Agenda packet — Visalia City Council, December 19, 2022 (part 1 of 2)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, December 19, 2022

ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. NEW EMPLOYEE INTRODUCTIONS:

Community Development:

Mark Cummins: Building Inspector
Enrique Luna: Building Inspector
Keyshawn Ford: Assistant Engineer
22-0462

2. Project Update - Fleet Building Repairs 22-0464

3. Receive a presentation of Caltrans’ Caldwell Avenue and SR-99 Interchange project and provide feedback regarding the full closure of Caldwell Avenue at the interchange during proposed
construction. Authorize the Mayor to sign a letter of concurrence for the full closure of Caldwell Avenue at the interchange. 22-0438

4. Continue discussion on the Civic Center Phase II: Public Safety Office Building (PSOB), Police Services Building
(Evidence/Training/Crime Lab), and City Council Chambers Project and consider providing further direction on overall building aesthetic and architectural style.
22-0401

Page 1 of 4 ends

1 City Council Meeting Agenda - Final December 19, 2022

5. Receive presentation from Thorn Run Partners on 2022 national legislative activity and authorize City Manager to extend annual contract with this firm for one additional term.
22-0419
Time permitting, item 4 will be presented during the Work Session, otherwise the item will be moved and presented during the Regular Session.

ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE FOR FORMER MAYOR, BASIL PERCH

ITEMS OF INTEREST

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 22-0152

Page 2 of 4 ends

2 City Council Meeting Agenda - Final December 19, 2022

2. Consideration and action related to Groundwater Recharge Basin G at the East Side Regional Park (ESRP) Site Project: 1. authorize the City Manager to award the construction contract for RFB 20-21-38, to Emmett’s Excavation, Inc., in the amount of $5,150,913.50; 2. approve Change Order Number One for
miscellaneous scope changes in the reduction amount of
($582,069.00); 3. authorize the City Manager to award the construction management services to Vanir Construction
Management, Inc., in the amount of $122,190; 4. Authorize the City Manager to award the material testing services to Moore Twining Associates, Inc., in the amount of $48,129.50 and 5. appropriate approximately $958,100.00 from the funds identified in this staff report. (CIP No.3010-72000/CP0185-999).
22-0368

3. Award RFP 22-23-25 to Self-Help Enterprises to administer a Community Development Block Grant (CDBG) Coronavirus Aid Relief and Economic Security (CARES) Act (CDBG-CV)
Emergency Rental/Mortgage Assistance Program to working low-and moderate-income Visalia households who have been negatively financially impacted as a direct result of the Coronavirus Pandemic.
22-0374

4. Authorize the City Manager to enter into a purchase agreement with Motorola in the amount of $1,844,614 to replace radios and to perform software upgrades for Police, Fire, Code Enforcement, Animal Control, and Parks with encryption capabilities pursuant to State and Federal mandates; and appropriate an additional $427,614 which includes $20,000 for services required by Tulare County Information Technology Department. Motorola contract price made available through The Houston-Galveston Area Council (HGAC) RA05-21, a Cooperative Purchasing Program.
22-0396

5. Authorize the City Manager to execute a contract with the consulting firm of Griffin Structures, for construction management services for Phase 2 of the Visalia Civic Center Project for an amount not to exceed $1,469,834 and authorize the appropriation of $1.5M from the Civic Center Reserve Fund. (Project Number 3720-72000/CP0374-999).
22-0416

6. Adoption of Resolution 2022-63, the required biennial update of the list of City of Visalia designated employees and classifications for the purpose of compliance with Chapter 2.08 of the Ordinance Code of the City of Visalia specifying conflict of interest regulations. (Resolution 2022-63 required)
22-0437

7. Request authorization to file a notice of completion for Vista Del Sol subdivision containing 95 single-family residential lots located at the southeast corner of South Pinkham Street and East K Avenue.
22-0453

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3 City Council Meeting Agenda - Final December 19, 2022

8. Authorize the City Manager to execute the reimbursement agreement associated with phase one of the YS Industries Industrial Park project, located on the south side of West Riggin Avenue, approximately 600-feet east of North Kelsey Street (APN:
000-014-626)
22-0455

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Presentation on the Status of the Storm and Sewer Master Plan Updates and Introduction to the Nexus Study.
22-0412

2. Approve recommendation from Mayor Brian Poochigian regarding appointments of individuals to represent the Visalia City Council on various boards and committees.
22-0468

CLOSED SESSION REPORT

ADJOURNMENT

1. UPCOMING CITY COUNCIL MEETINGS:

Tuesday, January 17, 2023 @ 7:00 p.m., 707 W. Acequia
Monday, February 06, 2023 @ 7:00 p.m., 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for correct details.

In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired - Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services.

Any written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours. 22-0459

Page 4 of 4 ends

4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0462 Agenda Date: 12/19/2022 Agenda #: 1.

Agenda Item Wording:

NEW EMPLOYEE INTRODUCTIONS:

Community Development:

Mark Cummins: Building Inspector
Enrique Luna: Building Inspector
Keyshawn Ford: Assistant Engineer
Visalia City Council Printed on 12/16/2022Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0464 Agenda Date: 12/19/2022 Agenda #: 2.

Agenda Item Wording:

Project Update - Fleet Building Repairs
Visalia City Council Printed on 12/15/2022Page 1 of 1
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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0438 Agenda Date: 12/19/2022 Agenda #: 3.

Agenda Item Wording:

Receive a presentation of Caltrans’Caldwell Avenue and SR-99 Interchange project and provide feedback regarding the full closure of Caldwell Avenue at the interchange during proposed construction. Authorize the Mayor to sign a letter of concurrence for the full closure of Caldwell Avenue at the interchange.

Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Eric Bons, Senior Civil Engineer, [email protected], 713-4350 Frank Senteno, City Engineer, [email protected], 713-4331 Mohamad Annan, Caltrans Project Manager, [email protected], 365-0694 Nick Mascia, Assistant City Manager <mailto:>, [email protected], (559) 713-4323 Department Recommendation:

Receive a presentation of Caltrans’Caldwell Avenue and SR-99 Interchange project and provide feedback regarding the full closure of Caldwell Avenue at the interchange during construction.

Authorize the Mayor to sign a letter of concurrence for the full closure of Caldwell Avenue at the interchange.

Background Discussion:

Caltrans, in cooperation with the Tulare County Association of Governments (TCAG), propose to improve the Interchange located on State Route 99 at Avenue 280 (Caldwell Avenue). State Route 99 is a six-lane divided freeway and is planned as an 8-lane freeway.

The purpose of the project is to alleviate future traffic congestion, improve safety, and traffic operations at the interchange. This project will also provide operational performance at the interchange that is consistent with TCAG’s goals and is consistent with the land use and traffic circulation policies and objectives in the Tulare County and City of Visalia General Plans.

The project generally consists of widening the Caldwell overpass, construct roundabouts on each side of the interchange overpass’on and off ramps, and realignment of the frontage road along the east side of SR-99.

In order to reduce costs and construction duration, Caltrans is proposing to construct the main portion of the project (Overpass and roundabouts) under a full Caldwell Avenue closure option. This will prohibit any traffic on Caldwell over the bridge (overpass). Traffic will be detoured to use SR-198, Road 68, Avenues 260/264, and Akers Street as the main detour routes to get around the closure.

Access to SR-99 will be detoured to use Avenues 260/264, Betty Drive, and SR-198 (see attached Visalia City Council Printed on 12/15/2022Page 1 of 3
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7 File #: 22-0438 Agenda Date: 12/19/2022 Agenda #: 3.

Access to SR-99 will be detoured to use Avenues 260/264, Betty Drive, and SR-198 (see attached detour exhibit). This option will reduce the project duration and costs by reducing the number of construction phases, providing a substantial savings in traffic control and the overall project construction schedule.

During Stage 1 of construction Caltrans will relocate the alignment of Road 85B north of Caldwell Avenue to make way for the next construction stages. All the existing on and off ramps from SR-99 as well as Caldwell Avenue over SR-99 and the railroad will remain open during this construction stage. Stage 1 is tentatively 2 to 3 months in duration.

Stage 2 (approximately 10 of the 18-month construction period) of construction will close the all the existing on and off ramps from S/R 99 to Caldwell Avenue as well as preventing east and west crossing of SR 99 along Caldwell. Motorist utilizing Caldwell Avenue will make use of the posted detour from Sherman Way and Road 85A. However, it should be noted that the access to the gas station from the north bound SR-99 on and off ramp will be open but any access to Caldwell Avenue will be restricted. The improvements to Caldwell Avenue and the construction of the roundabouts will occur during this stage. The south bound SR-99 auxiliary lane, south bound off ramp, and the north bound on ramp will be constructed in this stage.

Stage 3 of construction will complete the SR-99 north bound auxiliary lane and a new north bound off ramp closing the access provided to the gas station during Stage 2. The north bound on and off ramps for Caldwell Avenue will remain closed. The south bound on and off ramps will have been completed and opened to Caldwell Avenue. In doing so, Caldwell Avenue over SR-99 and the railroad will also be completed and opened to traffic. The north bound on and off ramps will be opened at the end of stage 3. Stage 3 is tentatively 6 to 5 months in duration.

The project is in the design phase with an anticipated construction beginning in the Spring of 2024 with a project duration of approximately 18 months for a project completion in the Summer of 2025.

The alternative option is to phase the project so that traffic can continue to use Caldwell while the work is in progress. This is a more costly option and lengthier in duration.

A comparison of the two options is as follows.

Options Project Duration Project Cost Estimate
Option 1 - (Caldwell Avenue
closed to traffic)
18 months $68 million
Option 2 - (Caldwell Avenue open
to traffic)
28 months $74 million
Caltrans is currently requesting concurrence from its stakeholder agencies that include City of Visalia, City and County of Tulare to proceed with Option 1 thereby reducing costs and reducing project impacts due to a shortened project duration. If the City of Visalia is not in agreement with the Option 1 approach for the closure of Caldwell Avenue over SR-99, the cost of the construction would increase approximately $6 million and add an additional 10 months to the construction schedule. In addition, Caltrans would need to re-evaluate the method of construction and potentially some adjust to the design of the bridge structures over SR-99 and the railroad. Therefore, Caltrans is requesting concurrence with Option 1 to keep the total project costs reasonable and minimize the total project Visalia City Council Printed on 12/15/2022Page 2 of 3
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8 File #: 22-0438 Agenda Date: 12/19/2022 Agenda #: 3.
concurrence with Option 1 to keep the total project costs reasonable and minimize the total project duration.

Fiscal Impact:

This projected has a project budget of approximately $68 million. The project is funded by a Local Partnership Program (LPP) grant, the Regional Improvement Program (RIP), Measure R - Regional, and Congestion Mitigation and Air Quality (CMAQ) funds. No City local funds are being utilized towards this project.

Prior Council Action:

None
Other:

None
Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

I move to accept the presentation and authorize the Mayor to sign a letter of concurrence for the full closure of Caldwell Avenue at the interchange.

Environmental Assessment Status:

To be completed by Caltrans staff.

CEQA Review:

To be completed by Caltrans staff.

Attachments:

1. Location Map

2. Traffic Management Plan detour exhibit and construction stages

3. Draft Letter of Concurrence.

Visalia City Council Printed on 12/15/2022Page 3 of 3
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9 Demaree
Linwood
Tulare
Houston
Akers
Main
Chinowth
Goshen
Hwy 198
Rd 92
Akers
Hwy 99
Shannon
Riggin
Ferguson
Walnut
Woodland
Hurley
Whitendale
CountyCenter
County Center
Caldwell
Roeben
Campus
MineralKing
Ferguson
Demaree
Ave 308
Shirk
MillCreek
Riverway
American
Doe
Ave 280
Rd63
Ave 312
Visalia
Shirk
Pratt
Kelsey
Rd 108
Sunnyview
Goshen
Betty
Rd 86
Rd 76
Rd 108
Plaza
Kibler
Riggin
Rd 100
Rd 100
Rd 88
PlazaNoble
Ave 272
Ave 320
Rd 92
Ave 276
/ PROJECT LOCATION

PROJECT LOCATION MAP
Rd. 68
Ave 280
Rd. 68
Ave 272Hwy 99
Akers St
Akers StHwy 99
Caldwell Ave
Hwy 99
10 NOTES:
x
x
x
x
x
DistCOUNTYROUTEPOST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LAST REVISION

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.

Exp.

CIVIL

REG ISTERED
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ENGINEER
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REGISTERED CIVIL ENGINEER
TIME PLOTTED =>
DATE PLOTTED =>
11:16
19-SEP-2022

CHECKED BY

CALCULATED- REVISED BY

DATE REVISED

PLANS APPROVAL DATE
DATE

FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
R
08-18-22
USERNAME =>s147104
DGN FILE =>0616000029lb001.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0123
UNIT1513PROJECT NUMBER & PHASE06160000291 BORDER LAST REVISED 7/2/2010

NO SCALE
PLAN

MOTORIST INFORMATION
CLOSURE OF RTE 99
(DETOUR LAYOUT DURING
(STAGE 2 PHASE 1)
END
DETOUR
MESSAGE SIGN (PCMS).

PORTABLE CHANGEABLE

DIRECTION OF TRAFFIC
LEGEND:

1. TO BE DETERMINED BY THE ENGINEER.

EXACT LOCATION AND SIGN MESSAGE OF PCMS

2. 3.

4. BY THE ENGINEER.

EXACT SIGN LOCATIONS TO BE DETERMINED
ADDTIONAL CONSTRUCTION AREA SIGNS.

SEE CONSTRUCTION AREA SIGN PLANS FOR
PLACE 2 C2(CA) SIGNS ON CENTER BARRICADE.

PLACE TYPE III BARRICADE, MINIMUM 3 PER LANE.

APPROVED FOR MOTORIST INFORMATION WORK ONLY

TRA FFIC D ESIG N
MI-1
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Persian Ditch
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ROUTE 198

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STANDARD PLANS)
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NB 99 CLOSED

STANDARD PLANS)
NB 99 (PER CALTRANS

ON RAMP CLOSED TO

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SB 99 (PER CALTRANS

ON RAMP CLOSED TO

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SB 99 (PER CALTRANS

ON RAMP CLOSED TO NB AND
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(PER CALTRANS
Ave 280 CLOSED

STANDARD PLANS)
(PER CALTRANS
Ave 280 CLOSED
G28-1(CA)
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SYSTEMS 9a, 9b, 9c & 9d. REMOVE THE BARRICADES ON
CONSTRUCT DRIVE 85B ROADWAY INCLUDING DRAINAGE
BETWEEN STATION 17+15.1 TO STATION 23+19.20.

CONSTRUCT THE INFILTRATION DITCH NORTH OF CALDWELL
06-48740 CALDWELL INTERCHANGE TUL 99LAST UPDATE: 10/18/2022 ROUTE 99
RELOCATED DRIVE 85B
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CONVEYANCE/STORAGE DITCH

CONVEYANCE/STORAGE DITCH
1 2 3
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6 7
8 9
20 1
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WIDENED PORTION OF AVENUE 280 OC BR IS APPROXIMATELY 4-5 FEET HIGHER AT STATION 30+00, C1 ALIGNMENT THAN EXISTING STRUCTRE
PHASE 1CLOSEDOPENOPEN
PHASE 2OPENOPEN
STAGE 2SB OFF-RAMP
PHASE 3CLOSED
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PAVE TEMPORARY PAVEMENT ON EXIST DRIVE 85B FOR
STAGE-2 PHASE-1
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PAVE. STRIPE CALDWELL AVE AS SHOWN ON TRAFFIC
(ROADWAY) BUILD CURB AND GUTTER, SIDEWALKS AND
STATION 309+20.71 "A1". CONSTRUCT THIS STAGE
CONCRETE BARRIER FROM STATION 306+22.18 "A1" TO
WITH PERMANENT PAVEMENT. RECONSTRUCT MEDIAN
THE SB OFF RAMP AND NB ON RAMP TO STATION 18+00
TRUCK APRONS). CONSTRUCT THE SB AUXILIARY LANE AND

FINAL (INCLUDING RAISED MEDIAN AND ROUNDABOUT

SIDEWALK ALONG CALDWELL PAVE CALDWELL AVE TO

SOUTHSIDE AND NORTHSIDE CURB, CURB RAMPS AND
DRAINS ALONG THE SB OFF RAMP. CONSTRUCT THE
16a, 16b, 16c, 16d, 17a, 17b, 17c, 17d, AND ALL DOWN
13b, 13c, 13d, 14a, 14b, 14c, 14d, 15a, 15b, 15c, 15d,
11a, 11b, 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 13a,
10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n,
8c, 8d, 8e, 8f, 9a, 9b, 9c, 9d, 9e, 9f, 10a, 10b, 10c,
5i, 5j, 5k, 5l, 5m, 5n, 7a, 7b, 7c, 7d, 7e, 7f, 8a, 8b, 2d, 3a, 3b, 4a, 4b, 5a, 5b, 5c, 5d, 5e, 5d, 5f, 5g, 5h, INSTALL THE FOLLOWING DRAINAGE SYSTEMS: 2a, 2b, 2c,
REGRADE EXIST BASIN 1. CONSTRUCT BASIN 2 & BASIN 3.

AND CONSTRUCT MID VALLEY OH AND CALDWELL AVE OC.

EMBANKMENT INCLUDING EMBANKMENT BETWEEN OH AND OC
4, 5, 6, 7, 10 & RW 11. BUILD UP CALDWELL AVE
"A1" TO STATION 309+20.71 "A1". CONSTRUCT RW 1, 2,
MEDIAN CONCRETE BARRIER FROM STATION 306+22.18
CLOSE NO. 3 LANE SB RTE 99 MAINLINE. REMOVE EXIST
NORTH OF GAS STATION AND SOUTH OF CALDWELL AVE.

ACCESS ONLY. INSTALL BARRICADES ON EXIST DRIVE 85B
AND DRIVE 85A), RAMPS REMAIN OPEN FOR GAS STATION

DETOUR TO ACCESS CALDWELL AVE USING SHERMAN WAY

CLOSE NB ON/OFF-RAMP ACCESS TO CALDWELL AVE (USE
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LAST UPDATE: 10/03/2022

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06-48740 CALDWELL INTERCHANGE TUL 99
LEGEND:

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STAGE 3 - PHASE 2
RAMPS.

RW 8 & RW 9. PAVE, STRIPE THE NORTHBOUND ON AND OFF
RAMP AT APPROXIMATELY STATION "A1" 320+30, RT. CONSTRUCT SYSTEMS: SYSTEM 1, INSTALL HMA SPILLWAY ALONG THE NB ON THE NB OFF RAMP. CONSTRUCT THE FOLLOWING DRAINAGE

FINISH TIE IN FOR THE NORTHBOUND ON RAMP AND CONSTRUCT

RAMP (DEVELOP DETOUR)

CLOSE THE EXIST NB LOOP ON RAMP AND THE EXIST NB OFF
STAGE 3 -PHASE 2
293+00 "A1 LINE" WITH PERMANENT PAVEMENT.

CONSTRUCT THE NB AUXILIARY LANE AND SHOULDER TO STATION STAGE 3 -PHASE 1
PHASE 1
PHASE 2
STAGE 3SB OFF-RAMPSB ON-RAMP
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Page 1 of 1 ends

December 21, 2022 Reference No. 06-48740

Caltrans D6
Program Project Management
Mohamad Anna
2015 E Shields Avenue, Suite 100
Fresno, CA 93726

Re: 06-48740 CALDWELL AVENUE INTERCHANGE CONCURRENCE LETTER

Dear Mohamad Annan,

The City of Visalia has re viewed the t wo options for the construc tion of the Cald well Avenue Interchange at S/R 99. Option 1 is for the closure of Cal dwell Avenue over S/R 99 an d the railroad for approximately 10 months to construct the new overcrossings and the roundabouts on either side of the overcrossings. Option 2 is to have Caldwell Avenue over S/R 99 and the railroad open dur ing the entirety of the construction process.

