Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable,. impair or overburden the Redflex System or the Traffic Camera Safety Improvement Program, and the Customer shall not attempt to gain unauthorized access to ( i) any account of any other Person, ( ii) any computer systems or networks connected to the Redflex System, or ( iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any ofthe foregoing.

3. The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Traffic Camera Safety Improvement Program.

4. Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, Redflex and the Customer shall obey any and all such rules and regulations.

5. The Customer shall promptly reimburse Redflex for the cost ofrepairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents.

Packet Pg. 198 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "F"
Insurance

1. During the Term, Redflex shall procure and maintain at Redflex' s sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex' s subcontractors, agents, representatives and employees:

Commercial General Liability Insurance. Commercial General Liability Insurance with coverage limits of not less than One Million Dollars 1, 000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($ 2,000,000) Products-Completed Operations Aggregate and Two Million Dollars ($ 2,000,000) General Aggregate;
Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars 1, 000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non-owned and hired by Redflex;
Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($ 2,000,000) each and every claim and in the Aggregate; and
Workers' Compensation and Employer' s Liability Insurance. Workers' Compensation Insurance with coverage of not less than that required by the Labor Code of the State of California and Employer' s Liability Insurance with coverage of not less than One Million Dollars ($1, 000,000) per occurrence.

2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply:

The Customer Parties shall be named as additional insureds with respect to the Commercial General Liability insurance; and
The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance; and
Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies.

3. With respect to the insurance described in the foregoing Section of this Exhibit F, if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide 30 days written Packet Pg. 199 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach ofthis Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof.

4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms ofthis Agreement.

Packet Pg. 200 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "G"

FORM OF ACKNOWLEDGMENT AND CONSENT
This Acknowledgement and Cons~nt Form, dated ~ / ~ , 2012, is entered into by and between the City of Redding (the " City") and R~ ffic Systems, Inc., Redflex"), with reference to the Agreement between the City of Redding and Redflex Traffic Systems, Inc. for a Traffic Camera Safety Improvement Program, dated as of t, //2. , by and between the City and Redflex (the "Agreement").

1. Redflex has entered into a Credit Agreement, dated as of June 30, 2009 and as amended on or about August 9, 2011 (" the Credit Agreement"), with the Commonwealth Bank of Australia (" the Creditor") pursuant to which the Creditor has provided certain working capital to Redflex. Such working capital is needed by Redflex to perform its obligations to the City under the Agreement.

2. Pursuant to the Credit Agreement, Redflex granted to the Creditor a security interest in all of Redflex's personal property relevant to and associated with the Agreement with the City as collateral for the payment and performance of Redflex's obligations to the Creditor under the Credit Agreement. Such security interest applies to and covers all of Redflex's contract rights, including, without limitation, all of Redflex's rights and interests under the Agreement.

3. Redflex shall not, by virtue of the Credit Agreement, be relieved of any liability or obligation under the Agreement, and the Creditor has not assumed any liability or obligation of Redflex under the Agreement.

4. The City hereby acknowledges notice of, approves and consents, in full, to Redflex's grant of the aforementioned security interest in favor of the Creditor in all of Redflex's rights and interests under the Agreement pursuant to the Credit Agreement.

5. The City further acknowledges and agrees that this Acknowledgement and Consent Form shall be binding upon the City and shall inure to the benefit of the successors and permitted assigns of the Creditor, and to any replacement lenders, banks and/or financial institutions which refinance Redflex's obligations to the Creditor under the Credit Agreement.

SIGNATURE PAGE TO FOLLOW]
Packet Pg. 201 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) f
IN WITNESS WHEREOF, the City and Redflex have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. Approved as to form, content and legality:

The City: Redflex:

City ofRedding
BYX~~
Name: DICK DICKERSON
Title: MAYOR
J " Date:

J..I GK
1J OJErr/
V I ~ MA'ft:?,(.

The remainder ofthis page is left intentionally blank)
Packet Pg. 202 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) CITY 0 F CITY OF REDDING
REDDJ- 777 CYPRESS AVENUE, REDDING, CA 96001
CALIFO R N I A PO. Box 496071, REDDING, CA 96049-6071

OFFICE OF THE CITY CLERK

PAMELA MIZE, CITY CLERK

TERESA RUDOLPH, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
June 1, 2017
Redflex Traffic Systems, Inc.

Attn: Legal Department
5651 W. Talavi Blvd., Suite 200
Glendale, AZ 85306
SUBJECT: First Amendment to Exclusive Agreement, C-4649 Dear Ladies and Gentlemen:

Enclosed is one fully executed original of the above subject Amendment to Agreement by and between the City of Redding and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program.

If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4439.

Sincerely,
C6_,\ ca
Anette Cates
Executive Assistant
Enclosure
c: Lt. Brian Barner/RPD
Finance
Packet Pg. 203 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

FIRST AMENDMENT TO THE EXCLUSIVE AGREEMENT

BETWEEN THE CITY OF REDDING, CALIFORNIA AND
REDFLEX TRAFFIC SYSTEMS, INC. FOR

TRAFFIC CAMERA SAFETY IMPOROVEMENT PROGRAM
This First Amendment( the " First Amendment") to the Exclusive Agreement between the City of Redding, California and Red 1e Traffic Systems Inc. for Traffic Camera Safety Improvement Program is executed this I day of y 2017 ( the " Execution Date") by and between Redflex Traffic Systems, Inc. ( California) (" Redflex") California( and the City of Redding, the " City") (individually a" Party" and collectively the " Parties").

RECITALS
A. Redflex and the City previously entered into the Exclusive Agreement between the City of Redding, California and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program dated June 1, 2012 to provide automated red light photo enforcement in the City ( the Original Agreement"); B. The Initial Term ofthe Original Agreement expires on June 1, 2017; C. The City' s " Customer Operating Costs" outlined in the Original Agreement will change; and D. Redflex and the City desire to amend the Original Agreement to extend the Term, modify the City' s " Customer Operating Costs," and otherwise modify the Original Agreement as set forth below.

The parties agree as follows:

TERMS AND CONDITIONS

1. Term of Agreement. The City exercises its right to extend the Initial Term of the Original Agreement for both the first and the second consecutive two (2) year periods as set forth in Section 2 of the Original Agreement. The Renewal Term will commence on June 1, 2017 and expire on June 1, 2021.

2. Increased " Customer Operating Costs". Exhibit" D" to the Original Agreement is revoked in its entirety and the following substituted in its place:

THIS PART INTENTIONALLY LEFT BLANK]
ppf/j) se S-- 16-- 1
Packet Pg. 204 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT " D"

COMPENSATION & PRICING
Fixed Monthly Fee
As full remuneration for performing all of the services contemplated in this Agreement, Customer agrees to pay the following:

Customer shall be obligated to pay Redflex a fixed fee of $4,375 per month for the following Designated Intersection Approaches: Cypress Ave and Bechelli Lane, Cypress Ave and Bechelli Lane, Shasta St. and Market St., Market St. and Shasta St., Lake Blvd and Market Street, Pine St and Tehama St., Pine St and Shasta St. ( if installed), Hilltop Drive and Cypress Ave (ifinstalled).

Customer shall be obligated to pay Redflex a fixed fee of $5, 700 per month for each Designated Intersection Approach not listed or identified above.

Cost Neutrality.

Cost neutrality is assured to the Customer. The Customer will never be required to pay Redflex more than actual cash received.

The City shall be obligated to pay the cumulative balance invoiced by Redflex, which shall be deducted from the gross cash received and held by Redflex and payable to the City, in accordance with the terms set forth herein, to the extent the gross cash received and payable to the City exceeds the amount invoiced by Redflex. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to invoiced amounts, Redflex shall retain with each monthly billing cycle, an accounting of such gross receipts supporting the amount withheld from the Customer.

In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light violations for a period of 12 months from date of termination will be applied to such balance and paid to Redflex Payment will only be made by City up to the amount of cash received by the City through the collection of red light citations up to the amount currently due, and collected and managed by Redflex.

Cost neutrality is guaranteed except as follows:

Ifthe authorized officer fails to approve verified violations by the due date; If systems are de- activated due to City requirement other than road construction or Approach Relocation per Exhibit B Section 1. 12;
Customer Operating Costs.

Any gross cash receipts received by the Customer from Shasta County through the collection of red light citations shall first be applied to the Customer' s monthly program operating costs Customer Operating Costs") which has been established at Nine Hundred Dollars ($ 900.00) Packet Pg. 205 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) per Operational Approach per month. In order to ensure cost neutrality to the Customer, Customer shall only be obliged to pay Redflex from the gross cash receipts received from Shasta County after first withholding Customer Operating Costs. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to the invoiced amount, Customer will provide Redflex, with payments, an accounting of such amounts supporting nonpayment ofthe full invoiced amount and balance remaining.

Example
Month 1
Gross Revenue to City for month 40,000
Withheld Operating Cost ( 8 x $900) 7,200
Balance 32, 800
Redflex Invoice for month 1 42,000
Payment to Redflex 32, 800
Check payable to Redflex for Thirty Two Thousand Eight Hundred Dollars ($32, 800) with accounting as above. Remaining balance ofNine Thousand Two Hundred Dollars ($9,200) carried forward under Cost Neutrality provision.