The City of Vi salia is in concurrence with Option 1 for the closure of Caldwell Avenue over S/R 99 during the construction of the over crossing. The City of Visalia supports the sho rtened duration of the project construction schedu le and the anticipated cost savings associated wi th the closure of Caldwell Avenue for the construction of the overcrossings and associated roadway improvements.

The City of Visalia is willing to work with Caltr ans for the i mprovements to the Caldwell Avenue Interchange project which will be a benefit to the region and aligns with the City’s long range planning goals for this area.

Sincerely,

Mayor
City of Visalia

Cc: Project file

Attachment: City Council Regular Agenda Item No. __, dated December 19, 2022

City of Visalia Administration
315 E. Acequia, Visalia, CA 93291 FAX: (559) 713-4833 15 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0401 Agenda Date: 12/19/2022 Agenda #: 4.

Agenda Item Wording:

Continue discussion on the Civic Center Phase II: Public Safety Office Building (PSOB), Police Services Building (Evidence/Training/Crime Lab), and City Council Chambers Project and consider providing further direction on overall building aesthetic and architectural style.

Deadline for Action: 12/19/2022
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Jim Wirick, LPA Design Studios
Bob Petithomme, Darden Architects
Mike Porter, Civil Engineer, [email protected], (559)-713-4412 Jaklin Rowley, Assistant Engineer, [email protected], (559)-713-4369 Frank Senteno, City Engineer, [email protected], (559)-713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that City Council receive a presentation and have continued discussion regarding the Civic Center Phase II project and provide further direction as warranted.

Summary:

During the November 21st work session, City Council provided direction on the building locations and site plan. Following that meeting, City Staff and the Architect continued to develop the site plan and have reviewed various architectural building styles and aesthetics. Staff is requesting Council select one Architectural style from three different aesthetic options for development of the Civic Center.

Following this discussion, Staff will return to Council at a future date to discuss programing of the open space around the buildings and preview the final architectural elevations/style of the buildings.

Fiscal Impact:

No new impacts. Once design progresses, construction costs will be presented for consideration at a future date.

Prior Council Action:

November 21, 2022 - Council received an update and presentation on the site plan and provided direction on the building orientation.

October 17, 2022 - Council received an update and presentation on the Civic Center Phase 2, approved the site plan and floor plan layouts as recommended by the committee and accepted Visalia City Council Printed on 12/16/2022Page 1 of 2
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16 File #: 22-0401 Agenda Date: 12/19/2022 Agenda #: 4. approved the site plan and floor plan layouts as recommended by the committee and accepted comments from the Council on exhibit board options.

April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects August 8, 2021 - Council approved the committee recommendation to locate the City Council Chambers and PSOB as shown in the attached exhibit.

June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.

March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.

November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.

August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.

August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.

March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.

Other: N/A
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

Council may choose to provide Staff further direction on the building aesthetic and overall architectural style of the Civic Center
CEQA Review: N/A at this time
Attachments: Presentation
Visalia City Council Printed on 12/16/2022Page 2 of 2
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17 Visalia Civic Center
19 December 2022
18 MASTER PLAN
19 3
MASTER PLAN :

VECC
(2-LEVEL) CITY HALL
(3-LEVEL)

EVIDENCE
(1-LEVEL)
FUTURE
INDOOR
GUN
RANGE
(1-LEVEL)
PSOB
(2-LEVEL)

COUNCIL

CHAMBERS
(1-LEVEL)

C I V I C C A N O P Y
SECURE

PARKING
• Buildings
• PSOB (2-level)
• Evidence (1-level)
• Council Chambers (1-level)
• City Hall (3-level)
• Parking Required
• Secured
• 68 - VECC
• 192 - PSOB
• 17 – Evidence
• Public/Staff
• 216 – City Hall
• 44 – Council Chambers (shared)
• Parking Provided
• Secure
• 120 stalls +14 flex stalls
• 143 existing
• Public/Staff
• 16 – flex stalls
• 253 stalls
• 6 existing
• Parking Totals
• Secure
• 277 – REQUIRED
• 277 – PROVIDED
• Public/Staff
• 216 – REQUIRED
• 275 - PROVIDED
Recommended Plan
20 4
MASTER PLAN :

VECC
(2-LEVEL) CITY HALL
(3-LEVEL)

EVIDENCE
(1-LEVEL)
FUTURE
INDOOR
GUN
RANGE
(1-LEVEL)
PSOB
(2-LEVEL)

COUNCIL

CHAMBERS
(1-LEVEL)

C I V I C C A N O P Y
SECURE

PARKING
Recommended Plan
21 5
MASTER PLAN :

Site Sections
North -South Section
East -West Section
22 6
MASTER PLAN :

C I V I C C A N O P Y
VECC
(2-LEVEL)

CITY HALL
(3-LEVEL)

EVIDENCE
(1-LEVEL)
FUTURE
INDOOR
GUN
RANGE
(1-LEVEL)
PSOB
(2-LEVEL)

COUNCIL

CHAMBERS
(1-LEVEL)
• Aesthetic $$$
• .
• Aesthetic $$
• .
• Aesthetic $
• .

Aesthetic Strategy
23 AESTHETIC STYLES
24 8
CIVIC CENTER MASTER PLAN :
• Open
• Light
• Airy
• Clean Lines
A Sense of Place
25 9
“HONORING THE PAST”
26 10
AESTHETIC STYLES: Mission-Inspired (Traditional)
Mission -inspired
• Plaster
• Punched window openings
• Solid sunshade elements
• Deep recessed openings
• Traditional: Embracing history
27 11
AESTHETIC STYLES:

Mission-Inspired: Canopy OPT A
“HONORING THE PAST ”
28 12
AESTHETIC STYLES: Mission-Inspired: Canopy OPT B
“HONORING THE PAST ”
29 13
AESTHETIC STYLES: Mission-Inspired: Canopy OPT A
“HONORING THE PAST ”
30 14
AESTHETIC STYLES: Mission-Inspired: Canopy OPT B
“HONORING THE PAST ”
31 15
AESTHETIC STYLES:

Mission-Inspired: Canopy OPT B
“HONORING THE PAST ”
32 16
AESTHETIC STYLES:

Mission-Inspired: Canopy OPT A
“HONORING THE PAST ”
33 17
“EMBRACING TODAY”
34 18
AESTHETIC STYLES:

Prairie-Inspired (Natural)
Prairie -inspired
• Stone/textured finish
• Grouped window openings
• Textured concrete
• Light wood overhangs
• Natural: Of the Earth
35 19
AESTHETIC STYLES:

Prairie-Inspired (Natural)
“EMBRACING TODAY ”
36 20
AESTHETIC STYLES:

Prairie-Inspired (Natural)
“EMBRACING TODAY ”
37 21
AESTHETIC STYLES:

Prairie-Inspired (Natural)
“EMBRACING TODAY ”
38 22
AESTHETIC STYLES:

Prairie-Inspired (Natural)
“EMBRACING TODAY ”
39 23
AESTHETIC STYLES:

Prairie-Inspired (Natural)
“EMBRACING TODAY ”
40 24
AESTHETIC STYLES: Prairie-Inspired (Natural)
“EMBRACING TODAY ”
41 25
“LOOKING FORWARD”
42 26
AESTHETIC STYLES: Contemporary
Contemporary
• Banded window openings
• High -performance
• Reusable/renewable materials
• Operable windows
• Solar panels
• Sustainable: Off the Grid
43 27
AESTHETIC STYLES: Contemporary
“LOOKING FORWARD”
44 28
AESTHETIC STYLES:

Contemporary
“LOOKING FORWARD”
45 29
AESTHETIC STYLES:

Contemporary
“LOOKING FORWARD”
46 30
AESTHETIC STYLES:

Contemporary
“LOOKING FORWARD”
47 31
AESTHETIC STYLES:

Contemporary
“LOOKING FORWARD”
48 32
AESTHETIC STYLES:

Contemporary
“LOOKING FORWARD”
49 Thank You
50 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0419 Agenda Date: 12/19/2022 Agenda #: 5.

Agenda Item Wording:

Receive presentation from Thorn Run Partners on 2022 national legislative activity and authorize City Manager to extend annual contract with this firm for one additional term.

Deadline for Action: 12/19/2022
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, 4190
Department Recommendation:

Receive report and authorize the extension of the Thorn Run contract for an additional program year.

The current contract was approved on December 6, 2021, beginning on January 1, 2022, with the option of up to four (4) additional 1-year options. This will be the first of the options exercised (three more options remaining).

Background Discussion:

Greg Burns will provide an overview of federal legislative activity for the 2022 session and some of the strategies his firm employs as a legislative advocate for the City. Mr. Burns has come each year to Council to present an overview of the previous legislative session, to discuss the activity of interest to the City, and to give an overview of the legislative and regulatory environment at the Federal level.

Mr. Burns has been a very responsive representative for the City and has helped to establish contacts and gain insights from various federal agencies and officials on matters affecting the City.

The City Manager and Economic Development Manager work directly with Mr. Burns and when necessary, Mr. Burns meets with and provides insights to various other city staff. Some of the issues Mr. Burns and Thorn Run Partners have assisted the City with this year include:
- Efforts to secure federal grant support from multiple agencies - Seeking Congressionally-directed spending
- Engaging in the implementation of the Bipartisan Infrastructure Law and passage of the Inflation Reduction Act, which included beneficial language addressing the alternative fuel tax rebate for the City
- Engaging on the CHIPS Act given local industry relevance on the matter - The National Flood Insurance Program
- Affordable housing initiatives
- Electric bus incentives and local deployment
- Energy efficiency
- Drought and water resiliency issues
A contract for federal lobbyist services is in place with Thorn Run Partners and allows for up to four additional consecutive annual terms, “at the City’s option and upon mutually agreeable terms”. Staff is requesting Council approval to execute the contract option for 2023.The City has used the same Visalia City Council Printed on 12/16/2022Page 1 of 2
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51 File #: 22-0419 Agenda Date: 12/19/2022 Agenda #: 5. lead lobbyist since 2010.

Fiscal Impact:

There is no change to the annual contract amount from the prior year.

Prior Council Action: December 6, 2021 - authorized current contract with Thorn Run Partners Other: N/A
Alternatives: Per Council Direction
Recommended Motion (and Alternative Motions if expected):

I move to receive the federal lobbyist report and authorize the extension of the Thorn Run contract for an additional program year...end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Visalia 2022 review ppt., Thorn Run contract extension request letter Visalia City Council Printed on 12/16/2022Page 2 of 2
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52 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected]

December 5, 2022

Leslie Caviglia, City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292

Dear Leslie and members of the City Council:

Thank you very much for the opportunity to continue to represent the City of Visalia in Washington, D.C. I remain extremely proud of what we have achieved over many years and look forward to continuing our work together. I also look forward to discussing all of this with you during your December 19 Council meeting.

Over the past year , we have worked with the City on several important issues. These include successful efforts to secure federal grant support from multiple agencies, seeking Congressionally-directed spending, engaging in the implementation of the Bipartisan Infrastructure Law and passage of the Inflation Reduction Act, which included beneficial language addressing the alternative fuel tax rebate for the City, engaging on the CHIPS Act, the National Flood Insurance Program, affordable housing initiatives, electric bus incentives and local deployment, energy efficiency , and drought and water resiliency issues, among others. On these issues and more, the City has been an involved partner in supporting or opposing legislation, submitting federal agency comments, and leading discussion on a wide range of issues that impact residents’ daily lives.

As you will recall, during the years of our working together, the City has enjoyed many significant successes due to its engagement in Washington . From helping to retain th e Cigna call center to securing the renewal of a five-year cooperative agreement with the National Park Service to continue the Sequoia Shuttle, working to reduce flood insurance rates and increase private insurance options, ensuring thousands of additional residents do not have to purchase costly flood insurance with little likelihood of flooding , helping deliver millions of dollars in federal grants, assisting the City transition from partnering with the Essential Air Service program to securing a beneficial federal airport development grant , ensuring continuation of the alternative fuel tax rebate, fighting against significant daily rate increases by the National Park Service, and working on a host of other issues, our partnership has yielded significant and consistent results.

Over the next year, I look forward to continuing to provide the City with comprehensive f ederal representation on issues of importance in Washington. Our effort will include many of the issues we have worked over the past several years, new areas of interest the City may have, and other issues that may surface in Washington over the next year that will impact the City. Finally, we will assist the City in preparing and following up on applications for any applicable federal grants.

53 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected] To continue our work on behalf of the City, we propose a contract from January 1, 20 23, through December 31, 2023 for a monthly fee of $6,500 plus expenses, which we offer to cap at $3,000 for the year.

This is the same fee for which we have worked over the past several years.

Thank you again for the opportunity to represent the City of Visalia in Washington, D.C.

Sincerely,

Gregory D. Burns
54 Thorn Run Partners
City of Visalia
Federal Advocacy
Year in Review & Look Ahead
D e c e m b e r 1 9 , 2 0 2 2
55 2022 ELECTIONS WRAP-UP: WHERE THINGS ST AND
• Republicans won control of the House after Rep. Mike Garcia (R-CA)’s re-election clinched the necessary 218 seats needed to win the Speaker’s gavel next Congress. • With wins in Pennsylvania, Arizona, and Nevada, Democrats won control of the Senate in the 118th Congress and have a 51-seat majority after Georgia runoff. • Sen. Sinema’s defection doesn’t immediately change situation.

Republicans retake House
majority; Democrats maintain
control of Senate
• Kevin McCarthy is still likely to become Speaker . However , a smaller majority could add some additional layers of intrigue to Republican leadership races.
• Meanwhile, House Democrats elected fresh leadership as they head into a narrowly-divided 118th Congress.
• Senate leadership remains mostly unchanged.

New Leadership?
• GOP leadership is expected to pursue an aggressive oversight agenda for the 118th Congress. • President Biden’s bipartisan dealmaking abilities will face a tough test as the GOP positions itself for 2024. • However , lawmakers will still need to work together to reach deals on the debt ceiling, government funding, FAA reauthorization, the 2023 Farm Bill, and more. • Meanwhile, fully reopening the Capitol to the public will likely take a higher priority under Republican leadership in the 118th Congress.

Priorities for the 118th
Congress
56 THE 117TH CONGRESS IN REVIEW
 CHIPS and Science Act
 Bipartisan Infrastructure Law
 Bipartisan Safer Communities Act
 Same-Sex Marriage
 PACT Act
 Postal Service Reform Act
 Ocean Shipping Reform Act

BIPARTISAN ACCOMPLISHMENTS PENDING BIPARTISAN EFFORTS
Aside from the Democratic-only Inflation Reduction Act, Congress has clinched several bipartisan legislative “wins” over the past two years, and several more are in the works — some of which could be included in a year-end package.  Mental Health
 Averting Physician Pay Cuts
 Data Privacy
 Tax Extenders
 Retirement package
 Cannabis Banking
 Telehealth
 MIECHV Reauthorization

LIKEL YBIPARTISAN

ACCOMPLISHMENTS
 FY 2023 Appropriations Omnibus
 National Defense Authorization Act
 Water Resources Development Act
 Election Integrity
 Funding for Disaster Recovery
Efforts
57 VISALIA ACCOMPLISHMENTS: 2022
The City and broader region have enjoyed several “wins” over the past year.

Visalia Accomplishments:
• Alternative Fuel Tax Credit Extension via the Inflation Reduction Act • Extended through end of 2024
• Transitions to Clean Fuel Production Credit from 2025-2027 • Provides about $750,000 annual rebate for 2022, 2023, and 2024 for using natural gas as a motor vehicle fuel in the transit system
• Central Visalia Traffic Safety Action Plan (CVTSAP) earmark for sidewalk and bikeway improvements
• Requested by Sen. Padilla, unfortunately not funded in legislation • Energy Efficiency Community Development Block Grant
• $182,320 from the Bipartisan Infrastructure Law
• Economic Development Administration funding
• $4 million in ARPA funding for Riggin Ave. widening
• Fire Department funding via Assistance to Firefighters Grant • $59,345 for Operations & Safety activities
58 OTHER ACTIVITIES AND REGIONAL SUCCESSES: 2022
The City and broader region have enjoyed several “wins” over the past year.

Regional Successes:
• $23 million to Built 4 Scale workforce development program run by Fresno EOC, with participation from Visalia
Other Activities:
• Infrastructure Law Implementation – grant opportunities • Bill aiming to protect sequoias by Sens. Feinstein and Padilla and Rep.

McCarthy, among others
• Flood insurance
• Affordable housing
• Immigration Reform
59 NEW CONGRESSIONAL REPRESENT ATION FORVISALIA
Redistricting changed House Districts in California.

California District 21
Representative Jim Costa
California District 20
Representative (Speaker?) Kevin McCarthy
60 NEW CONGRESSIONAL REPRESENT ATION FORVISALIA
Redistricting changed House Districts in California.
61 HOUSE GOP POLICY PRIORITIES FOR THE 118TH CONGRESS
Energy &
Climate
Permitting
/NEPA
reforms
Recycling
Reform
Critical
Minerals
Mining
Fossil Fuel
Production
Natural
Disaster
Resilience
Forest
Management/
Conservation
Public
Welfare
Border
Security
School
Choice
Fentanyl
Police
Funding
Economy
ESG
Scrutiny
Digital
Asset
Regs
Domestic
Supply
Chain
Security
CFPB
Reform
Graham-
Leach-
Bliley
Reform
TCJA 2.0
Oversight
COVID-
19 Response
& Origin
Afghanistan
Withdrawal
Earmark
Reform
Foreign
Research
Funding
from IRA,
ARP, &
BIL
Robust
Oversight of
WH Officials
“Woke”
Corporations
Tech
Export
Control
Reform
Cybersecurity
Section
230
Reform
Data
Privacy &
Sharing
Standards
R&D Tax
Incentives
62 WHAT TO WATCH IN 2023
Despite the return to divided government, these policy issues will drive Congressional activity for the 118th Congress.

Debt Ceiling
Farm Bill
Data Privacy
Tech Antitrust
China/Supply
Chain
Opioids/Mental
Health
Access to Health
Care
Digital Assets
Ukraine/Russia
Immigration
FAA
Reauthorization
Oversight &
Investigations
63 WHAT TO WATCH IN 2023 – LOCAL ISSUES
Expect “Split-Screen” Government: GOP House, DEM Senate and White House Drought Legislation
Water Project
Opportunities
Hospital & Health Care
Issues
Ongoing Grant Efforts
FY 2024 Earmark
Opportunities
Wildfire & Forest
Management
Oversight &
Investigations Focused
on Local Government
SNAP Funding
64 Questions?
Thank you!
65 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0152 Agenda Date: 12/19/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 12/9/2022Page 1 of 1
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66 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2.

Agenda Item Wording:

Consideration and action related to Groundwater Recharge Basin G at the East Side Regional Park (ESRP) Site Project: 1. authorize the City Manager to award the construction contract for RFB 20-21- 38, to Emmett’sExcavation, Inc., in the amount of $5,150,913.50; 2. approve Change Order Number One for miscellaneous scope changes in the reduction amount of ($582,069.00); 3. authorize the City Manager to award the construction management services to Vanir Construction Management, Inc., in the amount of $122,190; 4. Authorize the City Manager to award the material testing services to Moore Twining Associates, Inc., in the amount of $48,129.50 and 5. appropriate approximately $958,100.00 from the funds identified in this staff report. (CIP No.3010-72000/CP0185-999).

Deadline for Action: 12/19/2022
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that the City Council consider and take the following actions related to Groundwater Recharge Basin G at the East Side Regional Park:

1. Authorize the City Manager to award the construction contract for RFB 20-21-38 to Emmett’s Excavation, Inc. in the amount of $5,150,913.50;

2. Approve Change Order Number One for miscellaneous scope changes in the reduction amount of $582,069.00;

3. Authorize the City Manager to award the construction management services to Vanir Construction Management, Inc., in the amount of $122,190.00;

4. Authorize the City Manager to award the material testing services to Moore Twining Associates Inc., in the amount of $48,129.50;

5. Appropriate approximately $958,100.00 from the funds identified in this staff report.

Summary:

On September 23, 2022, the City Purchasing Division issued RFB 20-21-38 to obtain bids for the construction of Groundwater Recharge Basin G at the East Side Regional Park (ESRP) Site, consisting of a Base Bid and four Alternate Bid Items. On October 26, 2022, the City received and opened three (3) bid packages. Emmett’s Excavation, Inc. submitted the apparent low bid of $5,236,389.60, which is the total of the Base Bid + Alternate Bid 1 + Alternate Bid 2 + Alternate Bid 3 + Alternate Bid 4. This low bid is over the Engineer’sEstimate and will require an appropriation to the project of approximately $907,770.00. Staff recommends award of the Base Bid + Alternate Bid 2 + Alternate Bid 3 + Alternate Bid 4 in the amount of $5,150,913.50. Staff worked with Emmett’sto identify potential saving to the project. Those saving are included in this staff report as Change Order Visalia City Council Printed on 12/16/2022Page 1 of 16
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67 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. identify potential saving to the project. Those saving are included in this staff report as Change Order No. 1. In addition, this staff report includes background information regarding Vanir Construction Management, Inc. and Moore Twining Associates, Inc., which are the proposed Consultants to provide construction management and material testing services, respectively. Finally, the project Financial Summary Section has been updated to reflect the recommended award amount, the Cost Reduction Change Order, and the requested appropriation.

Background Discussion:

Several years ago, our City’sleaders began proactively planning a project to develop solutions to the area’s receding groundwater table. One of those projects includes the Eastside Regional Park (ESRP) & Groundwater Recharge Project. The master planned Eastside Regional Park & Groundwater Recharge Project consists of approximately 286 acres, including 40 acres of planned street & infrastructure improvements. The project will include Tower Street as a new arterial roadway; and improvements to Houston Avenue, Road 152, and E. Mineral King Avenue. The project will also allocate approximately 148 acres for park uses, while the dedicated groundwater recharge elements will encompass approximately 100 acres. The basins are planned to receive allotted water deliveries to help replenish the area’sgroundwater. Construction of Basin G is the first step to help manage the area’s local groundwater resource, and it is especially important during these times of unprecedented, continuing drought in the region.

On October 17, 2016, City Council approved Resolution 2016-61 affirming submission of a Proposition 1 Urban Rivers Grant (URG) application for Basin G at the East Side Regional Park to construct a groundwater recharge basin with habitat improvements. The scope of work for the URG grant includes a contoured 20-acre recharge basin, swales along Mineral King Avenue and Road 152, approximately 50,732 square feet of granite trail, native, low water use trees and shrubs, a point source irrigation system, a thick layer of landscape mulch, and two funding acknowledgement signs.

The City was awarded a Proposition 1 grant from the State for this project in the amount of $1,568,708. On September 23, 2022, the City of Visalia issued (Request for Bids) RFB 20-21-38 to obtain construction Bids for the Basin G Project. The project, as shown in the solicitation, included a Base Bid and four (4) Alternate Bids. The following Construction Contract Description explains the items involved with the Emmett’s contract, including the Construction Bid Solicitation, Bid Cost Analysis, and the recommended Construction Award. Descriptions for the four other Department Recommendations follow.

1. Construction Contract:

A. Construction Bid Solicitation
1) Establishment of Low Bidder:

On September 23, 2022, the City’sPurchasing Division issued RFP 20-21-38 to obtain bids for the construction of the Basin G Project. On October 26, 2022, the City received and opened three (3) bid packages. Per the California Contract Code, Section 20103.8, a local agency may require a bid for a public works contract to include prices for items that may be added to or deducted from the scope of work in the contract for which the bid is being submitted.

Whenever additive or deductive items are included in the bid, the bid solicitation shall specify which method will be used to determine the Lowest Bid. For this project, the bid proposal specified that the apparent Low Bidder would be based on the “LOWEST TOTAL BID AMOUNT, which is the SUM TOTAL of the BASE BID plus ALTERNATE BID 1 plus Visalia City Council Printed on 12/16/2022Page 2 of 16
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68 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2.

AMOUNT, which is the SUM TOTAL of the BASE BID plus ALTERNATE BID 1 plus ALTERNATE BID 2 plus ALTERNATE BID 3 plus ALTERNATE BID 4”. A responsible bidder who submits the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This code section does not preclude the local agency from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined. Costs from the other bidders may not be used for the additive or deductive items.

For this project, Emmett’sExcavation, Inc. was determined to be the Low Bidder, based on the published criteria of the Sum Total = Base Bid + Alternate Bid 1 + Alternate Bid 2 + Alternate Bid 3 + Alternate Bid 4. The Sum Total Amounts for each bid received are shown below:

Table 1:

Establishment of Low Bidder
No. Contractor Location Total Sum Bid

1. Emmett’s Excavation Inc.Clovis, CA $5,236,389.60

2. Cal Valley ConstructionFresno, Ca $6,018,735.21

3. JT2 Inc. dba Todd CompaniesVisalia, CA $6,584,758.00 ** Staff reviewed the bids and found that the bid submitted by JT2 was incomplete and was therefore rejected. The Bid Packages for Emmett’s Excavation Inc. and Cal Valley Construction were also reviewed and found to be in compliance with the City’srequirements.

Staff also contacted Emmett’slisted references at the Fresno Irrigation District (Consultant- Provost & Pritchard), Fresno County, and the City of Fresno. All three agencies expressed satisfaction with the contractor’s past performance, and highly recommended them. They reported that the contractor did a good job and completed the work on time and within budget.

Emmett’s previously worked on the Plaza Widening Project and the Major Street Overlay Project (various locations) in 2014. City staff reports that the contractor performed well on those projects. Based on the reviews, Emmett’sExcavation Inc. is the Low Bidder for the project.
2) Construction Solicitation Scope of Work:

Following is additional background & information regarding the Scope of Work that was included in the Construction Bid Solicitation:

Base Bid: The Base Bid includes construction of a new groundwater recharge basin, to be situated at the northeast corner of the intersection of E. Mineral King Avenue and Road 152, in the City of Visalia. The Base Bid construction work will include clearing & grubbing; approximately 103,000 cubic yards of earthwork; construction of storm-drain pipe, storm structures, gates, and manholes; construction of a siphon under Packwood Creek; construction of 5 drywells for the purpose of groundwater recharge; construction of a decomposed granite (DG) trail and adjacent asphalt (AC) trail; construction of a parking lot; barb-wire fencing; and erosion control that includes preservation of topsoil, seed establishment, and installation of temporary soil stabilization measures, such as straw mulch, Visalia City Council Printed on 12/16/2022Page 3 of 16
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69 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. establishment, and installation of temporary soil stabilization measures, such as straw mulch, and rolled erosion control products.

As previously stated, the Base Bid of the project includes the bulk of the features needed to replenish the City’sgroundwater table using allotted water deliveries. One unique feature that is new to the City of Visalia is that the project will feature 5 groundwater recharge drywells that are intended to infiltrate the City’sgroundwater system more efficiently. The recharge wells will include sediment structures to capture trash and sediment prior to water entering the recharge wells. Staff and the design consultant, CWE, worked with the California Regional Water Quality Control Board (Region 5), out of Fresno to obtain consensus regarding the installation of the proposed dry wells. CWE also submitted the required Inventory of Injection Wells to the US Environment Protection Agency, and helped the City obtain other permits from various agencies that were required for the project. The drywells will be operated and maintained by City of Visalia crews and will require ongoing monitoring.

One of the structures included in the Base Bid is a master diversion structure to be located at a nexus location near Road 152 and the Oakes Ditch. The diversion structure will receive waters from the Oakes basin, located approximately 440-feet northeast of this site, and will serve as a hub that will be able to selectively distribute water to Basin G, Basin F, or Basin D.

It will also be connected to Mill Creek in the future, through the separate Oakes Basin Expansion project. That connection will allow the City to return any diverted storm water from the Oakes Basin directly to Mill Creek. Waters that are released into the East Side Regional Park Recharge basins will not be able to be returned to the Kaweah Delta Water Conservation Water District, since they are intended to replenish the ground water. Also, since upcoming Basin D will be directly connected to Basin E in the future, the master diversion structure will also be able to deliver water to Basin E, via Basin D.

Traffic
This project is located at the easterly periphery of the City’sboundary. Traffic impacts are expected to be minimal, since most of the construction will occur on the City’sparcel, and any dirt generated from the Basin G grading will be used to fill in the existing temporary basin located south of Packwood Creek. It is expected that the dirt will not completely fill the temporary basin, but the temporary basin will be removed from the overall drainage system.

There is another existing temporary basin located north of Packwood Creek that will remain unmodified. Both temporary basins will be completely backfilled when Basin F is constructed.

Alternate Bid 1: Alternate Bid 1 is for installation of the erosion control seed mixes using the Hydroseed Method. The hydroseed method applies seed with a hydraulic spray equipment that mixes seed, fiber, tackifier, and other erosion control materials specified. The materials are mixed with water, and applied evenly, in successive passes to the identified areas.

Visalia City Council Printed on 12/16/2022Page 4 of 16
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70 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2.

Alternate Bid 2: Alternate Bid 2 is for installation of the erosion control seed mixes using the Drill Seed Method. The drill seed method applies seed using a drill machine with an electronic population rate control. The drill seeding equipment includes a box with agitators and row dividers to adjust the seed flow. The drill will place the material into the soil to a maximum depth of ½ inch. After the area is seeded, the soil is firmed with a cultipacker or smooth roller.

Since this basin is designed with gentle side slopes that do not exceed 20% max, this method is acceptable for use on this project.

Seed Mixes
This project includes two different seed mixes to be installed on the slopes and at the bottom of Basin G. These areas will not receive any sort of landscape & irrigation, so the applied seed will help to revegetate the disturbed areas with native grasses and flower species; and will serve as a permanent erosion control for the basin. The seed mixes were selected to promote establishment of native grasses, poppy, brome, rye, and other species that will encourage establishment of natural habitat, while requiring very little water. After the seed is applied, it will start establishing itself after a season, and will cycle through periods of re-seeding itself, germinating, and going dormant.

Staff required the Contractor to include the two different methods of installation of the seed in their bid, identified as Alternate Bid 1 and Alternate Bid 2. Either method is acceptable for this project, however staff is recommending award of the drill seed method, Alternate Bid 2, due to its lower bid cost.

Alternate Bid 3: Alternate Bid 3 is for the retrofit of existing Agricultural Well No. 1, located northeast of the site, near Road 152 and the Oakes Ditch. Well No. 1 will provide water for the landscape irrigation that will be installed around the top perimeter of groundwater recharge Basin G and the future groundwater recharge Basin F. The scope of work includes checking the current water level, cleaning, airlifting & removing debris, furnishing & installing new headworks, discharge pipe, submersible pump, column pipe, energy efficient motor, variable frequency drive (VFD), NEMA 4 enclosure, valves, fines separator, concrete pads, groundwater level sensor, magnetic flowmeter, relocation of existing electric service pole, new service panel, preparation of electrical shop drawings, electrical work, testing, and site clean- up.

Alternate Bid 4: Alternate Bid 4 is for the retrofit of existing Agricultural Well No. 2, located northwest of the site, near the future Tower Road Alignment. This well is also located approximately 230-feet northeast of Well No. 3. Well No. 2 will provide water for the landscape irrigation that will be installed around the top perimeter of Basin F (future) and the recently completed Greenway Trail (E. Mineral King Ave. to Mill Creek), which is located 390-feet west of this well. The scope of work includes checking the current water level, cleaning, airlifting & Visalia City Council Printed on 12/16/2022Page 5 of 16
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71 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. of this well. The scope of work includes checking the current water level, cleaning, airlifting & removing debris, furnishing & installing new headworks, discharge pipe, submersible pump, column pipe, energy efficient motor, variable frequency drive (VFD), NEMA 4 enclosure, valves, fines separator, concrete pads, groundwater level sensor, magnetic flowmeter, relocation of existing electric service pole, new service panel, preparation of electrical shop drawings, electrical work, testing, and site clean-up. This alternate bid also includes well site improvements, including an 8-foot-tall wrought iron fence, gates, grading, and decomposed granite installation. Staff recommends installation of the wrought iron fence and gates to protect the new well equipment from theft or vandalism. Similar site improvements for Well No. 1 are included in the Base Bid of the overall project.

Additional Well Information:

The City of Visalia owns three wells in this area, that were previously utilized for orchard irrigation. The wells were inspected in 2020 by use of a down-hole video camera and flow tested. The three wells are shallow when compared to modern wells and have a bottom fill of 150-feet to 190-feet below surface elevation, with the static water level around 80-feet down, and pumping water level (drawdown) around 120-feet down. The pumping water level is the depth that the water will drop to when the pump is on. After the pump goes off, the level typically returns to the static elevation. Of the three wells, Well No. 1 is the shallowest, and has around 25-feet of pumping water level remaining, in its current configuration. Wells 2 and 3 have around 60-feet of pumping water level remaining, in their current configuration.

In 2018, the City of Visalia drilled a new 430’deep, 16-inch well at the Riverway Sports Park.

Including change orders, that well cost $324,714 to drill and develop. That well was then outfitted with a new irrigation pumping station in 2019, at an estimated cost of $565,000. That well pump station included the concrete footing, discharge equipment, motor control center with switchboards, two 11,000 gallon above ground water storage tanks, two irrigation booster pumps, and one jockey pump for low flow pressure.

Per California Water Service (Cal Water), they typically drill new wells in Visalia to 450 - 900 feet below the surface elevation. Other surrounding valley cities, such as Hanford, drill new wells even deeper than that, up to 1,400-feet deep. This type of deep drilling for new potable water wells includes seals around the casing and ensures that they only pull from the lower strata of groundwater. Potable water wells are subject to stringent state requirements, including sealing, disinfection, sampling, and reporting to the state to ensure the water is suitable for drinking water. And, once the potable water well is on-line, it must be tested regularly by someone certified in water distribution quality and treatment. The existing ESRP agricultural wells do not meet the requirements for a potable water source, however, they were found to be viable sources of non-potable water for the landscape and irrigation of the groundwater basin projects. It should be noted, though, caution needs to be exercised using the rehabilitated wells as a source of water due to its current depth. As noted, the static groundwater level in the area was at an elevation of approximately 80 feet below ground level Visalia City Council Printed on 12/16/2022Page 6 of 16
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72 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. groundwater level in the area was at an elevation of approximately 80 feet below ground level in 2020. With the ongoing drought, that elevation may have dropped. Staff has included provisions in the bid to include checking the current water level prior to the start of work. If the water table has dropped significantly, staff will return to the Council for further direction. Other options that may be considered at that time include deepening the existing well, drilling a new, deep well for the site; or connecting to the Cal Water system that is located to the west of the site, in the existing neighborhood. If needed, deepening the wells or drilling a new well will require additional design and water quality analysis to ensure that the lower strata water is suitable for the intended use. That additional design work is not included in this current project.

Besides the depth of the wells, the inspection also found that Well No. 3 has a crack in the steel casing, which will require additional repairs. Retrofit and repair of Well No. 3 is not included in this current project but can be added to a project in the future. This project intends to retrofit two of the existing wells with new submersible pump stations that will provide the non-potable water for the landscape irrigation around Basins G & F; and will also be available for the recently completed Green Way Trail. The retrofit of the two wells was split into two Alternate Bid Items, as follows:

The three existing agricultural wells are intended to serve as a non-potable water source for the landscape irrigation in the area. In the future, well No. 1, 2 and 3 can be interconnected with irrigation main to form pressurized loops around the area. This will help to provide more consistent water that may help irrigate the landscaping around Basin G; the Greenway Trail; the future Basins F, D, and E; and the future adjacent frontages for Tower Street, East Mineral King, and Road 152, south of Mill Creek. This would not include areas north of Mill Creek, nor the future interchange at State Route 198, as that will be landscaped and irrigated by Caltrans.

In addition, the three wells are not intended to serve as a water source for the future park amenities, such as the sports play fields and buildings. Those types of amenities typically require significant amounts of potable and non-potable water, so staff will return to Council in the future to consider additional groundwater wells, similar to the process that was followed for the Riverway Sports Park. Also, although this bid award includes the retrofit of the two wells, it does not include the installation of the irrigation and related landscaping around Basin G. Staff will release a separate bid request in the coming months to hire a contractor to install the landscape and irrigation of Basin G and return to Council then for award of that work.

B. Bid Cost Analysis
The lowest responsive bid, from Emmett’s Excavation is $1,718,777.36 or 49% over the Engineer’sEstimate. The Engineer’sEstimate (which was not provided to the bidders during the RFB process) and Emmett’s Bid are shown in the following table:

Table 2:

Comparison with Engineer’s Estimate
Bid Items Engineer’s Estimate Emmett’s
Excavation Inc.

Clovis, CA
Base Bid $3,168,457.00 $4,666,165.00
Alternate Bid 1 (hydroseed)$42,159.69 $85,476.10
Alternate Bid 2 (drill seed) $42,159.69 $31,076.50
Alternate Bid 3 (Well 1) $121,502.81 $217,706.00
Alternate Bid 4 (Well 2) $143,333.05 $235,966.00
Total: Base Bid + Alt 1 + Alt 2
+Alt 3 + Alt 4
$3,517,612.24 $5,236,389.60
Staff completed the following efforts to analyze the bid discrepancy:
1) Staff contacted Emmett’s Excavation Inc. for assistance in identifying the cost discrepancy.
2) Staff reached out to CWE to verify their estimate.
3) Staff Outreach to other Contractors that did not submit bids. 4) Review of other recently bid projects in the Valley, and throughout the state. 5) Review of current construction climate.

Following are the findings from these efforts:
1) Emmett’s Excavation Evaluation:

Staff worked with Emmett’sExcavation to identify any possible discrepancies in the Plans and/or Construction Specifications that might have caused the cost difference. Emmett’s, indicated that in general, the design and bid package were well organized and clear.

However, the City included a significant amount of revegetation requirements, which caused a higher bid for that item. City staff and the contractor reviewed the revegetation requirement and found potential cost savings for that item, which have been included in the proposed Change Order Number 1, shown later in this staff report. Emmett’s also explained that the Earthwork bid item is higher than may have been expected because of existing site conditions at the depressed parking area near E. Mineral King and Road 152.

City maintenance staff advised that the area was previously backfilled with concrete and asphalt chunks, to provide stabilization for parked vehicles. The plans require removal of that material, prior to construction of new infrastructure, which increased the related costs.

Again, although the bidders are not provided with the Engineer’sEstimate, staff found that other bid items, such as the piping and structures were significantly higher in unit cost than the engineer’sestimate. Emmett’sexplained that the costs reflect recent fluctuations in the market for materials and labor. They also stated that in the event of a re-bid the City could certainly expect the bids to come in at a higher price, especially as costs for materials and labor continue to increase.
2) CWE Evaluation:

Staff also reviewed the received bids with the Consultant to help identify reasons for the Visalia City Council Printed on 12/16/2022Page 8 of 16
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74 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2.