Month 2
Gross Revenue to City for month 60,000
Withheld Operating Cost ( 8 x $900) 7,200
Balance 52,800
Redflex Invoice month 2 42,000
Balance unpaid month 1 9,200
Total Outstanding 51, 200
Payment to Redflex 51, 200
Check payable to Redflex for Fifty One Thousand Two Hundred Dollars ($51, 200) with accounting as above. No remaining balance to carry forward this month under the Cost Neutrality provisions, and Customer retains the balance of One Thousand Six Hundred Dollars 1, 600).

Business Assumptions for All Pricing Options:

1. Redflex construction will be able to utilize existing conduit for installation where space is available. If it is determined that new conduit must be installed the cost ofthe installation of the same shall be borne by Redflex.

2. Each year, on the anniversary date of the contract, the pricing will increase by the CPI. CPI will be derived from the publication of the U. S. Department of Labor Consumer Price Index for U.S. City average.

3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1. 5% is payable for amounts remaining unpaid 60 days from date of invoice.

Packet Pg. 206 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

4. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of Redflex

5. The on-going provision of any and all necessary electrical power to the Designated Intersection Approaches will be the sole responsibility ofthe Customer

6. The Customer shall require any and all employees who may operate or occupy the Equipped Motor Vehicles to complete a mandatory training program to insure that ( a) the Equipped Motor Vehicles are operated in a safe manner and ( b) all warnings and instructions that accompany the Equipped Motor Vehicles are understood and heeded.

7. Redflex shall be solely responsible for installing required signage. Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority (" Signage"), including but not limited to the Vehicle Code, and Customer shall assist in determining the placement of such Signage. Redflex shall submit signage design drawings to the appropriate local authority for approval. Any changes or modifications to signage requirements will be the responsibility of the Customer.

8. Required Credit Card fees will not be considered to be revenue received and are the responsibility of the violator.

9. Term extension
The amendment to Exhibit D as outlined in this First Amendment is not effective until June 1, 2017, and the terms of Exhibit D attached to the Original Agreement remain in effect until June 1, 2017.

3. Cost Neutrality Balance. The Parties agree that as of June 1, 2017, the City' s Cost Neutrality balance is Zero Dollars ($ 0.00). After June 1, 2017, unpaid invoices will accumulate as outlined in Exhibit D to the Original Agreement as revoked and replaced by this First Amendment. Nothing in this First Amendment shall be construed as relieving the City of its obligations under the Original Agreement to pay invoices sent by Redflex for current fees arising before June 1, 2017.

4. Notices. Section 9 of the Original Agreement is amended to change the notice address for Redflex to the following:

Redflex Traffic Systems, Inc.

Attn: Legal Department
5651 W. Talavi Blvd., Suite 200
Glendale, AZ 85306
Facsimile: ( 623) 207- 2056
Email: legaldepartmentgredflex.com
The amendment to Section 9 as outlined in this First Amendment is effective immediately, and all notices shall be served on Redflex at the address listed in this First Amendment.

5. Enforceability of Non-Amended Terms and Conditions. Except as expressly amended in this First Amendment, the terms and conditions of the Original Agreement shall remain in full force and effect. To the extent that this First Amendment conflicts with the terms and conditions of the Original Agreement, this First Amendment shall control. Any capitalized terms not defined in the First Amendment shall have the meanings ascribed to them in the Original Agreement.

Packet Pg. 207 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) SIGNATURE PAGE TO FOLLOW]
Packet Pg. 208 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) CITY OF REDDING, CALIFORNIA REDFLEX TRAFFIC SYSTEMS, INC. 771
Name: Brent Weaver Michael Fivi
City Mayor CEO and resident
ATTEST:
104 7-
7 Name: Pamela Mize
Position: City Clerk
Form Approved
tarry E. DeWalt
City Attorney
Signature Page to the First Amendment to the Exclusive Agreement Between the City of Redding, California and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program
Packet Pg. 209 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) e

CITY OF REDDING
777 CYPRESS AVENUE, REDDING, CA 96001
P.O. Box 496071, REDDING, CA 96049- 6071

PAMELA MIZE, CITY CLERK

SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
July 29, 2021
Redflex Trafic Systems, Inc
Attn: Legal Department
5651 W. Talavi Blvd, Suite 200
Glendale, AZ 85306
SUBJECT: Second Amendment to Exclusive Agreement for traffic control safety Improvement program, C- 4649
Dear Sir or Madam,
Enclosed please find the fully executed original of the above referenced Second Amendment to Exclusive Agreement for Traffic Control Safety Improvement Program by and between the City of Redding and Redflex Traffic Systems, Inc.

If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at( 530) 225- 4044.

Sincerely,
I
I
Joan Twomey
Executive Assistant
Enclosure
cc: Davis
Grannis
Packet Pg. 210 Attachment: Second Amendment - 2021 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

SECOND AMENDMENT

TO EXCLUSIVE AGREEMENT

BETWEEN

THE CITY OF REDDING, CALIFORNIA
AND
REDFLEX TRAFFIC SYSTEMS, INC.

FOR TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAM
This Second Amendment ( the " Second Amendment") to Agreement between the City of Redding, CA and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program is made by and between the City of Redding, CA ( the " Customer" or the " City"), and Redflex Traffic Systems, Inc.

Redflex") ( individually referred to as a " Party" and together referred to as the " Parties"). The Effective Date of this Second Amendment is June 01, 2021.

RECITALS
WHEREAS, the Parties executed the Exclusive Agreement between the City of Redding, California and Redflex Traffic Syste ns, Inc. for Traffic Camera Safety Improvement Program on June 1, 2012 to provide automated red light photo enforcement in the City( the" Original Agreement"); WHEARAS, the Original Agreement was amended on June 1, 2017 to extend the Initial Term and modify other program terms ( the " First Amendment") ( collectively, with the Original Agreement, the Agreement");
WHEREAS, Except as otherwise specifically amended herein in this Second Amendment, all other terms and conditions contained in the Agreement shall remain in full force and effect; WHEREAS, the Parties now desire to extend the Renewal Term and update the Notice address of the Agreement; and
NOW THEREFORE, the Parties hereby amend the Agreement as follows:

TERMS AND CONDITIONS
A. Term. Section 2, " Term," of the Agreement is hereby amended to add the following language:

The Renewal Term shall be extended for an additional one ( 1) year term commencing on June 1, 2021.

B. Notices. Section 9. 1 of the Agreement is hereby amended to change the Notice address for Redflex to the following:

Redflex Traffic Systems, Inc.

Attn: Legal Department
5651 W. Talavi Blvd., Suite 200
Glendale, AZ 85306
Facsimile: ( 623) 207- 2056
Email: legaldepartment a,redflex.com
C. Enforceability of Non- Amended Terms and Conditions. Except as expressly amended in this Second Amendment, the Terns and Conditions of the Agreement shall remain in full force and S
Packet Pg. 211 Attachment: Second Amendment - 2021 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) effect. To the extent that this Second Amendment conflicts with the terms of the Agreement, this Second Amendment shall control. Any capitalized terms not defined in this Second Amendment shall have the meanings ascribed to them in the Agreement.

Approved as to form, content and legality:

CITY OF REDDING, CALIFORNIA REDFLEX TRAFFIC YSTEMS, INC.

By: By:

Name: _
Kristen Schreder Name: *
Presidei Title:

Vice Mayor Title:

ATTEST''
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Packet Pg. 212 Attachment: Second Amendment - 2021 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Packet Pg. 213
Attachment: Third Amendment - 2022 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Packet Pg. 214
Attachment: Third Amendment - 2022 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to Bid Schedule No. 5180 (Job No. 2477), Eastside Road over Olney Creek Bridge Project (Project):
(1) Reject the apparent low bid by Stewart Engineering Inc. (SEI) as nonresponsive and award the project to the second low bidder Abacus Construction, Inc., in the amount of $3,703,683.84;
(2) Approve an additional $567,000 to cover the cost of contract administration and inspection fees and $645,000 for project development costs; (3) Approve $370,000 to provide construction contingency funding; (4) Authorize the City Manager to approve additional increases, in either the construction management or construction contingency amounts, up to a total of $15,000; and (5) Adopt Resolution approving and adopting the 42nd Amendment to City Budget Resolution No. 2021-078 appropriating $2,056,690 in federal grant funds and $1,380,390 in Transportation Impact Fee funds for the Project.

Fiscal Impact
The Eastside Road over Olney Creek Bridge Project (Project) is being funded by two sources which consist of the Federal Highway Bridge Program (HBP) and the City of Redding (City) Citywide Transportation Impact Fee Program (TIF). The HBP will fund 88.53 percent of the project while the remaining 11.47 percent will be through TIF. Since the bids were higher than the engineer’s estimated cost, staff will be working with California Department of Transportation (Caltrans) to obtain additional HBP funding for the project. Staff anticipates the HBP to fully fund its share of the project total costs based upon previous experience with other bridge HBP funded projects. Until those additional funds become available, the TIF will cover the costs above the estimate. Any additional HBP funds will be presented and budgeted in a separate resolution. The HBP funds being appropriated at this time are currently authorized funds that were not previously budgeted.