Staff also reviewed the received bids with the Consultant to help identify reasons for the gaps between the Engineer’sunit costs and the Contractor’sunit costs. Through this effort, it was discovered that the consultant used Southern California average unit costs for many bid items, including the earthwork, storm pipe, siphon under Packwood Creek, the locking manholes, and the concrete structures. Those items came in especially high when compared to the Engineer’sEstimate. Based on the number of bids received (three), the consultant theorizes that part of the higher cost is a result of lack of competition for this type of work in the Central Valley. There is also a thought that the cost is higher than expected due to regional impacts on materials and supplies resulting from large projects, such as the on-going high-speed trail project.
3) Staff Outreach:

The City’spurchasing department reached out to other Contractors that typically bid on City construction projects to determine why there was a low number of bids received when compared to other recently bid CIPs. Staff contacted Papich Construction Company, Inc., Fees Construction, and Wood Bros. Inc., and heard back from a representative from Papich. The representative stated that they did not submit a bid because they did not believe they could be competitive based on the plan holders list. There is currently a surplus of projects in the Central Valley, and throughout the state, so most contractors are being very selective in which projects they will bid on. Several other projects have been put out to bid in the Valley, many of which are easier when compared to the Basin G project. The siphon under Packwood Creek and the concrete structures require specialized equipment and skills, including large-bore construction methods and cast-in- place concrete construction methods. Those types of specialized skills are limited in the Central Valley, resulting in this project being considered more complicated than other projects that have recently bid.
4) Review of Recently Bid Projects
In the past two months, some of the contractors that typically bid on City of Visalia projects have successfully bid on other projects such as Fresno County’sGolden State Boulevard Phase 1 (Low Bid $29M), Tulare County’s 2022 Road Repair and Accountability Act (RRAA) Project 2 (Low Bid $5.99M), and the City of Visalia’s Caldwell Avenue Improvements from Akers Street to Shady Street (Low Bid $8.8M). When a local contractor is successful in the pursuit of one or two projects, that may impact whether they immediately pursue other projects, to avoid over committing themselves.

In reviewing the unit costs for various items, the gap between Engineer’s and the Contractor’sunit cost for the earthwork bid item was especially large and contributed to a significant increase in the Base Bid cost. Staff was also able to obtain bid results for similar projects to review this discrepancy. The Fresno Irrigation District (FID) held a bid in 2020 for work on their Central Canal Basin, which included construction of earthen basin levee embankments and related structures. In comparing the earthwork bid price per cubic yard Visalia City Council Printed on 12/16/2022Page 9 of 16
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75 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. embankments and related structures. In comparing the earthwork bid price per cubic yard (CY) for the Basin G [$11.75/CY] vs. those from the FID [$10.00/CY], the unit costs compared favorably considering the 2-year timing difference. However, other projects, such as the Fresno County AADS Phase 1 Waste Relocation Project (bid in 2022), which includes mass excavation and hauling of waste and soil at the American Avenue Disposal Site shows unit costs of [$3.75/CY - $5.50/CY] for the earth fill embankment. Those costs are closer to the anticipated Engineer’sEstimate for this project, however there is no clear explanation to why the earthwork costs fluctuate so much between different projects. 5) Current Construction Climate:

Lastly, discussions with other local agency representatives, such as the City of Fresno, demonstrate that labor, materials, equipment, and shipping costs continue to increase due to the volatile economy. And not only are the prices coming in higher than expected, but there continue to be ongoing material delays. Some agencies are even having to suspend projects due to the material delay issue. For example, the City of Fresno will be suspending some of its currently constructing projects until the summer of 2023 due to material shortages. One of those projects includes the North Avenue Sewer Trunk Main Realignment, which was awarded in November 2021 at $6.3M, and started construction in early 2022. Materials for that project, along with some others are not expected to arrive until next year. The City of Visalia has also been experiencing material delay impacts on items such as signal poles, mast arms, electrical panels, and concrete inlets. City staff is currently going through an inventory process to order additional stockpiles of commonly needed items, such as light poles and mast arms, to have on hand whenever needed. Yet, despite the ongoing shortages and the recent economic expansion that the state has experienced, municipal construction continues to move forward in the Valley, demanding its fair share of resources. Unfortunately, that demand is in direct competition with the State’s on-going high speed rail project, which continues to pull local labor, materials, and equipment away from local agency projects.

In summary, several factors contributing to the increase in price, include, but are not limited to:
· High Speed Rail construction demand for building trades and materials · Due to project workload, contractors are being more selective on which project to bid. · Labor costs are increasing.
· There are fewer construction companies and workers available in the current economy. · Material and equipment costs are escalating.
· The result of this is higher construction costs for everyone.

Based on industry trends, and review of other projects, the bids received appear to be appropriate.

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76 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2.

C. Recommended Construction Award
Based on review of the bid package, staff recommends award of the construction contract for Basin G to Emmett’s Excavation, Inc. And, as allowed by the Public Contract Code, staff recommends deletion of Alternate Bid 1 (hydroseed) due to the cost for this Alternate being higher than the cost for Alternate Bid 2. The recommended award is then the Base Bid + Alternate Bid 2 + Alternate Bid 3 + Alternate Bid 4. The total amount of the recommended award to Emmett’s Excavation is $5,150,913.50, as shown below:

Table 3:

Recommended Award to Emmett’s Excavation
BASE BID $4,666,165.00
ALTERNATE BID 2: Drill Seed Method $31,076.50
ALTERNATE BID 3: WELL NO. 1 $217,706.00
ALTERNATE BID 4: WELL NO. 2 $235,966.00
Total Construction Award $5,150,913.50

2. Change Order No. 1:

In an effort to decrease the project costs, staff worked with the contractor and other City staff to identify items that could be reduced or eliminated. Reduction & elimination of items will also decrease the budgeted soft costs (such as staff inspection & management, and survey staking) and the budgeted construction contingency. The recommended changes are reflected proposed Change Order No. 1, which is summarized in the following table:

TABLE 4
CCO1
Construction Soft Cost (SC)ContingencyTotal Change
Item 1:Delete Bid Item 39, Revegetation Imps.(254,156.00)$ (10,167.00)$ (25,416.00)$ (289,739.00)$ 8,540.00$ 342.00$ 854.00$ 9,736.00$ Item 3:Substitute grey DG in lieu of CA Gold(75,571.00)$ (3,024.00)$ (7,557.00)$ (86,152.00)$ Item 4:Reduce Debris Area by 18,700 CY(46,750.00)$ (1,871.00)$ (4,675.00)$ (53,296.00)$ Item 5:Reduce 17,500 CY Import Borrow Material (280,000.00)$ (11,200.00)$ (28,000.00)$ (319,200.00)$ Item 6:Increase Steel Casing Size from 60" to 72"65,868.00$ 2,635.00$ 6,587.00$ 75,090.00$ Total (582,069.00)$ (23,285.00)$ (58,207.00)$ (663,561.00)$ Estimated Changes
Item 2:

Add STA Cert. Organic Compost
Change Order No. 1 (CCO1)
Item Description
CCO1 provides for the following changes:
1) Delete Bid Item No. 39, Revegetation Improvements for topsoil. The original bid package included a requirement to remove, stockpile, and redistribute 6-inches of topsoil. This topsoil was intended to support the revegetation of the site. Deletion of this item will necessitate approval of Item No. 2, to provide nutrients to the seed mix, which will be applied for erosion control purposes. Other erosion control items will be installed under other remaining bid items, Visalia City Council Printed on 12/16/2022Page 11 of 16 powered by Legistar™
77 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. control purposes. Other erosion control items will be installed under other remaining bid items, including NPDES/Water Pollution Prevention Compliance, Dust Control, Temporary Soil Stabilization, Seed Establishment Maintenance & Repairs, and Drill Seed Method. This deletion will result in a credit of ($254,156.00).
2) Add NEW Item to install STA certified organic compost across approximately 353,600 SF of the sloped areas of Basin G. This will help support the revegetation improvements, in lieu of the deleted topsoil (Item No. 1). Addition of this item will result in an increase of $8,540.00. 3) Substitute grey DG in lieu of California Gold. The original bid package specified that California Gold type DG be used for the construction of the trail. This substitution will result in the same type of DG trail, but it will be a grey color instead of gold color. This change will result in a credit of ($75,571.00).
4) Reduce Debris Area by 18,700 CY. The original bid package included removal of existing buried chunks of debris (to 3-feet deep) in an area of approximately 240,925 SF. That area is located at the northwest corner of the intersection of E. Mineral King Avenue and Road 152.

The area is lower than the surrounding ground and was previously used for vehicle parking.

City Maintenance staff confirms that chunks of concrete and asphalt were buried there to help stabilize the area for the vehicle parking. This change will reduce the debris removal area to be only within the basins (approximately 108,900 SF) and change the removal depth to 2-feet, with 12inch of scarify. The debris located outside this area will remain buried. This deletion will result in a credit of ($46,750.00).
5) Per the Contractor's calculations, they estimated that as designed, the project would require an import of approximately 17,500 cubic yards (CY) of dirt. The design consultant has agreed to update the design so that the dirt can be generated on site, eliminating the import requirement. This adjustment will result in a credit of ($280,000.00). However, if during construction, additional import material is required, it will be obtained from the future Basin ""F"" area, and be charged at $4.50 per CY. The design consultant has also agreed to tweak the design during construction, if needed to generate more dirt on the Basin ""G"" site, thus reducing the risk of needing further import.
6) Increase Steel Casing Size from 60"" to 72"" diameter. The original bid package includes a 60"" diameter steel casing for the 42"" storm pipe that will cross under Packwood Creek. The 60"" casing will work for a smooth pipe, but the contractor has advised that they bid the project with a bell & spigot RCP, which they will not be able to install inside the 60"" casing. This necessitates increasing the steal casing to a 72"" diameter, which will fit the bell & spigot RCP.

This increase in diameter will result in an increase of $65,868.00.

It is important to note that the reduction and/or elimination of the items mentioned will not impact the grant objectives that need to be met as part of the grant associated with this project.

Change Order Number 1 was reviewed and approved by the City of Visalia Change Order Committee. The Change Order committee is a group of non-appointed technical staff without direct involvement with the project submitted for review. The Committee is an informal committee that reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight.

3. Construction Management Services Contract:

Staff recommends hiring Vanir to perform the construction management functions needed for this complex project. In 2020 the City of Visalia issued a Request for Proposals (RFP) to retain qualified firms to provide Construction Management (CM) services on an on-call basis for separate, individual projects, as needed. NV5, Inc., 4Creeks, Inc., and Vanir Construction Management, Inc. were Visalia City Council Printed on 12/16/2022Page 12 of 16 powered by Legistar™
78 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. projects, as needed. NV5, Inc., 4Creeks, Inc., and Vanir Construction Management, Inc. were selected and awarded the contracts based on the criteria listed in the RFP. All three firms are qualified to perform the requested construction management services. Work is assigned to the firms based on a rotational basis to keep the workload balanced. Vanir is next in line on the list. Vanir has provided construction management services to the City under this contract for the Greenway Trail, between E. Mineral King and Mill Creek; and for the Peoples Basin Grading, and has performed effectively. Staff has coordinated with Vanir to establish the required scope of services for the Basin G project and obtained a fee of $122,190 for them to provide the construction management services.

Staff has reviewed the Vanir scope and fee proposal and found that it is within the anticipated costs that were budgeted into the project. Staff recommends award of the Construction Management Services for Basin G to Vanir for a fee of $122,190.

4. Materials Testing Services Contract:

Staff recommends hiring Moore Twining Associates, Inc. to perform the construction materials testing services needed for this project. In 2017, the City of Visalia issued a Request for Qualifications (RFQ) to retain qualified & certified firms to provide material testing services on a rotating basis, for separate, individual projects, as needed. Moore Twining Associates, Inc., Kleinfelder, Krazan, Consolidated Testing Laboratories, Inc., and NV5 were selected and awarded the contracts based on the criteria listed in the RFP. All five firms are qualified to perform the requested testing services.

Work is assigned to the firms based on a rotational basis to keep the workload balanced. The contracts are renewable each year, for up to 5 years. Each year, firms may submit updated fee schedules for the upcoming year. We are currently in our 5th year of the contract, and that will expire in April of 2023.

Moore Twining is next in line on the list. Moore Twining has provided testing services to the City under this contract for the various cape seal projects; core samples; the Mill Creek Culvert; and Greenway Trail, between E. Mineral King and Mill Creek; and has performed effectively. Staff has coordinated with Moore Twining to establish the required material testing scope of services for the Basin G project and obtained a fee of $48,129.50. Staff has reviewed the Moore Twining scope and fee proposal and found that it is within the anticipated costs that were budgeted into the project.

Based on rotation & workload, staff recommends award of the Materials Testing Services for Basin G to Moore Twining Inc., for an estimated fee of $48,129.50, for the duration of this project, which will extend approximately 6 months beyond April of 2023, to October 2023.

Fiscal Impact:

Budget Summary:

Following is the updated budget summary for this project, including award of the Base Bid and Alternate Bids 2, 3, and 4. There are currently insufficient funds in CP0185 for the award of the Basin G Project. Award of all the original elements, without implementation of Change Order Number 1 would require an additional appropriation of $1,621,660.00, as shown in the column two of the table shown below. However, if the Council votes to approve Change Order Number 1, the required appropriation amount is decreased to $958,100.00 as shown in column three of the same table:

TABLE 5
Updated amounts are
highlighted in yellow.

Funding Source:

Amount with
Construction Award
Amount with
Construction Award &
CCO1
Prop 1 Grant Funding 1,568,708.00$ 1,568,708.00$ 132 Measure R Trails 498,680.00$ 498,680.00$ 211 Rec Facilities Park Impact Fund1,515,930.00$ 1,515,930.00$ 224 Groundwater Recharge Fund 2,366,770.00$ 2,366,770.00$ 261 Waterways Capital Fund 42,640.00$ 42,640.00$ TOTAL 5,992,728.00$ 5,992,728.00$

BASIN G - PROJECT ESTIMATE AMOUNT AMOUNT
PRE-CONSTRUCTION COSTS 91,558.18$ 91,558.18$ TOTAL DESIGN COSTS 549,321.00$ 549,321.00$

CIVIL CONSTRUCTION COSTS
BASE BID 4,666,165.00$ 4,084,096.00$
ALTERNATE BID 2: Drill Seed Method31,076.50$ 31,076.50$ ALTERNATE BID 3: WELL NO. 1 217,706.00$ 217,706.00$ ALTERNATE BID 4: WELL NO. 2 235,966.00$ 235,966.00$ COV Construction Management 77,264.00$ 68,533.00$ Civil Construction Management (Vanir)173,699.00$ 173,699.00$ Staff Inspection 51,509.00$ 45,688.00$
Geotech Testing 55,350.00$ 55,350.00$
Survey Staking 77,264.00$ 68,533.00$
Biological Cultural Observations 61,811.00$ 61,811.00$ Utility Relocations (SCE) 72,113.00$ 72,113.00$ CIVIL CONSTRUCTION CONTINGENCY515,091.00$ 456,884.00$ CIVIL CONSTRUCTION TOTAL 6,235,014.50$ 5,571,455.50$

LANDSCAPE CONSTRUCTION COSTS
Landscape Construction (Pending-Separate Bid)661,176.00$ 661,176.00$ UTF Construction Management (Pending)11,200.00$ 11,200.00$ LANDSCAPE CONSTRUCTION CONTINGENCY66,118.00$ 66,118.00$ LANDSCAPE CONSTRUCTION TOTAL738,494.00$ 738,494.00$ TOTAL PROJECT COSTS 7,614,388.00$ 6,950,829.00$ Additional Appropriation Needed (1,621,660.00)$ (958,100.00)$

BASIN G - PROJECT BUDGET
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79 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2.

TABLE 5
Updated amounts are
highlighted in yellow.

Funding Source:

BASIN G - PROJECT ESTIMATE AMOUNT AMOUNT
PRE-CONSTRUCTION COSTS 91,558.18$ 91,558.18$ TOTAL DESIGN COSTS 549,321.00$ 549,321.00$

BASIN G - PROJECT BUDGET
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80 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2.

5. Appropriation Request:

If Council votes to approve CCO1, the appropriation request will be as follows:

TABLE 6
Basin G w/ CCO1Fund %
Estimated
Need
Current
Budget
Appropriation
Needed
Match Funding: 77%
132 Measure R Trails10% 517,937.00$ 498,680.00$ 19,257.00$ 211 Rec Facilities Park Impact35% 1,896,451.00$ 1,515,930.00$ 380,521.00$ 224 Groundwater Recharge54% 2,913,347.00$ 2,366,770.00$ 546,577.00$ 261 Waterways Capital1% 54,383.00$ 42,640.00$ 11,743.00$ Total 100% 5,382,118.00$ 4,424,020.00$ 958,098.00$
Prop 1 Grant Funding23% 1,568,708.00$ 1,568,708.00$ -$
Total Project Cost100% 6,950,826.00$ 5,992,728.00$ 958,098.00$ Total Appropriation Requested 958,100.00$
It should be noted that the percent distributions shown in Table 6 have changed slightly from the previous versions. This change is due to the actual bid prices that were received. Those numbers were inserted into the overall budget calculation and resulted in the shown changes.

Staff recommends approval of Change Order No. 1, as shown in the above tables, and appropriation of the $958,100 shown in Table 6, above. This will help keep this much needed project moving forward now and lock in the bid prices. Council can also direct staff to re-bid the project with the noted change order adjustments, however that could result in increased construction costs, given the nature of the on-going economic expansion and would also negatively impact the grant delivery schedule.

Prior Council Action:
· May 2, 2022 - City Council received an update of Groundwater Recharge Basins G & F at the East Side Regional Park, and voted to appropriate $3,350,00 for groundwater Basin G (CP0185) from the City funds identified in the staff report; decline and release a 2019 grant offer from the National Park Service (NPS) Land & Water Conservation Fund (LWCF) in the amount of approximately $2.4 million for the construction of Basin F (CP0371); and authorize staff to pursue appropriate grant funding for the construction of groundwater recharge Basin F. · December 16, 2019 - City Council voted to award RFB 19-20-24 and authorize the City Manager to execute construction agreements related to RFB 19-20-24 for the removal of various orchards to the lowest responsible bidder, HD Matthews Demolition & Excavation, Inc., in the following amounts: 1. $85,000 for Basin G (CP0185); 2. $240,000 for Basin F (CP0371); Visalia City Council Printed on 12/16/2022Page 15 of 16 powered by Legistar™
81 File #: 22-0368 Agenda Date: 12/19/2022 Agenda #: 2. located in the area surrounded by the future Tower Street, Mineral King, and Road 152. · September 16, 2019 - City Council voted to appropriate funds for Basin G and F, as identified in that staff report, and to authorize the City Manager to execute an agreement from the Federal Land & Water Conservation Fund (LWCF).
· December 18, 2017 - City Council voted to authorize staff to submit a grant application for a Land and Water Conservation Fund Grant and approved Resolution 2017-83 for the East Side Regional Park Project.
· October 17, 2016 - City Council affirmed submission of a Proposition 1 Urban Rivers Grant application for a first phase project at the East Side Regional Park to construct groundwater recharge basin with habitat improvements for $1,743,420 and appropriate $1,568,708 of grant funding, if awarded, and advance appropriation of $174,712 from 2017/18 project CP0185 “East Side Regional Park Basins” if awarded (Resolution 2016-61 required).

Alternatives:

Reject the Bids and Re-Bid the project. This alternative would delay the start of construction approximately 3 - 4 months and the bids could potentially come in higher than the bids received as a part of this RFB 20-21-38.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award the construction contract for RFB 20-21-38 to Emmett’sExcavation, Inc. in the amount of $5,150,913.50; approve Change Order Number One for miscellaneous scope changes in the reduction amount of ($582,069.00); award the construction management services to Vanir Construction Management, Inc., in the amount of $122,190; award the material testing services to Moore Twining Associates, Inc. in the amount of $48,129.50; and appropriate $958,100.00 from the funds identified within the report, for the Basin G at the East Side Regional Park (ESRP) Site Project.

CEQA Review:

Initial Study and Notice of Determination (NOD) for a Mitigated Negative Declaration (MND) N. 2018-

05. Attachments:

1. Ownership Disclosure Statement

2. Vicinity Map

3. Project Location Map

4. Site Master Plan B1

5. Change Order No. 1
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94 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0374 Agenda Date: 12/19/2022 Agenda #: 3.

Agenda Item Wording:

Award RFP 22-23-25 to Self-Help Enterprises to administer a Community Development Block Grant (CDBG) Coronavirus Aid Relief and Economic Security (CARES) Act (CDBG-CV) Emergency Rental/Mortgage Assistance Program to working low-and moderate-income Visalia households who have been negatively financially impacted as a direct result of the Coronavirus Pandemic.

Deadline for Action: 12/19/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Margie Perez, Housing Specialist, [email protected] <mailto:[email protected]>, (559) 713-4460;
Melody Murch, Assistant Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4379; Renee Nagel, Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4375 Department Recommendation:

Staff recommends that Council:

1. Award RFP 22-23-25 to Self-Help Enterprises to administer a CDBG-CV Emergency Rental/Mortgage Assistance Program to low-and moderate-income Visalia working households who have been financially impacted as a direct result of the Coronavirus Pandemic.

2. Authorize the City Manager or their designee to negotiate and execute a 6-month agreement not to exceed $291,599 in CDBG-CV funds to administer a COVID Emergency Rental/Mortgage Assistance Program.

Background Discussion:

In 2020, the U.S. Department of Housing and Urban Development (HUD) CARES Act allocation was authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. In 2020-2021, the City received a total of $1,507,850 in CDBG-CV funds that were used for a Food Assistance Program and a Subsistence Payment Program. The Subsistence Payment Program included rental, mortgage, and/or utility assistance.

On June 14, 2022, the City received notification of an additional allocation of CDBG-CV funds that were reallocated in the amount of $291,599 as shown in Attachment A - HUD CDBG-CV Reallocation Letter. The additional allocation is to be used to prevent, prepare for, and respond to COVID-19.

On August 15, 2022, Council authorized the additional CDBG-CV funds to be used for a Rental/Mortgage Assistance Program to provide low-to moderate-income working Visalia households Visalia City Council Printed on 12/16/2022Page 1 of 4
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95 File #: 22-0374 Agenda Date: 12/19/2022 Agenda #: 3. at or below 80% of the area median income level that have experienced a negative financial impact as a direct result of the Coronavirus Pandemic within 6-months of assistance. Assistance is set at $2,000 per household for a maximum of 6 consecutive months and is expected to assist approximately 116 households to prevent evictions and foreclosures as result of the Coronavirus Pandemic.

Over the last couple of months staff has worked with HUD for approval and execution of contracts to use these funds as directed. On November 15, 2022, a Notice of Funding Availability (NOFA) was released to solicit for qualified non-profit organizations to administer the Rental/Mortgage Assistance Program. Organizations are required to provide both in-person and virtual application assistance to clients. The NOFA closed on December 8, 2022.

The City received three applications in response to this NOFA, from qualified non-profits. The applications received were from the following non-profits:
· Self-Help Enterprises
· United Way of Tulare County
· Proteus, Inc.

The application evaluation committee consisted of three City staff members from the Housing Division. The applications were reviewed and scored based on the merit of each application, submittal completeness, organizational capacity & financial ability, federal grant experience & qualifications, record of past performance, project readiness & equipped staffing, partnerships, timeliness, program outcome, leveraging other funding sources, and any implementation barriers to select the most qualified proposal for award. Based on overall scores, the evaluation committee recommends to award RFP-22-23-25 to administer the City of Visalia CDBG-CV Emergency Rental/Mortgage Assistance Program to Self-Help Enterprises. Due to the smaller amount of funding available, staff is recommending an award to a single organization to maximize the efficiency of this program.

Below is a summary of all three applications:
· Self-Help Enterprises: Self-Help Enterprises (SHE) administered the COV CDBG-CV Subsistence Payment Program in Fiscal Year (FY) 2020-2021. SHE has continued to administer emergency CDBG-CV programs for various jurisdictions including Tulare County.

SHE currently has 6-full time staff dedicated to administering CDBG-CV programs to promptly administer a CDBG-CV Emergency Rental/Mortgage Assistance Program and is located in Visalia. As result of their location and current staffing, SHE would provide rapid implementation of this program.
· United Way of Tulare County: United Way of Tulare County (UWTC) has administered the City of Visalia (COV) CDBG Rental/Mortgage, and Utility Assistance Program in FY 2021- 2022. UWTC has equipped trained staff to promptly administer a CDBG-CV Emergency Rental/Mortgage Assistance Program. UWTC is located outside the City of Visalia which may be a barrier for customers that require in person assistance without adequate transportation.

This is a concern and is the reason UWTC is not recommended.

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96 File #: 22-0374 Agenda Date: 12/19/2022 Agenda #: 3. · Proteus, Inc.: Proteus, Inc. (Proteus) also administered the COV CDBG-CV Subsistence Payment Program in FY 2020-21. Proteus would need to hire an additional eligibility worker/Program Support Specialist to implement a COV CDBG-CV Emergency Rental/Mortgage Assistance Program. Hiring new staff takes time and additional training. This is a concern regarding project readiness for a 6-month emergency program and is the reason Proteus is not recommended.

As discussed above, this additional allocation of CDBG-CV provides a much smaller amount of funding compared to the allocation received in 2021. Based on the dollar amount and application evaluation, staff is recommending an award to a single organization. With the administrative infrastructure already in place, SHE is an excellent choice to rapidly deploy this program. This agenda item is requesting authorization to execute the necessary agreements, as required by the City Purchasing Policy.

Contract Terms and Conditions: The contract agreement is for $291,599 in CDBG-CV funds for a contract term January 1, 2023 through June 30, 2023 to administer a COVID Emergency Rental/Mortgage Assistance Program. Program delivery administration is a maximum of 20% of the total CDBG-CV funding. Client assistance must be a minimum of 80% of the total CDBG-CV funding.

Fiscal Impact:
$291,599 was appropriated on August 15, 2022, for a COVID Emergency Rental/Mortgage Assistance Payment Program. CDBG-CV funds are to be received on a reimbursement basis. No General Fund money is included in this item
Prior Council Action: Click or tap here to enter text.
· August 1, 2022 - Council received a presentation on options and provided direction for the use of $291,599 in CDBG-CV reallocation funds.
· August 15, 2022 - Council approved the use of the additional CDBG-CV funds and releasing a NOFA to administer a COVID Emergency Rental/Mortgage Assistance Program in the amount of $291,599.

Other: None.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to:

2. Authorize the City Manager or their designee to negotiate and execute a 6-month agreement Visalia City Council Printed on 12/16/2022Page 3 of 4
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97 File #: 22-0374 Agenda Date: 12/19/2022 Agenda #: 3. and not to exceed $291,599 in CDBG-CV funds to administer a COVID Emergency Rental/Mortgage Assistance Program.

Environmental Assessment Status: Completed
CEQA Review: N/A
Attachments: Click or tap here to enter text.
· Attachment A - HUD CDBG-CV Reallocation Letter
· Attachment B - United Way of Tulare County Application · Attachment C - Self-Help Enterprises Application
· Attachment D - Proteus, Inc. Application
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1 CITY OF VISALIA

COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT
(CDBG-CV) APPLICATION RFP 22-23-25

I. ORGANIZATION INFORMATION
A. Organization Name: ____________________________________________________________________________________ Physical Address: _______________________________________________________________________________________ Mailing Address: ________________________________________________________________________________________ CEO/Executive Director Name and Title: _____________________________________________________________ Email: ________________________________________________ Telephone: ______________________________________ CFO/Financial Manager Name and Title: _____________________________________________________________ Email: ________________________________________________ Telephone: ______________________________________ Project Manager Name and Title: ______________________________________________________________________ Email: _______________________________________________ Telephone: _______________________________________ DUNS Number: ___________________________________ Tax ID Number: ____________________________________ Organizational Type:
_____501(c)(3) _____ For Profit _____ Faith Based _____ Government or _____Other: __________________________________________

II. PROJECT INFORMATION
A. Project Name: ________________________________________________________________________________________ Project Address: ______________________________________________________________________________________ Project Purpose: ______________________________________________________________________________________ Funding Request: __________________________ Total Project Budget: __________________________________ Is this a CDBG-CV stand-alone project? _____Yes _____ No If not, list other project funding sources and amounts: _____________________________________________ ____________________________________________________________________________________________________________ Project History:

Has this project been funded by a HUD or HCD grant before: ______Yes ______ No If so, list type of fund(s): _______________________________________________________________________ Anticipated start date: ______________________ Anticipated end date: _______________________ Program Outcomes:

Indicate the total number of unduplicated households this project intends to serve during the contract. _______ Households
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2 III. PROJECT DETAIL
A. Project Summary:

Project description as it related to be used to prevent, prepare for, and respond to the Coronavirus Pandemic. Please include the community need these services will address, target population, core services delivered, and average length of time of services.

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3 B. Project Management:

Describe the management experience in delivering similar programs, especially HUD-funded.

C. Project Readiness:

Describe the management experience in delivering similar programs, especially HUD-funded.

Please describe steps that been completed or must be completed to initiate the project. These may include, but are not limited to community support, staffing, marketing, and networking.

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4 D. Duplication of Benefit:

Does your organization currently receive funding for rental/mortgage assistance available to City of Visalia residents? ____Yes ____ No
If so, is it enough to meet the current demand due to the Coronavirus Pandemic in the City of Visalia? ____Yes ____ No
E. In-Person Assistance:

Will your organization provide in-person assistance to enrolling clients? ____Yes ____ No F. Public Services:

Is this a new public service? ____Yes _____ No
Is this an expansion of an existing service? ____Yes _____No IV. PROJECT BUDGET
A. Budget Matrix – Submit attached in excel format.

Administration maximum allowed budget is 20% of the total program funding. Client expenditure budget must be a minimum of 80% of the total program funding. The total program funding percentage calculation does take into consideration all program funding, including other funding sources to carry out the proposed project. Please identify all rental and mortgage assistance available to City of Visalia residents.

B. Budget Narrative – Submit attached in excel format.

The undersigned certifies the information contained herein is true and correct to the best of their knowledge. The applicant further understands that the application is a request and there is no guarantee that funds will be provided to the applicant. All organizations awarded federal funds will be subject to federal and local regulatory regulations.

Name and Title of Authorized Official: __________________________________________________________________ Signature: _______________________________________________________________ Date: _____________________________ 104

1 CITY OF VISALIA

COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT
(CDBG-CV) APPLICATION RFP 22-23-25

Indicate the total number of unduplicated households this project intends to serve during the contract. _______ Households
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2 III. PROJECT DETAIL
A. Project Summary:

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3 B. Project Management:

Describe the management experience in delivering similar programs, especially HUD-funded.

C. Project Readiness:

Describe the management experience in delivering similar programs, especially HUD-funded.

Please describe steps that been completed or must be completed to initiate the project. These may include, but are not limited to community support, staffing, marketing, and networking.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0396 Agenda Date: 12/19/2022 Agenda #: 4.

Agenda Item Wording:

Authorize the City Manager to enter into a purchase agreement with Motorola in the amount of $1,844,614 to replace radios and to perform software upgrades for Police, Fire, Code Enforcement, Animal Control, and Parks with encryption capabilities pursuant to State and Federal mandates; and appropriate an additional $427,614 which includes $20,000 for services required by Tulare County Information Technology Department. Motorola contract price made available through The Houston- Galveston Area Council (HGAC) RA05-21, a Cooperative Purchasing Program.

Deadline for Action: 12/15/2022
Submitting Department: Police Department
Contact Name and Phone Number:

Police Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Fire Chief Dan Griswold, ext. 4220, [email protected] <mailto:[email protected]>; Police Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>; Police Specialist, Dexter Valencia, ext.4655, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize the City Manager to enter into a purchase agreement with Motorola in the amount of $1,844,614 to replace radios and to perform software upgrades for Police, Fire, Code Enforcement, Animal Control, and Parks with encryption capabilities pursuant to State and Federal mandates; and appropriate an additional $427,614 which includes $20,000 for services required by The Tulare County IT Department. Motorola contract price made available through The Houston-Galveston Area Council (HGAC) RA05-21, a Cooperative Purchasing Program.

Summary:

In October of 2020, The Visalia Police Department received an Information Bulletin from the California Department of Justice advising of new policies that would require sensitive information be encrypted when being transmitted via radio. This information includes Personally Identifiable Information (PII) and confidential Criminal Justice Information (CJI). Based on this, an internal review of potential solutions for communicating this information in accordance with this mandate was conducted. Our review determined that the only efficient and fiscally responsible means for complying with this mandate is to purchase hardware and software that will allow the Police Department to communicate through encrypted radio channels in order to meet the DOJ mandate.

During a review of their inventory, the Fire Department identified a large portion of their current portable and mobile radio inventory is nearing the manufacture’send-of-life cycle support date or is Visalia City Council Printed on 12/16/2022Page 1 of 6
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File #: 22-0396 Agenda Date: 12/19/2022 Agenda #: 4.
portable and mobile radio inventory is nearing the manufacture’send-of-life cycle support date or is already discontinued. From this analysis, fire administration developed a right-sized and properly equipped inventory plan that maintains a necessary level of interoperability with the Police Department.

Based on an audit of the Police, Fire, Code Enforcement, Animal Control, and Parks radio current hardware consisting of portable (handheld) radios, mobile (in-car) radios, and dispatch consoles, it has been determined that we will need to replace a total of 371 radios (portable & mobile) and conduct software upgrades for an additional 159 radios (portable & mobile) to meet encryption operability standards. Upon approval and acquisition of the new equipment, staff will work with service providers to install the new equipment and complete the software upgrades in accordance with purchasing policy. Upon completion of hardware acquisition, software upgrades, and completed installation, the Department will move to encrypted radio transmissions in compliance with DOJ./ CLETS requirements issued in Bulletin 20-09-CJIS on October 12, 2020.

Background Discussion:

In October 2020, the California Department of Justice- California Justice Information Services Division (CJIS) notified law enforcement agencies (LEA) regarding a new policy for the transmission of sensitive Personally Identifiable Information (PII) and specific Criminal Justice Information (CJI) via Information Bulletin #20-09-CJIS. This policy requires radio transmissions to be encrypted pursuant to FBI Criminal Justice Information Services (CJIS) Security Policy 5.10 and 5.13. This mandate is also required pursuant to California Law Enforcement Telecommunications System (CLETS) Policy

1.6.4 which describes that only law enforcement, criminal justice personnel, and authorized designees may have access to information derived from CLETS (including the ability to see or hear information).

DOJ required the Police Department to submit a plan by December 31, 2020, outlining the Police Department’s plan to comply with the mandate via radio encryption or through other operational adjustments to comply by an implementation deadline of June 30, 2023. The Police Department prepared a plan describing our plan and outlining operational adjustments prior to the December 2020 deadline; however, this plan was denied by DOJ. As a result, the only other feasible means of complying with the mandate while being mindful of staffing considerations in the Visalia Emergency Communications Center, best practices, service needs, safety of staff and the public, and operational needs for officers and communications operators, is to move toward encrypted radio operations.

Being mindful of community transparency concerns related to public safety operations and communications, the Police Department also coordinated with City MIS/ GIS to provide a public- facing Graphic Information Services (GIS) crime map. This map will contain all information and status for the community in near real-time and excluding any PII similar to practices employed by the California Highway Patrol and other agencies throughout the State of California.

The proposed plan consisting of hardware & software upgrades to meet encryption capabilities for Police radio transmissions, in conjunction with a GIS crime map solution as noted, will allow for effective and efficient communications by public safety staff, does not have an impact on communications center staffing or present a need for additional dispatchers based on this mandate, and does not negatively impact operational practices or safety of staff operating in the field.

Additionally, the GIS crime map solution will provide information related to calls for service to the public without compromising PII or other confidential and sensitive criminal justice database Visalia City Council Printed on 12/16/2022Page 2 of 6
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File #: 22-0396 Agenda Date: 12/19/2022 Agenda #: 4.
public without compromising PII or other confidential and sensitive criminal justice database information. This ensures that the Department is in compliance with mandates issued by State and Federal entities while maintaining a level of transparency to the community we serve.

Upon conducting our audit and researching the minimum hardware requirements to have encrypted communications, it was determined that the majority of our older portable and mobile radios were not capable of running the software required for radio encryption, nearing the end of their life cycle, or had since been discontinued.

The Police Department, Animal Control, Code Enforcement, and Parks all communicate through the Police Department radio channels on UHF Frequencies. The majority of the police radios currently in use are older and more basic models, and unable to accept the software upgrade required to achieve radio encryption. Because of this, it is necessary to replace those radios in order to achieve encrypted communication. As a result, Animal Control, Code Enforcement, and Parks are required to transition to newer radios capable of operating under encryption as staff assigned to those City Departments operate on Police radio channels for dispatch and safety purposes.

The Fire Department will be replacing a portion of both their portable and mobile radio inventory. The Fire Department currently has a stock of Motorola, dual-band portable radios. Dual-band radios can communicate over both UHF and VHF radio frequencies. Over half of these radios are reaching the end of their lifecycle support in December 2023. All Fire Department communications are transmitted and received over VHF, and UHF is primarily used to monitor Police Department communications on incidents where both Departments are assigned. Having the ability to monitor Police Department radio traffic allows fire personnel to gain additional incident information and details that aid in fire personnel preparation and response.

With this project, the Fire Department will be replacing expiring dual-band radios with Motorola, single-band (VHF) radios. Current dual-band radios, that are not reaching the end of their lifecycle, will be assigned to each fire apparatus and command staff officer so personnel can continue to monitor pertinent Police Department traffic when necessary. Blending the radio inventory in this manner maintains the practice of each firefighter having a radio and maintains the ability for the crew to monitor Police Department communications when necessary.

The Fire Department is also replacing fire apparatus mobile radios that have been discontinued since 2018. Mobile radios are the radios mounted in the fire apparatus or command vehicles. Some mobile radios are single-head radios, and some are dual-head radios. Single-head radios are in all fire engines and trucks. Dual-head radios are used in command vehicles. Dual-head radios have one radio control and mic mounted by the driver, and a second radio control and mic mounted in the rear of the command vehicle for chief officers to use once on scene and in command of the incident.

Overall, this project will replace a total of 371 portable and mobile radios with newer versions capable of operating in encryption mode and provide software upgrades to the remaining 159 radios that are newer model radios and only in need of updated software for encryption vs. total replacement. A specific replacement/upgrade table is listed below broken down by each department.

The Police Department became aware of the DOJ/CJIS mandate in October 2020 and complied with Visalia City Council Printed on 12/16/2022Page 3 of 6
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File #: 22-0396 Agenda Date: 12/19/2022 Agenda #: 4.

The Police Department became aware of the DOJ/CJIS mandate in October 2020 and complied with the required deadline of December 31, 2020, with a plan to meet the new requirements related to radio communications. When that plan was denied, the Department began to plan for identifying the necessary steps and equipment to meet the encryption requirement by the June 30, 2023, deadline.

A preliminary and initial estimate of cost was obtained from the vendor at this time for planning purposes.

In the spring of 2021, the Police Department became aware of American Rescue Plan Act (ARPA) funding that would be available to the City and submitted the radio encryption project as an ARPA project based on the fact that the project met the ARPA funding requirements and due to the size of the project which was an unfunded mandate. Initial cost estimates for the project that was submitted for ARPA funding was based on an updated vendor quote obtained in June 2021.

During the 2021/2022 legislative session, SB1000 was introduced as legislation that would have negated the DOJ/CJIS mandate and prohibited law enforcement agencies from moving to encrypted radio transmissions. Based on this potential legislation, the Police Department delayed implementation of this project pending the outcome of the bill. However, the bill was defeated in the in May 2022 and the Police Department then began to proceed with the radio encryption project based on the standing DOJ/CJIS mandate.