MEETING DATE: May 17, 2022
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(a)--Award Bid Schedule No. 5180 (Job No. 2477), Eastside Road over Olney Creek Bridge Project and Adopt Budget Resolution
Ryan Bailey, Assistant
Director of Public Works
Packet Pg. 215
Report to Redding City Council May 10, 2022
Re: 4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 2 Cost Summary
Item Estimated
Project Development Costs $ 645,000
Construction Contract + Contingency $ 4,073,683.84
Contract Administration, Inspection, Testing $ 567,000
Additional City Manager Authority $ 15,000
Total Project Costs $ 5,300,683.84
Project Budget $ 5,300,700
Project cost components are estimated, and some shifting of the funds may be necessary to balance the project within the approved budget.

Alternative Action
Without this project, the bridge will not be replaced, and unsafe conditions for pedestrians and motorists will remain. In addition, the City would be at risk of losing federal funds and may have to reimburse project development federal funds spent to date. The City Council has the following alternative actions:
• Choose not to award the bid for the Eastside Road over Olney Creek Bridge Project to the second low bidder Abacus Construction Inc (Abacus), determine that SEI, the low bidder, did make adequate Good Faith Efforts (GFE), and award the project to SEI. This may jeopardize current or future federal funding if the City is audited and the audit determines that SEI did not perform an adequate GFE.
• Choose not to award the bid for the Eastside Road over Olney Creek Bridge Project and re-advertise the project. This action would delay the project; thereby missing the 2022 construction season and potentially requiring staff to update current environmental permits which would further delay the project. Re-advertising the project would, most likely, increase the number of bids received, and there are no guarantees the low bidder will meet the project’s Disadvantaged Business Enterprise (DBE) goal or that it would perform an adequate Good Faith Effort (GFE).
• Provide staff with other direction.

Background/Analysis
Attached is a tabulation of bids opened on January 25, 2022. The low bid in the amount of $3,539,305 was received from SEI of Redding, California. Because the HBP grant funds are from a federal source, the City was required to establish a Disadvantaged Business Enterprise (DBE) participation goal specifically for the project, and a goal of 19 percent was established for this project. SEI did not achieve the goal, therefore, per federal regulations, the contractor must perform a Good Faith Effort (GFE) to be awarded the project. Staff’s evaluation of a bidder’s GFE is based on Section 9 of the Caltrans Local Assistance Procedures Manual (LAPM) as well as Appendix A of Title 49 CFR Part 26 of the Code of Federal Regulations (CFR). Staff performed the following process in GFE evaluation for SEI. • Staff received SEI GFE documentation per the specified five days after bid opening. • Staff received a bid protest letter (January 31, 2022) from the 2 nd low bidder, Abacus,
which did not provide any reasonable argument as to why the City should reject SEI’s bid. It simply stated that because SEI did not meet the goal regardless of an adequate Packet Pg. 216
Report to Redding City Council May 10, 2022
Re: 4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 3 GFE, SEI’s bid should be rejected and the project should be awarded to Abacus, which is not allowed per the CFR.
• Staff completed its GFE evaluation and determined that SEI did demonstrate an adequate GFE.
• Per LAPM Section 9.8 (Local Public Agency Responsibilities), because the project contract exceeds $2 million and the low bidder did not meet the DBE goal, the City must submit the low bidder’s GFE documentation to the Caltrans Division of Local Assistance (DLA). In addition, the City may not award the contract without receiving a memorandum from the DLA indicating that Caltrans has determined that the low bidder made a GFE. The City submitted SEI’s GFE to Caltrans District 2 DLA for review. • Staff received, via email from Caltrans District 2 DLA, a memorandum (March 2, 2022) stating that Caltrans did not concur with the City’s determination that SEI had demonstrated an adequate GFE and concluded that SEI did not demonstrate it performed a GFE. Caltrans DLA relies on Caltrans Office of Civil Rights (OCR) to perform the GFE evaluations.
• Staff received the Abacus DBE complaint on March 9, 2022. • Per LAPM Section 9.8, because Caltrans did not concur with the City, the City must take Caltrans feedback and re-evaluate the GFE. The City did re-evaluate SEI’s GFE and determined that SEI did not demonstrate an adequate GFE for the reasons noted in the reevaluation and a letter was sent to SEI dated March 21, 2022.

Therefore, in accordance with 49 CFR 26.53, the City must allow the bidder/offeror an opportunity for administrative reconsideration as outlined below:

1. As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made an adequate GFE to do so.

2. City decision on reconsideration must be made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal or make adequate GFE to do so.

3. The bidder/offeror must have the opportunity to meet in person with the City reconsideration official to discuss the issues of whether it met the goal or made an adequate GFE to do so.

4. City must send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make an adequate GFE to do so.

5. The result of the reconsideration process is not administratively appealable to the Department of Transportation.

The City’s March 21, 2022, letter to SEI was notification of the City’s determination and its right to reconsideration. SEI responded by email on March 21, 2022, requesting reconsideration and on March 28, 2022, provided the City with a written argument that it made an adequate GFE to meet the goal. The City acknowledged SEI’s request for reconsideration and began the reconsideration process as provided in the City’s letter to SEI, which was dated April 1, 2022.

The reconsideration hearing was held on April 14, 2022, and in attendance were SEI, two Reconsideration Officials (Officials), and staff. All parties agreed on the meeting format and presented positions regarding the SEI GFE to the Officials. After the reconsideration meeting, the Officials deliberated independently to make a final determination. The Officials’ final determination concluded that SEI did not perform an adequate GFE to meet the DBE participation goal for the reasons identified in the final GFE determination letter to SEI dated Packet Pg. 217
Report to Redding City Council May 10, 2022
Re: 4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 4 April 22, 2022. All correspondence is attached for reference. Therefore, SEI’s bid is deemed nonresponsive to the bid solicitation. It should be noted that a nonresponsive bid is not unusual in the industry, and in no way provides a reflection of the contractor’s ability to perform the work, nor does it reflect the quality of work or affect the ability to bid on future public works projects.

The City proceeded to evaluate the second low bidder, Abacus, of Redding, California in the amount of $3,703,683.84. The City reviewed Abacus’s proposal and DBE commitment form.

Abacus achieved a 23.18 percent participation goal, thereby exceeding the project goal of 19 percent. Since Abacus met the project DBE goal, the CFR does not require the bidder to submit a GFE, although one was provided by Abacus. Staff recommends awarding the project to the second low bidder, Abacus Construction, Inc. The engineer’s estimate was $2,929,351.17. Total project development costs for this project are estimated to be $645,000. Project development costs include engineering, surveying, right-of-way, environmental, and consultant services.

This project includes the replacement of the Eastside Road bridge over Olney Creek and the rehabilitation of the approach roadway. The work will include removal of the existing bridge in stages, construction of a new bridge over two summer seasons, construction of retaining walls, sidewalk, curb and gutter, utility relocation, roadway construction, and other miscellaneous items of work.

On February 6, 2018, the Council adopted the Mitigated Negative Declaration (MND) and the Mitigation Monitoring Program (MMP) and approved the project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines Section 15074 (CEQA).

Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
^Resolution
^Location Map
^Bid Tab
^Mitigated Negative Declaration
01-31-2022 Abacus BS 5180 Protest of Apparent Low Bidder 02-15-2022 Stewart GFE Evaluation Final
03-02-2022 Caltrans GFE Memo
03-09-2022 Abacus DBE Complaint Form
03-21-2022 COR GFE Letter to SEI
03-21-2022 Stewart GFE Re-Evaluation final
03-28-2022 SEI Response Letter to GFE Evaluation
04-01-2022 COR Response to SEI GFE Evaluation Letter
04-01-2022 COR Reconsideration Meeting Letter
04-22-2022 COR SEI GFE Reconsideration Final Determination Letter Title 49 CFR 26.53
Title 49 CFR 26.53 Appendix A
Caltrans LAPM Section 9.8
Packet Pg. 218
RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 42ND AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021-078
APPROPRIATING $3,437,080 FOR THE EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT FOR FISCAL YEAR 2021-22

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2021-078 be and is hereby amended as follows:

FUND DIVISION DESCRIPTION INCREASE DECREASE
128
128
563
566

Traffic Impact Fee Capital
Transportation Grant Projects
$1,380,390
$2,056,690
THAT account titles and numbers requiring adjustments by this Resolution are as follows:

USE SOURCE

OF FUNDS OF FUNDS
Decrease (Increase) Beginning Balance
128-563-1-0001-01 Beginning Balance $ 1,380,390
Increase (Decrease) Revenue
128-566-6-2650-18 Federal Grant - Capital - Transportation $2,056,690 Increase Expenditures
128-563-4908-10 Eastside/Olney Bridge $1,380,390
128-566-4908-10 Eastside/Olney Bridge $ 2,056,690
Total $ 3,437,080 $ 3,437,080
THAT the purpose is to appropriate $3,437,080 for the Eastside Road over Olney Creek bridge project for fiscal year 2021-22.

Packet Pg. 219 Attachment: ^Resolution (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVAL:

PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 220 Attachment: ^Resolution (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)

CITY OF REDDING

LOCATION MAP

EXHIBIT A

EASTSIDE RD AT OLNEY CREEK BRIDGE

REPLACEMENT PROJECT PUBLIC WORKS

DEPARTMENT

LOCATION

PROJECT
Packet Pg. 221 Attachment: ^Location Map (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT Bid Schedule No.: 5180
Job No.: 2477 ENGINEER'S EST Stewart Engineering, Inc.* Abacus Construction, Inc. 1/25/2022 UNIT UNIT UNIT

ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 CONSTRUCTION SURVEYING & STAKING LS 1 $20,000.00 $20,000.00 $17,890.00 $17,890.00 $21,275.00 $21,275.00 2 PROGRESS SCHEDULE (CRITICAL PATH
METHOD) LS 1 $10,000.00 $10,000.00 $10,200.00 $10,200.00 $4,025.00 $4,025.00 3 CONSTRUCTION AREA SIGNS LS 1 $34,000.00 $34,000.00 $9,540.00 $9,540.00 $10,925.00 $10,925.00 4 TRAFFIC CONTROL SYSTEM LS 1 $100,000.00 $100,000.00 $28,300.00 $28,300.00 $24,150.00 $24,150.00 5 TYPE III BARRICADE EA 12 $150.00 $1,800.00 $149.00 $1,788.00 $69.00 $828.00 6 TEMPORARY PAVEMENT MARKING (PAINT) SQFT 48 $40.00 $1,920.00 $34.00 $1,632.00 $28.80 $1,382.40 7 TEMPORARY TRAFFIC STRIPE (PAINT) LF 618 $4.00 $2,472.00 $6.00 $3,708.00 $5.20 $3,213.60 8 CHANNELIZER (SURFACE MOUNTED) EA 66 $50.00 $3,300.00 $77.00 $5,082.00 $57.50 $3,795.00 9 TEMPORARY SIGNAL SYSTEM LS 1 $175,000.00 $175,000.00 $88,780.00 $88,780.00 $23,000.00 $23,000.00 10 PORTABLE CHANGEABLE MESSAGE SIGN (EA) EA 2 $3,500.00 $7,000.00 $11,670.00 $23,340.00 $4,312.50 $8,625.00 11 TEMPORARY RAILING (TYPE K) LF 1940 $40.00 $77,600.00 $14.50 $28,130.00 $25.10 $48,694.00 12 TEMPORARY ALTERNATIVE CRASH CUSHION EA 6 $25,000.00 $150,000.00 $2,220.00 $13,320.00 $2,587.50 $15,525.00 13 JOB SITE MANAGEMENT LS 1 $10,000.00 $10,000.00 $50,300.00 $50,300.00 $152,375.00 $152,375.00 14 PREPARE STORM WATER POLLUTION
PREVENTION PLAN LS 1 $6,000.00 $6,000.00 $4,145.00 $4,145.00 $718.80 $718.80 15 RAIN EVENT ACTION PLAN EA 12 $500.00 $6,000.00 $435.00 $5,220.00 $345.00 $4,140.00 16 MOVE-IN/MOVE-OUT (TEMPORARY EROSION
CONTROL) EA 2 $1,500.00 $3,000.00 $1,370.00 $2,740.00 $747.50 $1,495.00 17 TEMPORARY HYDRAULIC MULCH (BONDED
FIBER MATRIX) SQYD 1000 $1.50 $1,500.00 $2.75 $2,750.00 $2.70 $2,700.00 18 TEMPORARY FIBER ROLL LF 820 $7.00 $5,740.00 $8.50 $6,970.00 $9.20 $7,544.00 19 TEMPORARY SILT FENCE LF 240 $8.00 $1,920.00 $12.50 $3,000.00 $11.50 $2,760.00 20 TEMPORARY CONSTRUCTION ENTRANCE EA 2 $2,000.00 $4,000.00 $4,750.00 $9,500.00 $10,350.00 $20,700.00 21 TEMPORARY CONCRETE WASHOUT LS 1 $3,500.00 $3,500.00 $20,450.00 $20,450.00 $6,900.00 $6,900.00 22 WATER QUALITY MONITORING REPORT EA 10 $500.00 $5,000.00 $370.00 $3,700.00 $345.00 $3,450.00 23 TEMPORARY CREEK DIVERSION SYSTEMS LS 1 $25,000.00 $25,000.00 $134,430.00 $134,430.00 $61,985.00 $61,985.00 24 ASBESTOS COMPLIANCE PLAN LS 1 $6,000.00 $6,000.00 $22,720.00 $22,720.00 $3,450.00 $3,450.00 25 CONTRACTOR-SUPPLIED BIOLOGIST (LS) LS 1 $15,000.00 $15,000.00 $19,730.00 $19,730.00 $23,000.00 $23,000.00 26 TEMPORARY HIGH-VISIBILITY FENCE LF 1270 $4.00 $5,080.00 $7.00 $8,890.00 $8.90 $11,303.00 27 ROADWAY EXCAVATION CY 1021 $100.00 $102,100.00 $39.00 $39,819.00 $115.00 $117,415.00 28(F) STRUCTURE EXCAVATION (BRIDGE) CY 433 $75.00 $32,475.00 $226.00 $97,858.00 $107.00 $46,331.00 29(F) STRUCTURE EXCAVATION (TYPE D) CY 465 $80.00 $37,200.00 $67.00 $31,155.00 $113.40 $52,731.00 30(F) STRUCTURE EXCAVATION (RETAINING WALL) CY 32 $75.00 $2,400.00 $80.00 $2,560.00 $143.80 $4,601.60 31(F) STRUCTURE BACKFILL (BRIDGE) CY 429 $100.00 $42,900.00 $137.00 $58,773.00 $329.50 $141,355.50 32(F) STRUCTURE BACKFILL (RETAINING WALL) CY 50 $100.00 $5,000.00 $154.00 $7,700.00 $345.00 $17,250.00 33 6" SCHEDULE 40 PVC CONDUIT LF 880 $25.00 $22,000.00 $61.00 $53,680.00 $57.50 $50,600.00 34 BONDED FIBER MATRIX (SQFT) SQFT 5217 $0.15 $782.55 $1.00 $5,217.00 $0.90 $4,695.30 35 CLASS 2 AGGREGATE BASE (CY) CY 1063 $100.00 $106,300.00 $104.00 $110,552.00 $125.40 $133,300.20 36 HOT MIX ASPHALT (TYPE A) TON 776 $150.00 $116,400.00 $200.00 $155,200.00 $178.30 Packet Pg. 222 $138,360.80 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT Bid Schedule No.: 5180
Job No.: 2477 ENGINEER'S EST Stewart Engineering, Inc.* Abacus Construction, Inc. 1/25/2022 UNIT UNIT UNIT

ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 37 TEMPORARY SHORING LS 1 $20,000.00 $20,000.00 $98,320.00 $98,320.00 $57,500.00 $57,500.00 38(F) STRUCTURAL CONCRETE, BRIDGE FOOTING CY 108 $750.00 $81,000.00 $680.00 $73,440.00 $868.80 $93,830.40 39(F) STRUCTURAL CONCRETE, BRIDGE CY 268 $900.00 $241,200.00 $1,400.00 $375,200.00 $1,322.20 $354,349.60 40(F)

STRUCTURAL CONCRETE, BRIDGE (POLYMER
FIBER) CY 231 $1,000.00 $231,000.00 $1,690.00 $390,390.00 $983.10 $227,096.10 41(F) STRUCTURAL CONCRETE, RETAINING WALL CY 20 $900.00 $18,000.00 $1,700.00 $34,000.00 $1,205.60 $24,112.00 42(F)