A new quote was obtained from the vendor in October 2022, which was higher than the initial quote obtained in Spring 2021 due to several factors. Additional costs in the 2022 quote reflect a 13% cost increase from the previous quote due to inflation. Additionally, the previously selected APX4500 model is no longer an option and required us to select the next model up for 136 radios resulting in an increase of $151,000. Finally, Fire determined that (44) of their portable radios and (18) of their mobile radios are at the end of their life cycle or no longer supported and in need of replacement resulting in over $226,000 in additional cost. In discussing this with Motorola, they provided a buy back credit of $200,000 for our old radios which is significantly higher than their actual value (initially estimated at $60,000). This increased credit was provided to offset the increased cost due to inflation, changes in our quote, and the error in their initial quote.

In speaking with Motorola, they have indicated higher pricing rates will go into effect beginning January 1, 2023. Motorola estimates the inflation rates to match the previous year of 13% and the city can expect a potential cost increase in excess of $250,000 if we delay purchase.

Fiscal Impact:

ARPA funding was approved in 2021 for a total of $1,437,000 and CIP CP0502 was established. Due to changes in the scope of works and rising costs, additional appropriations of $427,614 is required in fund 642 (ARPA). The new appropriations include $20,000 for services to be performed by Tulare County Information Technology Department.

The upgrade for the dispatch radio consoles will be completed by J’sCommunications, which the cost is included in the price quote.

The hardware and software replacement specifics are indicated in the table below:

Encryption
(Y/N)
Action New In-Car
Radios
Software
Only
New
Handheld
Y PD Replace In-Car Radio (APX 6500) 136
Y PD Upgrade In-Car Radio 46
Y PD Replace Handheld Radios (APX 4000) 165
Y PD Upgrade Handheld 65
Y PD Dispatch Upgrade (Console) 12
Total 136 123 165
Y Fire - Upgrade (APX 8000) 30
N Fire - Replace Handheld 44
N Fire - Replace In-Car Radio (Single Head)
APX 6500
13 N Fire - Replace In-Car Radio (Dual Heads)
APX 6500
5 Fire Total 18 30 44
Y Code Enforcement - Upgrade Handheld 6
Y Code Enforcement - Replace Handheld
(APX 4000)
2 Code Enforcement Total 0 6 2
Y Animal Control - Replace Handheld (APX
4000)
4 Animal Control Total 0 0 4
Y Parks - Replace Handheld (APX 4000) 2
Parks Total 0 0 2
Total Project 154 159 217
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File #: 22-0396 Agenda Date: 12/19/2022 Agenda #: 4.

Encryption
(Y/N)
Action New In-Car
Radios
Software
Only
New
Handheld
Y PD Replace In-Car Radio (APX 6500) 136
Y PD Upgrade In-Car Radio 46
Y PD Replace Handheld Radios (APX 4000) 165
Y PD Upgrade Handheld 65
Y PD Dispatch Upgrade (Console) 12
Total 136 123 165
Y Fire - Upgrade (APX 8000) 30
N Fire - Replace Handheld 44
N Fire - Replace In-Car Radio (Single Head)
APX 6500
13 N Fire - Replace In-Car Radio (Dual Heads)
APX 6500
5 Fire Total 18 30 44
Y Code Enforcement - Upgrade Handheld 6
Y Code Enforcement - Replace Handheld
(APX 4000)
2 Code Enforcement Total 0 6 2
Y Animal Control - Replace Handheld (APX
4000)
4 Animal Control Total 0 0 4
Y Parks - Replace Handheld (APX 4000) 2
Parks Total 0 0 2
Total Project 154 159 217
The cost of the project for radio upgrades to replace aging equipment and meet DOJ mandate is detailed in the table below:

Motorola Pricing Summary
Description Price
KVL 5000 and VPM Encryption (Dispatch)
HGAC* discount ($4,452)
$22,502
173 APX4000 UHF R1 Model 2 Portables
HGAC discounts ($192,258)
$542,992
136 APX6500 UHF R1 Mobiles HGAC discount
($241,103)
$675,809
44 APX6000XE VHF Model 3.5 Portables
HGAC discount ($78,664)
$225,596
18 APX6500 VHF Mobiles HGAC discount
($28,185)
$79,372
147 AES Encryption Software Upgrades for
existing portables and mobiles
$102,485
71 Multikey Software Upgrades for existing
APX4000 Portables HGAC discount ($5,921)
$23,686
46 Multikey Software Upgrades for existing
APX6500 mobiles HGAC discount ($3,836)
$15,346
30 Multikey Software Upgrades for existing
APX8000 Portables HGAC discount ($1,251)
$11,259
Subtotal (Taxable) $1,699,047
XTL/XTS Buy Back Credit ($200,000)
Integration for Console Encryption (Dispatch) $201,148
Tax 8.5% $144,419
Total $1,844,614
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File #: 22-0396 Agenda Date: 12/19/2022 Agenda #: 4.

Motorola Pricing Summary
Description Price
KVL 5000 and VPM Encryption (Dispatch)
HGAC* discount ($4,452)
$22,502
173 APX4000 UHF R1 Model 2 Portables
HGAC discounts ($192,258)
$542,992
136 APX6500 UHF R1 Mobiles HGAC discount
($241,103)
$675,809
44 APX6000XE VHF Model 3.5 Portables
HGAC discount ($78,664)
$225,596
18 APX6500 VHF Mobiles HGAC discount
($28,185)
$79,372
147 AES Encryption Software Upgrades for
existing portables and mobiles
$102,485
71 Multikey Software Upgrades for existing
APX4000 Portables HGAC discount ($5,921)
$23,686
46 Multikey Software Upgrades for existing
APX6500 mobiles HGAC discount ($3,836)
$15,346
30 Multikey Software Upgrades for existing
APX8000 Portables HGAC discount ($1,251)
$11,259
Subtotal (Taxable) $1,699,047
XTL/XTS Buy Back Credit ($200,000)
Integration for Console Encryption (Dispatch) $201,148
Tax 8.5% $144,419
Total $1,844,614
*HGAC - Competitively Bid Contract thru a Cooperative Purchasing Program.

Prior Council Action: None.

Other: N/A
Alternatives: If the public safety radio system for City departments does not move to encryption, the departments will be required to significantly alter operational practices having impacts on staffing, staff safety, interoperability, and field operations to meet the DOJ mandate.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to enter into a purchase agreement with Motorola in the amount of $1,844,614 to replace radios and to perform software upgrades for Police, Fire, Code Enforcement, Animal Control, and Parks with encryption capabilities pursuant to State and Federal mandates; and appropriate an additional $427,614 from ARPA funds which includes $20,000 for services required by Tulare County Information Technology Department. Motorola contract price made available through The Houston-Galveston Area Council (HGAC) RA05-21, a Cooperative Purchasing Program.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Motorola Proposal
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The design, technical, pricing, and other information (“Information”) furnished with this budgetary submission is proprietary and/or trade secret information of Motorola Solutions, Inc. (“Motorola Solutions”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola Solutions. The Information provided in this budgetary submission is provided for evaluation purposes only and does not constitute a binding offer to sell or license any Motorola Solutions product or services. Motorola Solutions is making no representation, warranties, or commitments with respect to pricing, products, payment terms, credit, or terms and conditions. A firm offer would require more information and further detailed analysis of the requirements.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2022 Motorola Solutions, Inc. All rights reserved.

CITY OF VISALIA POLICE

DEPARTMENT

ENCRYPTION AND SUBSCRIBERS DECEMBER 13, 2022

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Motorola Solutions, Inc. Tel. + 1 847 576 5000
1303 E. Algonquin Rd. Fax + 1 847 538 6020
Schaumburg, IL 60196
USA
December 13, 2022
City of Visalia Police Department
420 N Burke St.

Visalia, CA 93292
Subject: Encryption and Subscribers
Dear Dexter Valencia,
Motorola Solutions, Inc. (“Motorola Solutions”) is pleased to have the opportunity to provide the City of Visalia Police Department (PD) with quality communications equipment and services. The Motorola Solutions project team has taken great care to propose a solution that will address your needs and provide exceptional value.

To address the functional and operational specifications of this solicitation, our solution includes a combination of hardware, software, and services. Specifically, this solution is for a console add on and provides:
• 1 KVL 5000
• Licenses to add encryption to 12 existing VPMs and 2 APX 7500 Consolettes • 371 New Subscribers
• 294 Upgrades to existing Subscribers
Motorola’s proposal consists of this cover letter and Communications System and Services Agreement (CSSA), together with its Exhibits and attachments. This proposal shall remain valid until December 22, 2022. The City of Visalia PD may accept the proposal by delivering to Motorola the signed CSSA.

Alternatively,
Motorola Solutions would be pleased to address any concerns the City of Visalia PD may have regarding the proposal. Any questions can be directed to your Motorola Senior Account Manager, Jeff Wade, at (707) 548-6527 or [email protected] We thank you for the opportunity to furnish the City of Visalia PD with “best in class” solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you w ith the best products and services available in the communications industry.

Sincerely,
Motorola Solutions, Inc.

Mike De Benedetti
MSSSI Territory Vice President,
Northern California
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Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted System Description 1-2

TABLE OF CONTENTS
Contents
Section 1 .......................................................................................................... 1-1 System Description .......................................................................................... 1-1

1.1 Introduction ................................ ................................ ................................ ......................... 1-1

1.2 Secure Communications at the Console ................................ ................................ .............. 1-2

1.3 KVL 5000 Key Variable Loader ................................ ................................ ........................... 1-3

1.4 Subscribers ................................ ................................ ................................ ......................... 1-3

1.4.1 APX 4000 Portable Radio ................................ ................................ ................................ 1-4

1.4.2 APX 6000XE Portable Radio ................................ ................................ ........................... 1-5

1.4.3 APX 6500 Enhanced Mobile Radio ................................ ................................ .................. 1-5

1.5 Design and Implementation Assumptions ................................ ................................ ............ 1-7 Section 2 .......................................................................................................... 2-1 Performance Schedule ..................................................................................... 2-1 Section 3 .......................................................................................................... 3-1 Equipment List ................................................................................................. 3-1 Section 4 .......................................................................................................... 4-1 Statement of Work ............................................................................................ 4-1

4.1 Motorola Responsibilities ................................ ................................ ................................ ..... 4-1

4.2 City of Visalia Police Department Responsibilities ................................ ............................... 4-1 Section 5 .......................................................................................................... 5-1 Pricing Summary .............................................................................................. 5-1

5.1 Pricing Encryption and Subscribers ................................ ................................ ..................... 5-1

5.2 Payment Terms ................................ ................................ ................................ ................... 5-2 Section 6 .......................................................................................................... 6-1 Contractual Documentation .............................................................................. 6-1 135
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Motorola Solutions Confidential Restricted System Description 1-1 SECTION 1

SYSTEM DESCRIPTION

1.1 INTRODUCTION
Motorola Solutions, Inc. (“Motorola”) is pleased to provide a budgetary to Visalia Police Department (Visalia PD) for the encryption of its radio voice messages. This covers the existing ASTRO 25 MCC 7500 consoles.

When it is absolutely critical that communications not be monitored by unauthorized parties, radio systems can be configured with encryption. Encryption ensures only authorized units in the system can listen to transmissions being made. Encrypted calls are protected end-to- end throughout the network
ASTRO systems can be equipped with current Project 25 algorithms and are fully compliant with all Federal Information Processing Standards (FIPS). The following encryptions are included in this proposal: AES and ADP.

The MCC 7500 dispatch console enables end-to-end encryption from the operator position to the ASTRO 25 network, so that at no point will Visalia PD’s communications be undermined by unencrypted transmissions. Each dispatch operator will be able to fully participate in secure communications while being confident that sensitive, vital information will not be heard by unauthorized individuals. A diagram is shown in Figure 1-1.

Figure 1-1 : Encrypted Voice Path between console to subscriber unit S2500
MCC 7500 Console
Voice Procesing Module
(VPM)

DISPATCH
SWITCH

DISPATCH ROUTER

VOICE ENCRYPTION/

DECRYPTION AT VPM
Base Radio transmits the
Encrypted Audio over RF

SUBSCRIBER

VOICE ENCRYPTION/

DECRYPTION AT

SUBSCRIBER
LEGEND

ENCRYPTED AUDIO

CLEAR AUDIO

CLEAR AUDIO TO AND

FROM THE SPEAKERS
Subscriber receives the
Encrypted Audio over RF
Voice over IP to and from
the Master Site

MASTER SITE
Voice over IP to and from
the RF Site

RF SITE
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Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted System Description 1-2 The solution includes the following:
- Upgrade of all twelve (12) MCC7500 consoles with AES Encryption - Add ADP Encryption in the spare VPM
- Provide 1 new KVL5000 - Key Variable Loader with AES and ADP Encryptions - Upgrade of two (2) consolettes to support AES Encryption and Multi Key Operations - Provide 173 APX 4000 UHF R1 frequency band Model 2 portables for PD - Provide 136 APX 6500 Enhanced UHF R1 frequency band mobiles for PD - Provide 44 APX 6000XE VHF frequency band Model 3.5 portables for FD - Provide 13 APX 6500 Enhanced VHF frequency band mobiles (Single Control Head) for FD
- Provide 5 APX 6500 Enhanced VHF frequency band mobiles (Dual Control Head) for FD - Upgrade existing 147 portables and mobiles with AES encryption - Upgrade existing 71 APX 4000 portables, 46 APX 6500 enhanced mobiles and 30 APX 8000 portables with Multikey feature

1.2 SECURE COMMUNICATIONS AT THE CONSOLE
The console itself encrypts and decrypts radio voice messages. Thus, radio voice messages are encrypted end-to-end, from the field radio user to the dispatch console. The console operator can choose whether or not to encrypt their transmissions on a particular trunked resource. Console operators can interface with agencies that have different encryption configurations without any manual intervention or delay. The MCC 7500 Console can support up to 60 calls simultaneously, using up to four different algorithms and multiple encryption keys.

To help reduce potential errors when managing encrypted communications, the MCC 7500 interface provides alerts when the console mode does not match that of a received call, and when a patch or multi-select group is being set up between a mix of clear and secure channels.

Currently, all existing MCC 7500 dispatch consoles have no AES encryption. 137
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Motorola Solutions Confidential Restricted System Description 1-3

1.3 KVL 5000 KEY VARIABLE LOADER
The KVL 5000 allows programmers to generate, transport, and load encryption keys, securely and efficiently into secure communication products thereby enabling secure encrypted communications. Packaged in an easy to use one-handed
design with an intuitive UI.

Designed to meet the requirements of two-way radio
programmers, the purpose-built KVL 5000 delivers a quick start and snappy response for easy and efficient key loading - without interrupting the rest of their workflow. The only key loader that can protect keys with hardware protected key store, the KVL 5000 provides users with the highest level of secure programming and information protection.

KVL 5000 FEATURES
 FIPS 140-2 Level 2 key loader
 HSM to protect keys
 Automatic key load
 Dead battery operation
 AES included
 Store and forward included
 Hardened out of the box
One (1) KVL 5000 with AES and ADP encryptions and all the appropriate cables are included in this proposal.

1.4 SUBSCRIBERS
The proposal includes the following units:
 173 APX 4000 UHF R1 frequency band Model 2 portables for PD  136 APX 6500 Enhanced UHF R1 frequency band mobiles for PD  44 APX 6000XE VHF frequency band Model 3.5 portables for FD  13 APX 6500 Enhanced VHF frequency band mobiles (Single Control Head) for FD  5 APX 6500 Enhanced VHF frequency band mobiles (Dual Control Head) for FD KVL 5000
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Motorola Solutions Confidential Restricted System Description 1-4

1.4.1 APX 4000 Portable Radio
The APX 4000 delivers all the benefits of P25 technology in the smallest P25 Phase 2 portable in the industry. Easy to use, tough as nails, and a hard value to beat for public safety first responders for fast, interoperable communications.

Durable enough to withstand dust, heat, shock, and
submersion, the APX 4000 is IP67 and MIL- STD certified. It’s packed with key features to help keep users safe, like
mission-critical wireless, two-microphone noise suppression, GPS outdoor location, and AES encryption.

Motorola Solutions' APX 4000 is the smallest and lightest P25 Phase 2 TDMA capable portable radio in the industry, created specifically for personnel responding to natural disasters or public safety issues. It provides users with a feature-rich portable radio with a unique form factor in a compact and rugged design.

Designed to accommodate rugged and extreme environments, the APX 4000 has enhanced safety features in a simplified, compact design. Some of its standard features and benefits are identified below:
 Improved Efficiency and Safety – Supports Integrated Voice and Data (IV&D) capabilities to enhance the efficiency and safety of Visalia PD’s users through various data applications (Over-the-Air Programming (POP25), Text Messaging).  Excellent Audio Qualities – Coordination and communication efforts are intelligible in high-noise environments due to high-spec RF performance capabilities. Dual-sided two- microphone noise-canceling technology ensures clear audio. An AMBE digital voice vocoder provides unmatched speed and voice quality, while reducing costs by requiring less data, memory and power consumption.
 Rugged Housing and Internal Components – Rugged-design features include submersible IP67 standards with the option to upgrade to a rugged housing (2 meters, 2 hours). This feature ensures radio functionality even when immersed in water; Meets all applicable MIL-STD-810C, D, E, F and G standards for withstanding dust, heat, shock, and drops, making it the most reliable portable radio in any situation.

Included in this proposal are 173 APX4000 UHF R1 frequency band Model 2 portables for Visalia PD.
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Motorola Solutions Confidential Restricted System Description 1-5

1.4.2 APX 6000XE Portable Radio
Designed with input from first responders, the APX
6000XE provides superior audio performance and
reliability for users working in extreme environments.

Benefits of the APX 6000XE include:
 Enhanced Efficiency and Safety – Supports
Integrated Voice and Data (IV&D) capabilities to
enhance the efficiency and safety of Visalia FD’s
users through various data applications (AES
Encryption, Over-the-Air Programming (POP25),
Text Messaging, Site Selectable Alert Tones, and
Man Down).
 Superior Audio Performance – Dual-sided two-
microphone noise-canceling technology ensures clear audio through noise suppression technology that locates the user and cancels out any background noise in their environment. The APX 6000XE’s speaker can also automatically adjust to produce the loudest and clearest audio in any environment.
 Advanced Ergonomics for Extreme Conditions – The APX 6000XE’s design makes the radio easier to grip, hold, and control in harsh conditions, including water submersion. Its exaggerated controls make it easy to use while wearing gloves, and its enlarged screen provides easier visibility for users to read in darker conditions. The APX 6000XE is available in multiple color housing options based on Visalia FD’s preference (standard black, public safety yellow, and high impact green).

This proposal includes 44 APX6000XE VHF Model 3.5 portables for Visalia FD.

1.4.3 APX 6500 Enhanced Mobile Radio
Motorola Solutions’ APX 6500 Enhanced
mobile radio offers a flexible, mission-critical
platform that brings reliable communications
anywhere Visalia PD’s and FD’s operation
requires. With a lighter and more compact
form factor that works within a variety of
vehicle ecosystems, the APX 6500
Enhanced supports multiple configuration
options and advanced safety applications
directly from the field, such as ViQi Virtual
Partner, SmartConnect, and GPS location
tracking. These features allow field
personnel to stay in command of an incident
and respond safely and efficiently with
updated intelligence.
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Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted System Description 1-6 The APX 6500 Enhanced mobile is built to evolve alongside Visalia PD’s and FD’s personnel as new features and functionalities become available and operational needs change. This includes Wi-Fi support and connection to LTE routers for faster software updates.

The APX 6500 Enhanced mobile radio offers the following key benefits:
 Easy Installation – Streamlines installation and reduces cost with a smaller footprint and, if necessary, the reuse of trunnions.
 SmartConnect Integration – Offers automatic switchover to Wi-Fi (with configuration to Wi-Fi hotspot and an LTE router in the vehicle) when out of range of LMR coverage.

This SmartConnect integration extends public safety communications over carrier networks when in areas such as remote areas and municipalities.  ViQi Virtual Partner Integration – Provides vital public safety information via voice using this cloud-based service. With a single button press and simple audio prompt, personnel can use natural language to run a license plate or driver’s license, and search for vehicles with matching vehicle identification numbers from the field without disruption.

ViQi Virtual Partner is accessed with the keypad microphone or O3 control head via a programmable button, if applicable.
 CommandCentral Integration – Integrates CommandCentral Aware suite capabilities, such as Impact Detection, to trigger an alert in the event of a vehicle crash and allow dispatch personnel to respond immediately as new developments occur.  P25 and Legacy Interoperability – Unifies coordination and communication across different systems with P25 and legacy interoperability, supporting 700/800 MHz, VHF, UHF R1 frequency bands, and compatible with P25 Phase 1 and Phase 2 infrastructure.  Multiple Control Head Options – Supports flexible configuration based on specific needs, with multiple control head options and different wired locations. The APX 6500 Enhanced mobile is compatible with the O2, O3, O5, and O7 control heads, as well as the E5 control head.

The APX 6500 Enhanced mobile is also compatible with the following advanced features and data applications: AES/DES Encryption, Programming over Project 25 (POP25), Text Messaging Over-the-Air Rekeying (OTAR), 12 character RF ID asset tracking, Dual Radio capabilities, Tactical OTAR, and motorcycle mounting capabilities.

Included in this proposal are the following:
 136 APX 6500 Enhanced UHF R1 frequency band mobiles for PD  13 APX 6500 Enhanced VHF frequency band mobiles (Single Control Head) for FD  5 APX 6500 Enhanced VHF frequency band mobiles (Dual Control Head) for FD 141
Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted System Description 1-7

1.5 DESIGN AND IMPLEMENTATION ASSUMPTIONS
 New KVL 5000 with the AES and ADP encryptions will be provided.  No subscriber programming or modifications are included.  Visalia is responsible for providing subscribers that are equipped to handle AES and ADP encryption.
 All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56.
 All existing sites or equipment locations will have adequate electrical power (and backup power, if necessary) in the proper phase and voltage and site grounding to support the requirements of the system described by R56.
 Any site/location upgrades or modifications are the responsibility of Visalia PD.  Approved local, State, or Federal permits as may be required for the installation and operation of the proposed equipment, are the responsibility of Visalia PD.  Any required system interconnections not specifically outlined here will be provided by Visalia PD, including but not limited to dedicated phone circuits or microwave links.  AIS, IP logging recorder and control stations are excluded in this budgetary and will be proposed separately if needed.
 Any necessary demarcation points are defined as the Motorola Solutions-provided equipment. This includes demarcation for the following services:
 120VAC/ -48DC Power & Circuits
 Backup Power
 Grounding
 Communication Circuits and backhaul links between sites  Where necessary, Visalia PD will provide a dedicated delivery point—such as a warehouse— for receipt, inventory, and storage of equipment prior to delivery to the sites.
 Work is performed during normal business hours on non-holidays, Monday – Friday, 8am –5pm.
 Union labor and Prevailing Wage labor are not requirements.  No performance bond is required.
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Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted Performance Schedule 2-1 SECTION 2

PERFORMANCE SCHEDULE
A final project schedule will be developed based upon mutual agreement between Motorola Solutions and City of Visalia as part of the Detail Design Review (DDR). Motorola Solutions estimates the implementation of the Console Encryption to take approximately 6 months. 143
Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted Equipment List 3-1 SECTION 3

EQUIPMENT LIST

BLOCK QTY NOMENCLATURE DESCRIPTION
OP_POS_LIC 1 T8063 MCC 7500 SECURE VPM ALGORITHM UPGRADE FOR KVL 4000
OP_POS_LIC 12 CA00182AB ADD: AES ALGORITHM
OP_POS_LIC 1 T8063 MCC 7500 SECURE VPM ALGORITHM UPGRADE FOR KVL 4000
OP_POS_LIC 1 CA00245AA ADD: ADP ALGORITHM
OP_POS_LIC 1 BLN1304 SECURE OPERATION FIELD-ADD LICENSE KVL5000 1 T8476B KVL 5000
KVL5000 1 CA00182AW ADD: AES ENCRYPTION SOFTWARE
KVL5000 1 CA03358AA ADD: ASTRO 25 MODE
KVL5000 1 CA03467AA
ADD: NORTH AMERICA MICRO USB CHARGER
100/240V
KVL5000 1 CA00243AJ ADD: ADP PRIVACY
KVL5000 1 CB000262A01 CABLE,MICRO USB PROGRAMMING CABLE KVL5000 1 DQUUSBOTG
STARTECH.COM 5IN MICRO USB TO USB OTG

HOST ADAPTER M/F - USB ADAPTER
KVL5000 1 DQPSA1UB1EE

PORTSMITH USB TO ETHERNET RUGGED

ENCAPSULATED FOR ANDROID
KVL5000 1 NNTN7869B ADAPTER,APX SURVEILLANCE KEYLOAD ADAPTER KVL5000 1 TKN8531C CABLE FOR RNC, DIU MGEG
KVL5000 1 HKN6182B CABLE KEYLOADING ADAPTER CGAI
KVL5000 1 PMKN4012B PORTABLE PROGRAMMING CABLE
KVL5000 1 WPLN6904A KEYLOAD CABLE FOR APX7000
KVL5000 1 PMKN4013C PROGRAMMING, TEST & ALIGNMENT CABLE APX7500CON 1 T7936 APX UCM UPGRADE CD
APX7500CON 2 CA00182AR ADD: AES ENCRYPTION SOFTWARE
APX7500CON 1 T7559 DIGITAL CONVENTIONAL
APX7500CON 2 W969BJ ENH: MULTI KEY OPERATION
APX4000 173 H51QDF9PW6 N APX 4000 UHFR1 MHZ MODEL 2 PORTABLE APX4000 173 Q698 ADD: 2.5 INCH BELT CLIP
APX4000 173 Q811 ENH: SOFTWARE P25 CONVENTIONAL
APX4000 173 H869 ENH: MULTIKEY
144
Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted Equipment List 3-2 APX4000 173 Q629 ENH: AES ENCRYPTION AND ADP
APX4000 173 H885BK ADD: 3Y ESSENTIAL SERVICE
APX4000 173 PMPN4174A CHGR DESKTOP SINGLE UNIT IMPRES, US/NA APX4000 173 PMMN4062AL

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,IMPRES RSM, NOISE CANC. EMER
APX6500 136 M25QSS9PW1BN APX6500 ENHANCED UHF R1
APX6500 136 GA00250 ADD: WIFI/GNSS FLEXIBLE CABLE LMR195 APX6500 136 G48 ENH: CONVENTIONAL OPERATION APX6500
APX6500 136 G67DT ADD: REMOTE MOUNT E5 APXM
APX6500 136 G78 ADD: 3Y ESSENTIAL SERVICE
APX6500 136 G618 ADD:CBL REMOTE MOUNT 10 FEET
APX6500 136 B18 ADD: AUXILIARY SPKR 7.5 WATT
APX6500 136 G843 ADD: AES ENCRYPTION APX AND ADP
APX6500 136 G89 ADD: NO RF ANTENNA NEEDED
APX6500 136 G444 ADD: APX CONTROL HEAD SOFTWARE
APX6500 136 G806 ENH: ASTRO DIGITAL CAI OP APX
APX6500 136 GA01670 ADD: APX E5 CONTROL HEAD
APX6500 136 W22 ADD: STD PALM MICROPHONE APX
APX6500 136 W969 ADD: MULTIPLE KEY ENCRYPTION OPERATION APX6500 - UPGRADE 1 T7695 DIGITAL CONVENTIONAL
APX6500 - UPGRADE 46 W969BL ENH: MULTIKEY OPERATION
APX4000 - UPGRADE 1 T7906 DIGITAL CONVENTIONAL
APX4000 - UPGRADE 71 H869CC ENH: MULTIKEY
APX UPGRADE 1 T7936 APX UCM UPGRADE CD
APX UPGRADE 46 CA00182AR ADD: AES ENCRYPTION SOFTWARE
APX UPGRADE 1 T7936 APX UCM UPGRADE CD
APX UPGRADE 71 CA00182AR ADD: AES ENCRYPTION SOFTWARE
APX6000XE 44 H98KGH9PW7BN APX6000 VHF MHZ MODEL 3.5 PORTABLE APX6000XE 44 Q667
ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US
ONLY)
APX6000XE 44 QA02006 ENH: APX6000XE RUGGED RADIO
APX6000XE 44 Q58 ADD: 3Y ESSENTIAL SERVICE
APX6000XE 44 H35 ADD: CONVENTIONAL OPERATION
APX6000XE 44 QA01427 ALT: IMPACT GREEN HOUSING
APX6000XE 44 Q806 ADD: ASTRO DIGITAL CAI OPERATION
145
Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted Equipment List 3-3 APX6000XE 44 PMMN4106D
XE500 HIGH IMPACT GREEN, CHANNEL KNOB,

XTREME TEMPERATURE CABLE
APX6500 13 M25KSS9PW1BN APX6500 ENHANCED VHF
APX6500 13 G48 ENH: CONVENTIONAL OPERATION APX6500
APX6500 13 G78 ADD: 3Y ESSENTIAL SERVICE
APX6500 13 GA01606AA ADD: NO GPS/WI-FI ANTENNA NEEDED
APX6500 13 G618 ADD:CBL REMOTE MOUNT 10 FEET
APX6500 13 B18 ADD: AUXILIARY SPKR 7.5 WATT
APX6500 13 G89 ADD: NO RF ANTENNA NEEDED
APX6500 13 G444 ADD: APX CONTROL HEAD SOFTWARE
APX6500 13 G806 ENH: ASTRO DIGITAL CAI OP APX
APX6500 13 W22 ADD: STD PALM MICROPHONE APX
APX6500 13 G193
ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US
ONLY)
APX6500 13 G67DU ADD: REMOTE MOUNT O7 APXM
APX6500 13 GA00805 ADD: APX O7 CONTROL HEAD.

APX6500 5 M25KSS9PW1BN APX6500 ENHANCED VHF
APX6500 5 GA00250 ADD: WIFI/GNSS FLEXIBLE CABLE LMR195
APX6500 5 G48 ENH: CONVENTIONAL OPERATION APX6500
APX6500 10 G628 ADD: REMOTE MOUNT CBL 17 FEET
APX6500 5 G78 ADD: 3Y ESSENTIAL SERVICE
APX6500 10 B18 ADD: AUXILIARY SPKR 7.5 WATT
APX6500 5 G89 ADD: NO RF ANTENNA NEEDED
APX6500 5 G444 ADD: APX CONTROL HEAD SOFTWARE
APX6500 5 G806 ENH: ASTRO DIGITAL CAI OP APX
APX6500 10 W22 ADD: STD PALM MICROPHONE APX
APX6500 5 G193
ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US
ONLY)
APX6500 5 G67DU ADD: REMOTE MOUNT O7 APXM
APX6500 5 GA00092 ADD: APXM DUAL CH
APX6500 5 GA00805 ADD: APX O7 CONTROL HEAD.

APX8000 UPGRADE 1 T8550 DIGITAL CONVENTIONAL
APX8000 UPGRADE 30 H869BX ENH: MULTIKEY
APX8000 UPGRADE 1 T7936 APX UCM UPGRADE CD
APX8000 UPGRADE 30 CA00182AR ADD: AES ENCRYPTION SOFTWARE 146
Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted Statement of Work 4-1 SECTION 4

STATEMENT OF WORK
Motorola is proposing to City of Visalia Police Department the installation and configuration of the following equipment at the specified locations.

Site Name Major Equipment
City of Visalia PD KVL 5000, Licenses to add encryption to 12 existing VPMs for 2 existing APX 7500 Consolettes
The document delineates the general responsibilities between Motorola and City of Visalia Police Department as agreed to by contract.

4.1 MOTOROLA RESPONSIBILITIES
Motorola’s general responsibilities include the following:
 Perform the installation of the Motorola supplied equipment described above  Schedule the implementation in agreement with City of Visalia Police Department  Coordinate the activities of all Motorola personnel and subcontractors under this contract  Installation, optimization, and programming of Key Variable Loader to support console and subscriber encryption
 Administer safe work procedures for installation
 Acceptance Testing of KVL equipment
 Project Management, System Technologist, Post Sale Engineering Support  Documentation modifications
NOTE: No subscriber flashes, programming, or implementation is included

4.2 CITY OF VISALIA POLICE DEPARTMENT RESPONSIBILITIES
City of Visalia Police Department will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola. General responsibilities for City of Visalia Police Department include the following:
 Provide all buildings and equipment shelters required for system installation  Insure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment.
 Obtain site access required for project implementation.  Coordinate the activities of all City of Visalia Police Department vendors or other contractors.
 Provide Fleetmapping for subscribers.
 Load encryption keys into subscribers.
 Programming of subscribers.
147
Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted Statement of Work 4-2  Installation of mobile radios.
 Loading flashes into existing radios.
148
Encryption Use or disclosure of this budgetary proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted Pricing Summary 5-1 SECTION 5

PRICING SUMMARY

5.1 PRICING ENCRYPTION AND SUBSCRIBERS
Description List
KVL 5000 and VPM Encryption
Equipment Price:$26,954
HGAC Discount:($4,452)
$22,502
173 APX4000 UHF R1 Model 2 Portables
Equipment Price:$735,250
HGAC Discount:($192,258)
$542,992
136 APX6500 UHF R1 Mobiles
Equipment Price:$916,912
HGAC Discount: ($241,103)
$675,809
44 APX6000XE VHF Model 3.5 Portables
Equipment Price:$304,260
HGAC Discount: ($78,664)
$225,596
18 APX6500 VHF Mobiles
Equipment Price:$107,557
HGAC Discount: ($28,185)
$79,372
147 AES Encryption Software Upgrades for existing portables and mobiles $102,485
71 Multikey Software Upgrades for existing APX4000 Portables Equipment Price: $29,607
HGAC Discount: ($5,921)
$23,686
46 Multikey Software Upgrades for existing APX6500 Mobiles Equipment Price: $19,182
HGAC Discount: ($3,836)
$15,346
30 Multikey Software Upgrades for existing APX8000 Portables Equipment Price: $12,510
HGAC Discount: ($1,251)
$11,259
XTL/XTS PD and APX 7000 Fire Buy Back Credit (Expires
December 22, 2022) ($200,000)
Integration for Console Encryption $201,148
Estimated Taxes on Equipment Only (8.5%) $144,419
Total $1,844,614
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Motorola Solutions Confidential Restricted Pricing Summary 5-2

5.2 PAYMENT TERMS
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones.

System Purchase (excluding Subscribers)

1. 50% of the Contract Price due upon shipment of equipment;

2. 50% of the Contract Price due upon Final Acceptance.

If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).

Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum allowable rate. Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable.
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Motorola Solutions Confidential Restricted Contractual Documentation 6-1 SECTION 6

CONTRACTUAL

DOCUMENTATION
This proposal is subject to the terms and conditions of the Communications System and Services Agreement (CSSA) provided in the following pages. 151
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1 Communications System and Services Agreement
Motorola Solutions, Inc. (“Motorola”) and _______________________________________ (“Customer”) enter into this “Agreement,” pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows:

Section 1 ATTACHMENTS

1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement.

Exhibit A “Motorola Software License Agreement”
Exhibit B “Payment”
Exhibit C Technical and Implementation Documents
C-1 “System Description” dated _______________
C-2 “Pricing Summary & Equipment List” dated _______________ C-3 “Implementation Statement of Work” dated _______________ C-4 “Acceptance Test Plan” or “ATP” dated _______________ C-5 “Performance Schedule” dated _______________
Exhibit D “System Acceptance Certificate”

1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased.

1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their li sted order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits.

Section 2 DEFINITIONS
Capitalized terms used in this Agreement have the following meanings:
“Acceptance Tests” means those tests described in the Acceptance Test Plan. “Addendum (Addenda)” is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and Syste m implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein.
“Administrative User Credentials” means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer’s personnel with access to the Administrative User Credentials may be referred to as the Administrative User. “Beneficial Use” means when Customer first uses the System or a Subsystem for op erational purposes (excluding training or testing).
“Confidential Information” means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or samp le form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to 152

Communication System and Services Agreement v.2.9.2021
2 recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient with in thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent.

“Contract Price” means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, “Payment” or the pricing pages of the proposal , recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price.

“Deliverables” means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to prov ide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work.

“Derivative Proprietary Materials” means derivatives of the Proprietary Materials that Motorola may from time to time, including during th e course of providing the Services, develop and/or use and/or to which Motorola provides Customer access.

“Effective Date” means that date upon which the last Party executes this Agreement.

“Equipment” means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List.

“Feedback” means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement.

“Force Majeure” means an event, circumstance, or act that is beyond a Party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause.

“Motorola Software” means software that Motorola or its affiliated companies owns.

“Non-Motorola So ftware” means software that a party other than Motorola or its affiliated companies owns.

“Open Source Software” (also called “freeware” or “shareware”) means software with either freely obtainable source code, license for modification, or permission for free distribution.

“Proprietary Materials” means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practic es and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties.

“Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know -how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party.

“Services” means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be fu rther described in the applicable Addendum 153

Communication System and Services Agreement v.2.9.2021
3 and/or SOW.

“Software” (i) means proprietary software in object code format, and adaptations, translations, de - compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the term s of this Agreement.

“Software License Agreement” means the Motorola Software License Agreement (Exhibit A).

“Software Support Policy” (“SwSP” ) means the policy set forth at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola’s discretion.

“Solution” means the combination of the System(s) and Services provided by Motorola under this Agreement.

“Solution Data” means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know -how to produce value -added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services.

“Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents.

“SUA” or “SUA II” means Motorola’s Software Upgrade Agreement program.

“Subsystem” means a major part of the System that performs specific functions or operations.

Subsystems are described in the Technical and Implementation Documents.

“System” means the Equipment, in cluding incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents.

“System Acceptance” means the Acceptance Tests have been successfully completed. “System Data” means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.

“Warranty Period” for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.

Section 3 SCOPE OF AGREEMENT AND TERM

3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.

3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform 154

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4 this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.

3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last. The term and the effective date of recurring Services will be set forth in the applicable Addendum.

3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, an d payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within t hirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the “Underlying Agreement” for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registr ation and other information may be found at https://www.motorolasolutions.com/en_us/registration and the shop support telephone number is (800) 814-0601.

3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement . Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.

3.6. NON-MOTOROLA SOFTWARE. Any Non -Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non -Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any k ind regarding Non-Motorola Software. Non -Motorola Software may include Open Source Software.

3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.

3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has th e right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implemen tation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License 155

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5 Agreement, hosting terms, and modifications to the acceptance and warranty provisions.

Section 4 SERVICES

4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer’s issuance and Motorola’s acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and cond itions applicable to the performance of Services will apply to the extended Agreement.

4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorol a Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such s ervices in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.

To obtain any such additional Services, Customer will issue a purchase order referring to th is Agreement and the separate proposal document. Omission of reference to this Agreement in Customer’s purchase order will not affect the applicability of this Agreement. Motorola’s proposal may include a cover page entitled “Service Agreement” or “Instal lation Agreement”, as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference

4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola’s proposal for such additional services.

4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola’s property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.

4.5. TOOLS. All tools, equipment, dies, gauge s, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custo dy or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.

4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found 156

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6 to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.

4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.

4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer’s obligations are not performed, Motorola’s ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.

4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.

4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.

4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered t o be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.

Section 5 PERFORMANCE SCHEDULE

The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

Section 6 CONTRACT PRICE, PAYMENT AND INVOICING

6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law . The Customer will pay all invo ices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on inv oices for payment in accordance with this Agreement.

6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $________________________. If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum.

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7 6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Shipping Addresses. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice . Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36-1115800.

6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre -pay and add all freight charges to the invoices. Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to C ustomer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.