STRUCTURAL CONCRETE, APPROACH SLAB
(TYPE EQ) CY 42 $1,200.00 $50,400.00 $1,250.00 $52,500.00 $1,335.10 $56,074.20 43(F) JOINT SEAL (MR 1") LF 120 $50.00 $6,000.00 $78.00 $9,360.00 $80.50 $9,660.00 44(F) BAR REINFORCING STEEL (BRIDGE) LB 135100 $1.85 $249,935.00 $1.75 $236,425.00 $1.90 $256,690.00 45(F) BAR REINFORCING STEEL (RETAINING WALL) LB 3800 $1.85 $7,030.00 $3.25 $12,350.00 $1.90 $7,220.00 46(F) BAR REINFORCING STEEL (GALVANIZED) LB 4450 $3.00 $13,350.00 $1.50 $6,675.00 $2.30 $10,235.00 47 REMOVE TREE EA 3 $750.00 $2,250.00 $1,100.00 $3,300.00 $2,875.00 $8,625.00 48 BRIDGE REMOVAL LS 1 $30,600.00 $30,600.00 $75,000.00 $75,000.00 $237,567.00 $237,567.00 49 36" REINFORCED CONCRETE PIPE LF 112 $315.00 $35,280.00 $615.00 $68,880.00 $425.10 $47,611.20 50 10" WELDED STEEL PIPE (.205" THICK) LF 20 $350.00 $7,000.00 $390.00 $7,800.00 $345.00 $6,900.00 51 12" WELDED STEEL PIPE (.105" THICK) LF 43 $365.00 $15,695.00 $243.00 $10,449.00 $230.00 $9,890.00 52 TYPE 1 STORM DRAIN MANHOLE EA 1 $2,500.00 $2,500.00 $16,875.00 $16,875.00 $12,075.00 $12,075.00 53 24" STORM DRAIN MANHOLE COVER
ASSEMBLY (STREET TYPE) EA 1 $800.00 $800.00 $1,420.00 $1,420.00 $1,150.00 $1,150.00 54 ABANDON ELECTRICAL CONDUIT EA 440 $20.00 $8,800.00 $9.50 $4,180.00 $9.20 $4,048.00 55 REMOVE STORM DRAIN LF 116 $15.00 $1,740.00 $55.00 $6,380.00 $74.89 $8,687.24 56 REMOVE 12" ASBESTOS CONCRETE
WATERLINE LF 459 $35.00 $16,065.00 $64.00 $29,376.00 $115.00 $52,785.00 57 ROCK SLOPE PROTECTION (1/4 T, Class V,
METHOD B) (CY) CY 230 $220.00 $50,600.00 $147.00 $33,810.00 $264.90 $60,927.00 58 ROCK SLOPE PROTECTION (20 lb, Class I,
METHOD B) (CY) CY 13 $300.00 $3,900.00 $295.00 $3,835.00 $238.00 $3,094.00 59 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 412 $15.00 $6,180.00 $45.00 $18,540.00 $10.40 $4,284.80 60 DETECTABLE WARNING SURFACE SQFT 21 $45.00 $945.00 $46.00 $966.00 $46.00 $966.00 61 MINOR CONCRETE (CURB AND GUTTER) CY 26 $1,000.00 $26,000.00 $1,140.00 $29,640.00 $1,092.50 $28,405.00 62 MINOR CONCRETE (DRIVEWAY) CY 31 $1,100.00 $34,100.00 $1,120.00 $34,720.00 $920.00 $28,520.00 63 MINOR CONCRETE (SIDEWALK) CY 28 $900.00 $25,200.00 $1,110.00 $31,080.00 $920.00 $25,760.00 64 MINOR CONCRETE (CURB RAMP) CY 3 $950.00 $2,850.00 $120.00 $360.00 $1,150.00 $3,450.00 65 REMOVE CONCRETE CURB AND SIDEWALK
(SQYD) SQYD 110 $50.00 $5,500.00 $50.00 $5,500.00 $69.00 $7,590.00 66 REMOVE CONCRETE DRIVEWAY SQYD 153 $50.00 $7,650.00 $9.00 $1,377.00 $46.00 $7,038.00 67(F) MISCELLANEOUS METAL (BRIDGE) LB 2410 $20.00 $48,200.00 $8.50 $20,485.00 $17.50 $42,175.00 Packet Pg. 223 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT Bid Schedule No.: 5180
Job No.: 2477 ENGINEER'S EST Stewart Engineering, Inc.* Abacus Construction, Inc. 1/25/2022 UNIT UNIT UNIT

ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 68 12" CLASS 250 DUCTILE IRON PIPE

WATERLINE AND FITTINGS (TEMPORARY
WATERLINE) LF 150 $130.00 $19,500.00 $200.00 $30,000.00 $402.50 $60,375.00 69 12" CLASS 250 DUCTILE IRON PIPE
WATERLINE AND FITTINGS LF 420 $130.00 $54,600.00 $240.00 $100,800.00 $425.50 $178,710.00 70 12" BUTTERFLY VALVE ASSEMBLY EA 3 $2,100.00 $6,300.00 $5,500.00 $16,500.00 $4,140.00 $12,420.00 71 FIRE HYDRANT INSTALLATION EA 1 $6,500.00 $6,500.00 $8,050.00 $8,050.00 $10,580.00 $10,580.00 72 FORCED BALANCE EXPANSION ASSEMBLY EA 1 $1,500.00 $1,500.00 $24,320.00 $24,320.00 $20,125.00 $20,125.00 73 COMBINATION AIR VALVE EA 1 $5,600.00 $5,600.00 $9,950.00 $9,950.00 $8,050.00 $8,050.00 74 PRESSURE TEST LS 1 $2,500.00 $2,500.00 $6,780.00 $6,780.00 $4,600.00 $4,600.00 75 PIPELINE DISINFECTION AND TESTING LS 1 $2,500.00 $2,500.00 $10,880.00 $10,880.00 $4,600.00 $4,600.00 76 ADJUST MANHOLE TO GRADE EA 2 $500.00 $1,000.00 $1,680.00 $3,360.00 $575.00 $1,150.00 77 UNDER SIDEWALK DRAIN EA 1 $1,500.00 $1,500.00 $2,300.00 $2,300.00 $2,070.00 $2,070.00 78 ADJUST SURVEY MONUMENT EA 2 $2,500.00 $5,000.00 $1,120.00 $2,240.00 $1,380.00 $2,760.00 79 RECONSTRUCT FENCE (TYPE CL-6) LF 240 $45.00 $10,800.00 $95.00 $22,800.00 $57.50 $13,800.00 80 PAVEMENT MARKER (RETROREFLECTIVE) EA 90 $14.00 $1,260.00 $27.00 $2,430.00 $33.30 $2,997.00 81 OBJECT MARKER (TYPE P) EA 5 $50.00 $250.00 $106.00 $530.00 $86.30 $431.50 82 REMOVE ROADSIDE SIGN EA 6 $150.00 $900.00 $120.00 $720.00 $172.50 $1,035.00 83 RELOCATE ROADSIDE SIGN-ONE POST EA 7 $250.00 $1,750.00 $230.00 $1,610.00 $258.80 $1,811.60 84 RELOCATE ROADSIDE SIGN-TWO POST EA 2 $350.00 $700.00 $720.00 $1,440.00 $460.00 $920.00 85(F) TUBULAR HANDRAILING LF 250 $80.00 $20,000.00 $125.00 $31,250.00 $294.50 $73,625.00 86(F) HANDRAILING LF 20 $200.00 $4,000.00 $660.00 $13,200.00 $421.80 $8,436.00 87(F) CONCRETE BARRIER (TYPE 732SW) LF 250 $220.00 $55,000.00 $420.00 $105,000.00 $264.60 $66,150.00 88 THERMOPLASTIC TRAFFIC STRIPE
(SPRAYABLE) LF 3210 $3.00 $9,630.00 $2.00 $6,420.00 $2.10 $6,741.00 89 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 815 $1.50 $1,222.50 $5.00 $4,075.00 $5.80 $4,727.00 90 MOBILIZATION LS 1 $287,019.12 $287,019.12 $325,000.00 $325,000.00 $327,750.00 $327,750.00 91 STORM WATER SAMPLING AND ANALYSIS
DAY EA 32 $530.00 $16,960.00 $524.00 $16,768.00 $345.00 $11,040.00 92 STORM WATER ANNUAL REPORT EA 3 $2,000.00 $6,000.00 $356.00 $1,068.00 $345.00 $1,035.00 93 WATER QUALITY SAMPLING AND ANALYSIS
DAY EA 12 $600.00 $7,200.00 $744.00 $8,928.00 $345.00 $4,140.00 94 WATER QUALITY ANNUAL REPORT EA 2 $1,000.00 $2,000.00 $742.00 $1,484.00 $345.00 $690.00 TOTAL - CONTRACT ITEMS $2,929,351.17 $3,539,305.00 $3,703,683.84 *Deemed nonresponsive.

Shaded areas indicate corrections made in accordance with the Special Provisions.

Packet Pg. 224 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180
Job No.: 2477
1/25/2022

ITEM DESCRIPTION UNIT QTY
1 CONSTRUCTION SURVEYING & STAKING LS 1
2 PROGRESS SCHEDULE (CRITICAL PATH
METHOD) LS 1
3 CONSTRUCTION AREA SIGNS LS 1
4 TRAFFIC CONTROL SYSTEM LS 1
5 TYPE III BARRICADE EA 12
6 TEMPORARY PAVEMENT MARKING (PAINT) SQFT 48
7 TEMPORARY TRAFFIC STRIPE (PAINT) LF 618
8 CHANNELIZER (SURFACE MOUNTED) EA 66
9 TEMPORARY SIGNAL SYSTEM LS 1
10 PORTABLE CHANGEABLE MESSAGE SIGN (EA) EA 2
11 TEMPORARY RAILING (TYPE K) LF 1940
12 TEMPORARY ALTERNATIVE CRASH CUSHION EA 6
13 JOB SITE MANAGEMENT LS 1
14 PREPARE STORM WATER POLLUTION
PREVENTION PLAN LS 1
15 RAIN EVENT ACTION PLAN EA 12
16 MOVE-IN/MOVE-OUT (TEMPORARY EROSION
CONTROL) EA 2
17 TEMPORARY HYDRAULIC MULCH (BONDED
FIBER MATRIX) SQYD 1000
18 TEMPORARY FIBER ROLL LF 820
19 TEMPORARY SILT FENCE LF 240
20 TEMPORARY CONSTRUCTION ENTRANCE EA 2
21 TEMPORARY CONCRETE WASHOUT LS 1
22 WATER QUALITY MONITORING REPORT EA 10
23 TEMPORARY CREEK DIVERSION SYSTEMS LS 1
24 ASBESTOS COMPLIANCE PLAN LS 1
25 CONTRACTOR-SUPPLIED BIOLOGIST (LS) LS 1
26 TEMPORARY HIGH-VISIBILITY FENCE LF 1270
27 ROADWAY EXCAVATION CY 1021
28(F) STRUCTURE EXCAVATION (BRIDGE) CY 433
29(F) STRUCTURE EXCAVATION (TYPE D) CY 465
30(F) STRUCTURE EXCAVATION (RETAINING WALL) CY 32
31(F) STRUCTURE BACKFILL (BRIDGE) CY 429
32(F) STRUCTURE BACKFILL (RETAINING WALL) CY 50
33 6" SCHEDULE 40 PVC CONDUIT LF 880
34 BONDED FIBER MATRIX (SQFT) SQFT 5217
35 CLASS 2 AGGREGATE BASE (CY) CY 1063
36 HOT MIX ASPHALT (TYPE A) TON 776
J.F. Shea Construction, Inc. MCM Construction, Inc. Steelhead Constructors

UNIT UNIT UNIT

PRICE TOTAL PRICE TOTAL PRICE TOTAL
$27,500.00 $27,500.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $6,600.00 $6,600.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $8,800.00 $8,800.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $58,000.00 $58,000.00 $25,000.00 $25,000.00 $40,000.00 $40,000.00 $165.00 $1,980.00 $105.00 $1,260.00 $80.00 $960.00
$27.50 $1,320.00 $30.00 $1,440.00 $25.00 $1,200.00
$5.00 $3,090.00 $5.00 $3,090.00 $4.50 $2,781.00
$44.00 $2,904.00 $75.00 $4,950.00 $54.00 $3,564.00
$50,600.00 $50,600.00 $65,000.00 $65,000.00 $100,000.00 $100,000.00 $19,305.00 $38,610.00 $15,000.00 $30,000.00 $15,000.00 $30,000.00 $21.55 $41,807.00 $34.00 $65,960.00 $30.00 $58,200.00
$2,200.00 $13,200.00 $4,500.00 $27,000.00 $6,000.00 $36,000.00 $21,000.00 $21,000.00 $50,000.00 $50,000.00 $35,000.00 $35,000.00 $3,300.00 $3,300.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $275.00 $3,300.00 $400.00 $4,800.00 $170.00 $2,040.00
$715.00 $1,430.00 $1,300.00 $2,600.00 $800.00 $1,600.00 $2.53 $2,530.00 $5.00 $5,000.00 $3.00 $3,000.00
$13.80 $11,316.00 $7.00 $5,740.00 $5.00 $4,100.00
$28.50 $6,840.00 $11.00 $2,640.00 $7.00 $1,680.00
$6,125.00 $12,250.00 $7,000.00 $14,000.00 $2,500.00 $5,000.00 $11,000.00 $11,000.00 $5,500.00 $5,500.00 $2,600.00 $2,600.00 $343.30 $3,433.00 $325.00 $3,250.00 $330.00 $3,300.00
$99,000.00 $99,000.00 $50,000.00 $50,000.00 $75,000.00 $75,000.00 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $28,500.00 $28,500.00 $75,000.00 $75,000.00 $17,000.00 $17,000.00 $7.00 $8,890.00 $7.00 $8,890.00 $5.50 $6,985.00
$71.00 $72,491.00 $105.00 $107,205.00 $120.00 $122,520.00 $109.00 $47,197.00 $140.00 $60,620.00 $430.00 $186,190.00 $310.00 $144,150.00 $265.00 $123,225.00 $890.00 $413,850.00 $155.00 $4,960.00 $120.00 $3,840.00 $260.00 $8,320.00
$161.00 $69,069.00 $225.00 $96,525.00 $350.00 $150,150.00 $208.00 $10,400.00 $160.00 $8,000.00 $160.00 $8,000.00
$19.00 $16,720.00 $65.00 $57,200.00 $68.00 $59,840.00
$1.00 $5,217.00 $2.00 $10,434.00 $1.00 $5,217.00
$90.00 $95,670.00 $95.00 $100,985.00 $87.00 $92,481.00
$180.00 $139,680.00 $200.00 $155,200.00 $200.00Packet Pg. 225 $155,200.00Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180
Job No.: 2477
1/25/2022

ITEM DESCRIPTION UNIT QTY
37 TEMPORARY SHORING LS 1
38(F) STRUCTURAL CONCRETE, BRIDGE FOOTING CY 108
39(F) STRUCTURAL CONCRETE, BRIDGE CY 268
40(F)

STRUCTURAL CONCRETE, BRIDGE (POLYMER
FIBER) CY 231
41(F) STRUCTURAL CONCRETE, RETAINING WALL CY 20
42(F)

STRUCTURAL CONCRETE, APPROACH SLAB
(TYPE EQ) CY 42
43(F) JOINT SEAL (MR 1") LF 120
44(F) BAR REINFORCING STEEL (BRIDGE) LB 135100
45(F) BAR REINFORCING STEEL (RETAINING WALL) LB 3800
46(F) BAR REINFORCING STEEL (GALVANIZED) LB 4450
47 REMOVE TREE EA 3
48 BRIDGE REMOVAL LS 1
49 36" REINFORCED CONCRETE PIPE LF 112
50 10" WELDED STEEL PIPE (.205" THICK) LF 20
51 12" WELDED STEEL PIPE (.105" THICK) LF 43
52 TYPE 1 STORM DRAIN MANHOLE EA 1
53 24" STORM DRAIN MANHOLE COVER
ASSEMBLY (STREET TYPE) EA 1
54 ABANDON ELECTRICAL CONDUIT EA 440
55 REMOVE STORM DRAIN LF 116
56 REMOVE 12" ASBESTOS CONCRETE
WATERLINE LF 459
57 ROCK SLOPE PROTECTION (1/4 T, Class V,
METHOD B) (CY) CY 230
58 ROCK SLOPE PROTECTION (20 lb, Class I,
METHOD B) (CY) CY 13
59 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 412
60 DETECTABLE WARNING SURFACE SQFT 21
61 MINOR CONCRETE (CURB AND GUTTER) CY 26
62 MINOR CONCRETE (DRIVEWAY) CY 31
63 MINOR CONCRETE (SIDEWALK) CY 28
64 MINOR CONCRETE (CURB RAMP) CY 3
65 REMOVE CONCRETE CURB AND SIDEWALK
(SQYD) SQYD 110
66 REMOVE CONCRETE DRIVEWAY SQYD 153
67(F) MISCELLANEOUS METAL (BRIDGE) LB 2410
J.F. Shea Construction, Inc. MCM Construction, Inc. Steelhead Constructors

UNIT UNIT UNIT

PRICE TOTAL PRICE TOTAL PRICE TOTAL
$56,500.00 $56,500.00 $130,000.00 $130,000.00 $10,000.00 $10,000.00 $1,500.00 $162,000.00 $1,000.00 $108,000.00 $975.00 $105,300.00 $1,275.00 $341,700.00 $2,600.00 $696,800.00 $2,500.00 $670,000.00 $2,372.00 $547,932.00 $1,750.00 $404,250.00 $800.00 $184,800.00 $5,075.00 $101,500.00 $2,000.00 $40,000.00 $2,100.00 $42,000.00 $2,765.00 $116,130.00 $2,200.00 $92,400.00 $1,650.00 $69,300.00 $82.00 $9,840.00 $75.00 $9,000.00 $130.00 $15,600.00
$1.76 $237,776.00 $1.75 $236,425.00 $2.00 $270,200.00
$3.18 $12,084.00 $3.00 $11,400.00 $3.50 $13,300.00
$1.42 $6,319.00 $2.00 $8,900.00 $1.50 $6,675.00
$2,060.00 $6,180.00 $2,500.00 $7,500.00 $830.00 $2,490.00 $96,000.00 $96,000.00 $125,000.00 $125,000.00 $140,000.00 $140,000.00 $542.00 $60,704.00 $350.00 $39,200.00 $790.00 $88,480.00 $540.00 $10,800.00 $400.00 $8,000.00 $250.00 $5,000.00
$614.00 $26,402.00 $500.00 $21,500.00 $540.00 $23,220.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00 $17,000.00 $17,000.00 $2,465.00 $2,465.00 $3,000.00 $3,000.00 $660.00 $660.00 $11.00 $4,840.00 $55.00 $24,200.00 $5.00 $2,200.00
$98.00 $11,368.00 $180.00 $20,880.00 $25.00 $2,900.00
$80.00 $36,720.00 $200.00 $91,800.00 $79.00 $36,261.00
$120.00 $27,600.00 $425.00 $97,750.00 $160.00 $36,800.00 $538.00 $6,994.00 $1,100.00 $14,300.00 $290.00 $3,770.00 $4.50 $1,854.00 $12.00 $4,944.00 $12.00 $4,944.00
$44.00 $924.00 $80.00 $1,680.00 $49.00 $1,029.00
$1,056.00 $27,456.00 $1,000.00 $26,000.00 $1,200.00 $31,200.00 $1,034.00 $32,054.00 $1,000.00 $31,000.00 $1,200.00 $37,200.00 $1,023.00 $28,644.00 $1,000.00 $28,000.00 $1,100.00 $30,800.00 $1,100.00 $3,300.00 $1,100.00 $3,300.00 $1,200.00 $3,600.00 $58.00 $6,380.00 $120.00 $13,200.00 $37.00 $4,070.00
$43.00 $6,579.00 $110.00 $16,830.00 $37.00 $5,661.00
$20.00 $48,200.00 $15.00 $36,150.00 $42.00 $101,220.00
Packet Pg. 226 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180
Job No.: 2477
1/25/2022

ITEM DESCRIPTION UNIT QTY
68 12" CLASS 250 DUCTILE IRON PIPE

WATERLINE AND FITTINGS (TEMPORARY
WATERLINE) LF 150
69 12" CLASS 250 DUCTILE IRON PIPE
WATERLINE AND FITTINGS LF 420
70 12" BUTTERFLY VALVE ASSEMBLY EA 3
71 FIRE HYDRANT INSTALLATION EA 1
72 FORCED BALANCE EXPANSION ASSEMBLY EA 1
73 COMBINATION AIR VALVE EA 1
74 PRESSURE TEST LS 1
75 PIPELINE DISINFECTION AND TESTING LS 1
76 ADJUST MANHOLE TO GRADE EA 2
77 UNDER SIDEWALK DRAIN EA 1
78 ADJUST SURVEY MONUMENT EA 2
79 RECONSTRUCT FENCE (TYPE CL-6) LF 240
80 PAVEMENT MARKER (RETROREFLECTIVE) EA 90
81 OBJECT MARKER (TYPE P) EA 5
82 REMOVE ROADSIDE SIGN EA 6
83 RELOCATE ROADSIDE SIGN-ONE POST EA 7
84 RELOCATE ROADSIDE SIGN-TWO POST EA 2
85(F) TUBULAR HANDRAILING LF 250
86(F) HANDRAILING LF 20
87(F) CONCRETE BARRIER (TYPE 732SW) LF 250
88 THERMOPLASTIC TRAFFIC STRIPE
(SPRAYABLE) LF 3210
89 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 815
90 MOBILIZATION LS 1
91 STORM WATER SAMPLING AND ANALYSIS
DAY EA 32
92 STORM WATER ANNUAL REPORT EA 3
93 WATER QUALITY SAMPLING AND ANALYSIS
DAY EA 12
94 WATER QUALITY ANNUAL REPORT EA 2

TOTAL - CONTRACT ITEMS
*Deemed nonresponsive.

Shaded areas indicate corrections made in accordance with the Special Prov J.F. Shea Construction, Inc. MCM Construction, Inc. Steelhead Constructors

UNIT UNIT UNIT

PRICE TOTAL PRICE TOTAL PRICE TOTAL
$455.00 $68,250.00 $725.00 $108,750.00 $870.00 $130,500.00 $315.00 $132,300.00 $325.00 $136,500.00 $410.00 $172,200.00 $5,025.00 $15,075.00 $6,000.00 $18,000.00 $6,100.00 $18,300.00 $11,115.00 $11,115.00 $13,000.00 $13,000.00 $12,000.00 $12,000.00 $22,400.00 $22,400.00 $19,000.00 $19,000.00 $23,000.00 $23,000.00 $9,750.00 $9,750.00 $7,000.00 $7,000.00 $6,200.00 $6,200.00 $17,000.00 $17,000.00 $10,000.00 $10,000.00 $8,100.00 $8,100.00 $6,375.00 $6,375.00 $18,000.00 $18,000.00 $2,100.00 $2,100.00 $2,525.00 $5,050.00 $12,000.00 $24,000.00 $930.00 $1,860.00 $2,200.00 $2,200.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,091.00 $4,182.00 $5,000.00 $10,000.00 $930.00 $1,860.00 $115.00 $27,600.00 $60.00 $14,400.00 $72.00 $17,280.00
$22.00 $1,980.00 $25.00 $2,250.00 $25.00 $2,250.00
$104.00 $520.00 $75.00 $375.00 $100.00 $500.00
$110.00 $660.00 $200.00 $1,200.00 $75.00 $450.00
$220.00 $1,540.00 $350.00 $2,450.00 $370.00 $2,590.00
$660.00 $1,320.00 $550.00 $1,100.00 $620.00 $1,240.00
$109.00 $27,250.00 $110.00 $27,500.00 $95.00 $23,750.00 $903.00 $18,060.00 $365.00 $7,300.00 $280.00 $5,600.00
$241.00 $60,250.00 $500.00 $125,000.00 $550.00 $137,500.00 $1.60 $5,136.00 $2.00 $6,420.00 $2.00 $6,420.00
$4.40 $3,586.00 $5.00 $4,075.00 $5.00 $4,075.00
$237,000.00 $237,000.00 $461,000.00 $461,000.00 $470,000.00 $470,000.00 $550.00 $17,600.00 $425.00 $13,600.00 $670.00 $21,440.00 $550.00 $1,650.00 $820.00 $2,460.00 $670.00 $2,010.00
$275.00 $3,300.00 $425.00 $5,100.00 $670.00 $8,040.00
$681.00 $1,362.00 $1,000.00 $2,000.00 $670.00 $1,340.00 $3,835,010.00 $4,640,243.00 $4,737,563.00
Packet Pg. 227 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180
Job No.: 2477
1/25/2022

ITEM DESCRIPTION UNIT QTY
1 CONSTRUCTION SURVEYING & STAKING LS 1
2 PROGRESS SCHEDULE (CRITICAL PATH
METHOD) LS 1
3 CONSTRUCTION AREA SIGNS LS 1
4 TRAFFIC CONTROL SYSTEM LS 1
5 TYPE III BARRICADE EA 12
6 TEMPORARY PAVEMENT MARKING (PAINT) SQFT 48
7 TEMPORARY TRAFFIC STRIPE (PAINT) LF 618
8 CHANNELIZER (SURFACE MOUNTED) EA 66
9 TEMPORARY SIGNAL SYSTEM LS 1
10 PORTABLE CHANGEABLE MESSAGE SIGN (EA) EA 2
11 TEMPORARY RAILING (TYPE K) LF 1940
12 TEMPORARY ALTERNATIVE CRASH CUSHION EA 6
13 JOB SITE MANAGEMENT LS 1
14 PREPARE STORM WATER POLLUTION
PREVENTION PLAN LS 1
15 RAIN EVENT ACTION PLAN EA 12
16 MOVE-IN/MOVE-OUT (TEMPORARY EROSION
CONTROL) EA 2
17 TEMPORARY HYDRAULIC MULCH (BONDED
FIBER MATRIX) SQYD 1000
18 TEMPORARY FIBER ROLL LF 820
19 TEMPORARY SILT FENCE LF 240
20 TEMPORARY CONSTRUCTION ENTRANCE EA 2
21 TEMPORARY CONCRETE WASHOUT LS 1
22 WATER QUALITY MONITORING REPORT EA 10
23 TEMPORARY CREEK DIVERSION SYSTEMS LS 1
24 ASBESTOS COMPLIANCE PLAN LS 1
25 CONTRACTOR-SUPPLIED BIOLOGIST (LS) LS 1
26 TEMPORARY HIGH-VISIBILITY FENCE LF 1270
27 ROADWAY EXCAVATION CY 1021
28(F) STRUCTURE EXCAVATION (BRIDGE) CY 433
29(F) STRUCTURE EXCAVATION (TYPE D) CY 465
30(F) STRUCTURE EXCAVATION (RETAINING WALL) CY 32
31(F) STRUCTURE BACKFILL (BRIDGE) CY 429
32(F) STRUCTURE BACKFILL (RETAINING WALL) CY 50
33 6" SCHEDULE 40 PVC CONDUIT LF 880
34 BONDED FIBER MATRIX (SQFT) SQFT 5217
35 CLASS 2 AGGREGATE BASE (CY) CY 1063
36 HOT MIX ASPHALT (TYPE A) TON 776
Viking Construction Company

UNIT UNIT UNIT

PRICE TOTAL PRICE TOTAL PRICE TOTAL
$30,000.00 $30,000.00
$8,500.00 $8,500.00
$10,000.00 $10,000.00
$20,000.00 $20,000.00
$150.00 $1,800.00
$5.00 $240.00
$5.00 $3,090.00
$50.00 $3,300.00
$50,000.00 $50,000.00
$18,000.00 $36,000.00
$35.00 $67,900.00
$6,500.00 $39,000.00
$50,000.00 $50,000.00
$2,000.00 $2,000.00
$350.00 $4,200.00
$1,400.00 $2,800.00
$3.50 $3,500.00
$3.00 $2,460.00
$3.00 $720.00
$8,500.00 $17,000.00
$10,000.00 $10,000.00
$400.00 $4,000.00
$150,000.00 $150,000.00
$4,000.00 $4,000.00
$75,000.00 $75,000.00
$4.00 $5,080.00
$105.00 $107,205.00
$150.00 $64,950.00
$775.00 $360,375.00
$200.00 $6,400.00
$290.00 $124,410.00
$290.00 $14,500.00
$90.00 $79,200.00
$1.00 $5,217.00
$85.00 $90,355.00
$175.00 $135,800.00 Packet Pg. 228 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180
Job No.: 2477
1/25/2022

ITEM DESCRIPTION UNIT QTY
37 TEMPORARY SHORING LS 1
38(F) STRUCTURAL CONCRETE, BRIDGE FOOTING CY 108
39(F) STRUCTURAL CONCRETE, BRIDGE CY 268
40(F)

STRUCTURAL CONCRETE, BRIDGE (POLYMER
FIBER) CY 231
41(F) STRUCTURAL CONCRETE, RETAINING WALL CY 20
42(F)

STRUCTURAL CONCRETE, APPROACH SLAB
(TYPE EQ) CY 42
43(F) JOINT SEAL (MR 1") LF 120
44(F) BAR REINFORCING STEEL (BRIDGE) LB 135100
45(F) BAR REINFORCING STEEL (RETAINING WALL) LB 3800
46(F) BAR REINFORCING STEEL (GALVANIZED) LB 4450
47 REMOVE TREE EA 3
48 BRIDGE REMOVAL LS 1
49 36" REINFORCED CONCRETE PIPE LF 112
50 10" WELDED STEEL PIPE (.205" THICK) LF 20
51 12" WELDED STEEL PIPE (.105" THICK) LF 43
52 TYPE 1 STORM DRAIN MANHOLE EA 1
53 24" STORM DRAIN MANHOLE COVER
ASSEMBLY (STREET TYPE) EA 1
54 ABANDON ELECTRICAL CONDUIT EA 440
55 REMOVE STORM DRAIN LF 116
56 REMOVE 12" ASBESTOS CONCRETE
WATERLINE LF 459
57 ROCK SLOPE PROTECTION (1/4 T, Class V,
METHOD B) (CY) CY 230
58 ROCK SLOPE PROTECTION (20 lb, Class I,
METHOD B) (CY) CY 13
59 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 412
60 DETECTABLE WARNING SURFACE SQFT 21
61 MINOR CONCRETE (CURB AND GUTTER) CY 26
62 MINOR CONCRETE (DRIVEWAY) CY 31
63 MINOR CONCRETE (SIDEWALK) CY 28
64 MINOR CONCRETE (CURB RAMP) CY 3
65 REMOVE CONCRETE CURB AND SIDEWALK
(SQYD) SQYD 110
66 REMOVE CONCRETE DRIVEWAY SQYD 153
67(F) MISCELLANEOUS METAL (BRIDGE) LB 2410
Viking Construction Company

UNIT UNIT UNIT

PRICE TOTAL PRICE TOTAL PRICE TOTAL
$150,000.00 $150,000.00
$980.00 $105,840.00
$1,600.00 $428,800.00
$2,000.00 $462,000.00
$1,700.00 $34,000.00
$1,800.00 $75,600.00
$120.00 $14,400.00
$2.00 $270,200.00
$2.00 $7,600.00
$1.50 $6,675.00
$1,500.00 $4,500.00
$120,000.00 $120,000.00
$975.00 $109,200.00
$400.00 $8,000.00
$350.00 $15,050.00
$10,500.00 $10,500.00
$3,500.00 $3,500.00
$10.00 $4,400.00
$550.00 $63,800.00
$170.00 $78,030.00
$225.00 $51,750.00
$275.00 $3,575.00
$5.00 $2,060.00
$40.00 $840.00
$1,050.00 $27,300.00
$1,050.00 $32,550.00
$1,050.00 $29,400.00
$1,000.00 $3,000.00
$65.00 $7,150.00
$50.00 $7,650.00
$15.00 $36,150.00
Packet Pg. 229 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR:

CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180
Job No.: 2477
1/25/2022

ITEM DESCRIPTION UNIT QTY
68 12" CLASS 250 DUCTILE IRON PIPE

WATERLINE AND FITTINGS (TEMPORARY
WATERLINE) LF 150
69 12" CLASS 250 DUCTILE IRON PIPE
WATERLINE AND FITTINGS LF 420
70 12" BUTTERFLY VALVE ASSEMBLY EA 3
71 FIRE HYDRANT INSTALLATION EA 1
72 FORCED BALANCE EXPANSION ASSEMBLY EA 1
73 COMBINATION AIR VALVE EA 1
74 PRESSURE TEST LS 1
75 PIPELINE DISINFECTION AND TESTING LS 1
76 ADJUST MANHOLE TO GRADE EA 2
77 UNDER SIDEWALK DRAIN EA 1
78 ADJUST SURVEY MONUMENT EA 2
79 RECONSTRUCT FENCE (TYPE CL-6) LF 240
80 PAVEMENT MARKER (RETROREFLECTIVE) EA 90
81 OBJECT MARKER (TYPE P) EA 5
82 REMOVE ROADSIDE SIGN EA 6
83 RELOCATE ROADSIDE SIGN-ONE POST EA 7
84 RELOCATE ROADSIDE SIGN-TWO POST EA 2
85(F) TUBULAR HANDRAILING LF 250
86(F) HANDRAILING LF 20
87(F) CONCRETE BARRIER (TYPE 732SW) LF 250
88 THERMOPLASTIC TRAFFIC STRIPE
(SPRAYABLE) LF 3210
89 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 815
90 MOBILIZATION LS 1
91 STORM WATER SAMPLING AND ANALYSIS
DAY EA 32
92 STORM WATER ANNUAL REPORT EA 3
93 WATER QUALITY SAMPLING AND ANALYSIS
DAY EA 12
94 WATER QUALITY ANNUAL REPORT EA 2

TOTAL - CONTRACT ITEMS
*Deemed nonresponsive.

Shaded areas indicate corrections made in accordance with the Special Prov Viking Construction Company

UNIT UNIT UNIT

PRICE TOTAL PRICE TOTAL PRICE TOTAL
$525.00 $78,750.00
$350.00 $147,000.00
$4,500.00 $13,500.00
$17,000.00 $17,000.00
$20,000.00 $20,000.00
$6,500.00 $6,500.00
$11,000.00 $11,000.00
$12,000.00 $12,000.00
$5,500.00 $11,000.00
$2,000.00 $2,000.00
$3,600.00 $7,200.00
$50.00 $12,000.00
$5.00 $450.00
$100.00 $500.00
$125.00 $750.00
$250.00 $1,750.00
$650.00 $1,300.00
$85.00 $21,250.00
$575.00 $11,500.00
$450.00 $112,500.00
$10.00 $32,100.00
$5.00 $4,075.00
$477,000.00 $477,000.00
$300.00 $9,600.00
$500.00 $1,500.00
$300.00 $3,600.00
$500.00 $1,000.00
$4,779,347.00
Packet Pg. 230 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 231
Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 232
Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 233
Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 234
Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 235
Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Abacus Construction, Inc / PO Box 761 / Palo Cedro CA, 96073 / (530) 215 3104 January 31, 2022
Attention: Mr. Chuck Aukland, P.E.

Subject: City of Redding Bid Schedule 5180 Protest of Apparent Low Bidder Mr. Aukland,
Please consider this letter a formal request to protest the apparent low bidder status of Steward Engineering, Inc (SEI) posted for COR Bid Schedule 5180.

Upon reviewing the list of Subcontractors provided with the bid documents, it became apparent that SEI did not meet the DBE participation goal of 19%.

Their total DBE participation claimed was $405,322.09 or 11.5% of the total bid price of $3,536,145.

By their own documentation, they received bids from qualified DBE subcontractors for Bid Items 87, 36 and 27. If these bids were to have been used the Contractor could have utilized an additional $206,102 towards the DBE Goal. Using this additional DBE commitment would have increased the DBE percentage to 17.3%.

Regardless of whether or not SEI did a proper Good Faith Effort to meet the DBE participation goal, it puts other Contractor’s at a bidding disadvantage to allow this bid to be used being that they received bids from DBE subcontractors and chose not to utilize them when they were still short of the Contract DBE participation goal.

Abacus Construction, Inc. had a DBE participation of 23.15% and met the Contract requirements for a Good Faith Effort.

We respectfully request that the City consider this information and award the Contract to Abacus Construction, Inc.

Please feel free to contact me directly with any questions regarding this issue.

Sincerely,
Jim Simonis, P.E.

Project Manager
Abacus Construction, Inc.

Packet Pg. 236 Attachment: 01-31-2022 Abacus BS 5180 Protest of Apparent Low Bidder (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 237
Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 238
Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 239
Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 240
Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 241
Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) State of California California State Transportation Agency

DEPARTMENT OF TRANSPORTATION
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Memorandum Making Conservation
a California Way of Life
To: ANNETTE GOUDEAU Date: March 2, 2022
Staff Service Analyst
Division of Local Assistance File: 02-BRLS-5068(036)

From: LAN NGUYEN
Transportation Engineer
Engineering Support Branch
Office of Civil Rights

Subject: CITY OF REDDING GOOD FAITH EFFORT EVALUATION
The City of Redding determined that the Disadvantaged Business Enterprise (DBE) contract goal for this project is 19%. According to the documentation provided by City of Redding, the DBE commitment listed the apparent lowest bidder, Stewart Engineering Inc. (Stewart Engineering), at 11.46% or $405,322.00 of the total bid for the Eastside Road Over Olney Creek Bridge Project.

Engineering Support Branch (ESB) has reviewed the submitted Disadvantaged Business Enterprises (DBE) forms from Stewart Engineering. The City of Redding determined that Stewart Engineering‘s DBE commitment of 11.46% or $405,322.00 did not meet the 19% contract goal.

ESB does not concur with City of Redding’s determination that Stewart Engineering did demonstrate adequate Good Faith Effort (GFE) to meet the contract goal.

According to the DBE Program, when a bidder has not committed to meet the contract goal, ESB evaluates the bidder’s good faith efforts using Appendix A of 49 CFR Part 26.

EVALUATION OF GOOD FAITH EFFORT DOCUMENTATION
The Good Faith Efforts (GFE) are all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation.

1. Outreach Efforts
In Part A of the “DBE Good Faith Efforts Documentation” form, the Contractor was asked to describe their outreach efforts, list the dates, location and results.

Stewart Engineering reached out to two publications and started their advertisements 18 days before bid opening for solicitation of DBE subcontractors and suppliers.

Packet Pg. 242 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036)