6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:

Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________

E-INVOICE. To receive invoices via email:

Customer Account Number:____________________________________________________________ Customer Accounts Payable Email:______________________________________________________ Customer CC(optional) Email: __________________________________________________________

The address which is the ultimate destination where the Equipment will be delivered to Customer is:

Name:______________________________________________________________________________ Address:_____________________________________________________________________________

The Equipment will be shipped to the Customer at the following address (insert if this information is known):

Name:____________________________________________________________________________ __ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________

Customer may change this information by giving written notice to Motorola.

Section 7 SITES AND SITE CONDITIONS

7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may p erform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.

7.2. SITE CONDITIONS. Customer will ensure that all work s ites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate:
physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non -conformities with th e requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 158

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8 7.3. SITE ISSUES. If a Party determines that the sites identified in the Te chnical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will prompt ly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.

Section 8 TRAINING

Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work.

Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.

Section 9 SYSTEM ACCEPTANCE

9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.

9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certifica te. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the fai lure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.

9.3. BENEFICIAL USE. Customer acknowledges th at Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.

9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.

Section 10 REPRESENTATIONS AND WARRANTIES

10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or 159

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10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Equipment.

10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.

10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipm ent or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of th e Equipment; and (vii) normal or customary wear and tear.

10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicabl e Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, “recommendations”). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.

10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equi pment or Motorola Software. These actions will be the full extent of Motorola’s liability for the warranty claim. In the event of a valid Services warranty claim, Customer’s sole remedy is to require Motorola to re -perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non -conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s the n current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.

10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.

10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMP LETE

WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS 160

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OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANTABI LITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Section 11 DELAYS

11.1. FORCE MAJEURE. Neither Party will be liable for its non -performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.

11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will exe cute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan.

Section 12 DISPUTES

The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”).

12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.

12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good fai th negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.

12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authorit y to settle the Dispute.

12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.

12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution proc edures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either 161

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Section 13 DEFAULT AND TERMINATION

13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving th e non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party tha t it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan.

13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section

13.1, unless otherwise agreed in writing, the non -defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non - defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the S ystem to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price.

Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to term inate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.

Section 14 INDEMNIFICATION

14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Cu stomer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This Section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement.

14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This Section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement.

14.3. PATENT AND COPYRIGHT INFRINGEMENT.

14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third -party claim alleging that the Equipment manufactured by Motorola or the Mot orola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”). Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Mo torola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In a ddition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer 162

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14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify th e Motorola Product so that it becomes non -infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.

14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordan ce with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.

14.3.4. This Section 14 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of a n Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15.

Section 15 LIMITATION OF LIABILITY

Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola’s total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES

ACKNOWLEDGE THE POSSIBILITY OF SU CH LOSSES OR DAMAGES, THEY AGREE THAT

MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,

INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELA TED TO OR ARISING

FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.

Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS

16.1. CONFIDENTIAL INFORMATION.

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13 16.1.1. Each party is a disclosing party (“Discloser”) and a receiving party (“Recipient”) under this Agreement. All Deliverables will be deemed to be Motorola’s Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any whol ly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substan tially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement.

16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser’s Confidential Information or any breach of this Agreement.

16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. With in ten (10) days of receipt of Discloser’s written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However , Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.

16.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGH TS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not g rant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.

16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Moto rola be required to provide any data related to cost and pricing.

16.4 DATA AND FEEDBACK.

16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created 164

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14 solely by it or its agents (hereafter, “Customer Data” ), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data.

16.4.2 Motorola owns all right, title and int erest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, “Derivative Data”).

16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exp loit the Feedback without any obligation to Customer.

Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes , modifications or improvements to the Motorola product or service will vest solely in Motorola.

Section 17 GENERAL

17.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will sen d an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal p roperty tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth.

17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may as sign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.

17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.

17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement inv alid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.

17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority 165

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15 to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.

17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be cons trued as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.

17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt.

17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System.

Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in F CC or other matters.

17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.

17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.

17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials . Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola’s ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and material s basis for resolving the issue.
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16 17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non -Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection

10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.

17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a wr itten instrument signed by authorized representatives of both Parties.

The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement , even if a representative of each Party signs that document.

The Parties hereby enter into this Agreement as of the Effective Date.

Motorola Solutions, Inc. Customer

By: ______________________________ By: ______________________________

Name: ___________________________ Name: ____________________________

Title: ____________________________ Title: _____________________________

Date: ____________________________ Date: _____________________________

Exhibit A

MOTOROLA SOFTWARE LICENSE AGREEMENT

This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and ______________________________________ (“Licensee”).

For good and valuable consideration, the parties agree as follows:

Section 1 DEFINITIONS

1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.

1.2 “Documentation” means product and softwar e documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 167

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17 1.3 “Open Source S oftware” means software with either freely obtainable source code, license for modification, or permission for free distribution.

1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed.

1.5 “Primary Agreement” means the agreement to which this exhibit is attached.

1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.

1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de - compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a th ird party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.

Section 2 SCOPE

Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre -loaded proprietary software, or both. This Agreement contains the terms and conditions of the lic ense Motorola is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation.

Section 3 GRANT OF LICENSE

3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorol a grants to Licensee a personal, limited, non -transferable (except as permitted in Section 7) and non - exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Softw are, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.

3.2. If the Software licensed under this Agreement contains or is derived fro m Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license g rants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).

3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED

WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES

EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT

SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.

Section 4 LIMITATIONS ON USE

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18 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.

4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back -up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.

4.3. Unless otherwise authorized by Motorola in writing, Licensee will not , and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device.

Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on whic h the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.

4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with thi s Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.

Section 5 OWNERSHIP AND TITLE

Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade sec rets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de -compilations, disassemblies, emulations to or deriva tive works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implicati on, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.

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19 Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY

6.1. Unless otherwise stated in the P rimary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreemen t, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products w ill be uninterrupted, error - free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.

6.2 Motorola’s sole obligation to Licensee and Li censee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally -equivalent Software, license to Licensee substitut e Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.

6.3. Warranty claims are described in the Primary Agreement.

6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non -infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by co urse of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.

Section 7 TRANSFERS

Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FL ASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a tran sfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.

Section 8 TERM AND TERMINATION

8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.

8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been remo ved or deleted from the Designated Products and 170

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20 that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.

8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).

Section 9 Commercial Computer Software

9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227 - 7014(a)(1) and 48 C.F.R. Part 252.227 -7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227 -7015, 48 C.F.R.

Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.

9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in t his Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection

9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.

Section 10 CONFIDENTIALITY

Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.

Section 11 LIMITATION OF LIABILITY

The Limitation of Liability provision is described in the Primary Agreement.

Section 12 NOTICES

Notices are described in the Primary Agreement.

Section 13 GENERAL

13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.

13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including 171

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21 export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re -export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.

13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.

13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.

13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contr acts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under thi s Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.

13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreeme nt. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.

13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.

13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.

13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.

Exhibit B

PAYMENT
172

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22 Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.

System Purchase (excluding Subscribers, if applicable)

1. 50% of the Contract Price due upon shipment of equipment;

2. 50% of the Contract Price due upon Final Acceptance.

If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).

Motorola shall make partial shipmen ts of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site -by-site basis or when professional services are completed, when applicable. The value of the equipment ship ped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.

For Lifecycle Support Plan and Subscription Based Services:

Motorola will invoice Customer annually in advance of each year of the plan.

The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.

These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours.

Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at
https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.

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23 EXHIBIT D

System Acceptance Certificate

Customer Name: ______________________________________________________

Project Name: ________________________________________________________

This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that:

1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.

2. The System is accepted.

Customer Representative: Motorola Representative:

Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________

FINAL PROJECT ACCEPTANCE:

Motorola has provided and Customer has received all deliverables, and Motorola has performed al l other work required for Final Project Acceptance.

Customer Representative: Motorola Representative:

174
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0416 Agenda Date: 12/19/2022 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager to execute a contract with the consulting firm of Griffin Structures, for construction management services for Phase 2 of the Visalia Civic Center Project for an amount not to exceed $1,469,834 and authorize the appropriation of $1.5M from the Civic Center Reserve Fund. (Project Number 3720-72000/CP0374-999).

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number:

Mike Porter, Civil Engineer, 713-4412, [email protected] Frank Senteno, City Engineer, 713-4331, [email protected] Nick Mascia, Public Works Director, 713-4323, [email protected] Department Recommendation:

Staff recommends that the City Manager execute a contract with Griffin Structures, for construction management (CM) services for Phase 2 of the Visalia Civic Center Project for an amount not to exceed $1,469,834 and authorize the appropriation of $1,500,000 from the Civic Center Reserve Fund.

Background Discussion:

The City’sConsultant Selection Committee was tasked with selecting the most qualified consultant to provide CM services for Phase 2 of the Civic Center Project. The Selection Committee was comprised of an interdepartmental team of City employees from the Fire, Police, and Administration Departments, and the City Council. The Selection Committee followed the evaluation process as stated in the City’sRequest for Proposals (RFP) # 22-23-16. The City received proposals from the following five consultants:
· Griffin Structures, Inc. (Irvine, CA)
· Vanir Construction Management, Inc. (Fresno, CA)
· Kitchell/CEM, Inc. (Fresno, CA)
· Klassen, Corp. (Bakersfield, CA)
· Cumming (Roseville, CA)
The Committee carefully reviewed and rated all written proposals in accordance with the grading criteria contained in the advertised request for proposals. The Committee then invited the top three proposal teams (Griffin, Vanir and Kitchell) and conducted in-person interviews, utilizing the evaluation criteria prescribed in the RFP. Members of the selection committee agreed that Griffin clearly demonstrated the highest level of expertise in the critical areas listed in the RFP.

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File #: 22-0416 Agenda Date: 12/19/2022 Agenda #: 5.

The City’s Consultant Selection Committee (Committee) is recommending Griffin as the most qualified proposer to provide construction management services for Phase 2 of the Civic Center Project. The Committee’srecommendation is based upon a careful evaluation of Griffin’swritten proposal, in-person interview, and the team’sdepth of directly related experience. Specifically, the Griffin Team’s recent experience includes Civic Center projects in Orange County, Watsonville, Eastvale, Hesperia, and San Bernadino, to name a few. Their experience also includes many Public Safety facilities, including in Salinas, Westminster, Buena Park, and the City of Visalia (VECC). In the Proposal, Griffin provided relevant examples and references that demonstrate their recent project related experience. They also provided extensive references and have experience working directly with the City’s Architectural & Engineering team.

The project is nearing the end of the schematic design phase of the project. As of the writing of this report, the Civic Center Phase II Site Master plan identifying the location of the Public Safety Office Building (PSOB), Police Evidence and Support Building, and future City Hall were determined (November 21, 2022 City Council meeting). Schematic floor plans for the PSOB and Evidence buildings have been completed. Schematic floor plans for the Council Chambers are being finalized pending final layout/orientation of the building at its designated location. Hiring of the construction management firm is recommended while the project is during and/or near the completion of schematic design. This time period is ideal for the purpose of identifying any value engineering opportunities early on.

Fiscal Impact:

The current CIP includes the A/E contract of $3,519,833.86 with Darden Architects. It is still too early to develop a construction cost estimate and associated project costs, therefore Staff will return at a later date with an update on estimated construction costs, an overall project schedule, and a more accurate project budget following the completion of the schematic design phase.

The project’s current budget summary is as follows:

Civic Center Phase 2 Budget Summary (CIP 3720-72000/CP0374-999) Phase 2 Project Budget:

Fund 003 - Civic Center/Public Safety Reserve - Total
Budget
$3,750,000.00
Current Project Costs:

Darden contract amount awarded $2,163,333.86
Darden additional contract amendment $1,356,500.00
Staff Project Management (est.) $ 180,000.00
Total Current Project Costs: $3,699,833.86
Remaining CIP Budget $ 50,166.14
Estimated Project Cost (Design phase):

Griffin CM base contract amount requested $1,180,000.00 Griffin - Additional part time inspector contingency (as needed)
$ 340,000.00
Total Griffin CM contract amount requested$1,520,000.00 Appropriation:

Current budget shortfall <$1,469,833.86>
Additional budget allocation requested $1,500,000.00
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File #: 22-0416 Agenda Date: 12/19/2022 Agenda #: 5.

Civic Center Phase 2 Budget Summary (CIP 3720-72000/CP0374-999) Phase 2 Project Budget:

Fund 003 - Civic Center/Public Safety Reserve - Total
Budget
$3,750,000.00
Current Project Costs:

Current budget shortfall <$1,469,833.86>
Additional budget allocation requested $1,500,000.00
Due to the project entailing the construction of multiple buildings over an area of approximately 5- acres, there could occur the need for construction oversight services required at separate sites needed concurrently. Therefore, the above table includes a contingency line item for additional inspection services to be provided by Griffin. Services will be as-needed and charged on a time and material basis.

Based on the above current budget shortfall, an appropriation of $1.5M is being requested to fund Griffin’sCM contract. Approval of the above additional budget allocation is recommended in order to proceed with the project design.

Again, as mentioned above, staff will return with an updated project budget following completion of the project’s schematic design anticipated at the beginning of 2023.

Prior Council Action:

November 21, 2022 - Continued discussion on Civic center Phase II, City Council approved building locations (footprints) and preliminary site plan.

June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.

March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.

November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.

August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.

August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to Visalia City Council Printed on 12/15/2022Page 3 of 4
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File #: 22-0416 Agenda Date: 12/19/2022 Agenda #: 5.

March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.

Other: None
Alternatives: Not authorize the City Manager to execute a contract with the consulting firm of Griffin Structures, for construction management services for Phase 2 of the Visalia Civic Center Project and direct staff to administer the work in house
Recommended Motion:

I move to authorize the City Manager to execute a contract with Griffin Structures, for construction management services in the amount of $1,469,834 and an appropriation of $1.5M from the Center Civic Reserve Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Griffin CM Proposal
Griffin Fee Proposal
Ownership Disclosure
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CITY OF VISALIA
Construction Management Services for
Visalia Civic Center Phase 2
SEPTEMBER 8, 2022
179
1 TECHNOLOGY DRIVE, BUILDING i , SUITE 829, CA | 949 497 9000 | GRIFFINSTRUCTURES.COM 1 TECHNOLOGY DRIVE
BUILDING I, SUITE 829
IRVINE, CA 92618
949 497 9000
GRIFFINSTRUCTURES.COM
SEPTEMBER 8, 2022
City of Visalia
Purchasing Division
707 W. Acequia Avenue, Visalia, CA 93291
RE: RFP No. 22-23-16, CM Services for a Visalia Civic Center Phase 2 Dear Visalia Purchasing Division Evaluation Team,
We are pleased to submit our proposal to the City of Visalia for its Civic Center Phase 2 project and build upon success achieved with with our involvement with the Visalia Emergency Communications Center (VECC), a project of which we were proud to manage. As you will discover within our proposal, our team is uniquely qualified to deliver this project given our extensive civic center/public safety portfolio, demonstrated experience with the City, Darden Architects, LPA, and 41 years of public sector expertise.

We bring a unique understanding of the complexities associated with the delivery of civic centers and public safety administrative projects. As a result, our primary objective can be summarized in one phrase "Excellence in Project Delivery".

This includes excellence in a) the development of budgets formulated thorough robust cost controls and potential cost saving strategies, b) the development of comprehensive project schedules that provide a reliable and actionable road map for the entire project, c) site utilization through the careful integration of all potential impacts to the efficient use of the project site, and d) excellence in quality assurance though our comprehensive Contractor accountability protocols. For Griffin, "Excellence in Project Delivery" is not just a motto, it is a way of approaching Construction Management that permeates every aspect of our business, and delivers unparalleled success to our clients.

We offer a single point-of-contact in Project Manager, Tom Ottenstein, who shares direct experience on a multitude of public safety facilities and administrative complexes, including the ongoing Valley Communication Center with LPA and recently completed Schools First Headquarters project. Tom will be supported by local Construction Manager (and Replacement Project Manager), Lance Solomon, a former Public Works Inspector and Certified Construction Manager, who will be engaged as the project approaches construction. Lance will bring valuable experience and lessons learned on projects such as the Carlsbad Police & Fire Headquarters, Orange Fire Station, and a number of buildings which focus on community meeting spaces.. This team will be supported by Jon Hughes, Project Executive, and Constructability Review Specialists, Deryl Robinson, who will draw upon his prior experience working on the high-profile $400M County of Orange Civic Center & Council (Board) Chambers, Westminster Police Department Headquarters and several additional police/fire facilities and civic centers.

Additionally, in an effort to capitalize on lessons learned from past projects, and build upon the successes achieved on the VECC project, we have included Rob Carnes as a Constructability Review Specialist. Rob will bring his intimate knowledge to the City, his unique understanding of site constraints, and a deep understanding of the infrastructure needed for the integration of past work with this next phase of development. And finally, we have also partnered with local Visalia firm, 4Creeks, to provide cost estimating/value engineering support for this project. 180

GRIFFIN STRUCTURES
III
Griffin Structures takes great pride in providing both competitive pricing, and highly qualified personnel, and we go to great measures to ask, “What is our true value-added proposition to the City of Visalia?”. The answer is our people.

Our people offer creative delivery options, solutions-based recommendations, and a true perspective of ownership that our competitors do not possess. This is our differentiator, and the meaning behind our pledge to provide Excellence in Project Delivery. We hereby acknowledge the receipt of all addenda.

We look forward to serving you,
Jon Hughes, CCM, DBIA
Project Executive & Executive Vice President of Operations P: (949) 497-9000 x208 | E: [email protected] TO SUMMARIZE, WE OFFER THE FOLLOWING KEY BENEFITS:

A project team with unparalleled experience in your exact project type(s), ranging in value from >$25 million to over $400 million publicly funded dollars.

True perspective of ownership, with demonstrated successful public stewardship through all
applicable approval, public procurement, and decision-making processes.

A firm with unparalleled police/civic center experience, allowing us to proactively forecast and
mitigate potential cost and schedule impacts.

Leadership which ultimately reducing administrative costs and efficient project delivery.
1 TECHNOLOGY DRIVE
BUILDING I, SUITE 829
IRVINE, CA 92618
949 497 9000
GRIFFINSTRUCTURES.COM
181

CONFIDENTIAL
California Civil Code § 3426.1 (d); California Evidence Code section 1040 and 1060; California Government Code section 6254(k); Freedom of Information Act, 5 U.S.C. § 552(b)(4)

DO NOT RELEASE WITHOUT GRIFFIN
STRUCTURES’ CONSENT & REDACTIONS

TABLE OF CONTENTS

1. General Information 1

2. Proposed Project Approach 5

3. Staff Qualifications & Approach 19

4. Related Experience 39

5. Appendix 41
Why Griffin Structures?
Team of highly trained
professionals, incl. certified
CMs & former Public Works
Inspectors.

Unparalleled public
safety portfolio including
Evidence Processing and
Storage, as well as Council
Chambers.

Unparalleled civic center
experience with complex
site considerations
Direct experience with the
City of Visalia
Shared and demonstrated
experience with Darden
Architects and LPA.
41 years of public sector
experience in-and-around
Tulare County.
182

SALINAS POLICE SERVICES

HEADQUARTERS
$55M | 70,800 SF
Police Department Headquarters; LPA
Project; Environmental Sensitivities;
Managed in Coordination with Library;
ENR Best Project; APWA Project of
the Year; IEDC Excellence in Economic
Development Award
General
Information
SECTION NO.01
Shared Project Experience with
183
Griffin Structures is a California corporation and diversified Project and Construction Management (Owner’s Representative) firm serving the public and private sector. We have built over 75 public safety projects with a total portfolio in excess of $2B, the scope of our projects ranging from $1M to over $400M.

The public safety portfolio of our firm is unmatched, having delivered countless newly constructed civic centers, Public Safety Buildings to serve as operational hubs for law
enforcement, as well as Council Chambers and facilities dedicated to emergency response and training.

Our team is comprised of not only Certified Construction Managers, but also professionals formally trained in architecture and construction. This hybrid design-builder insight allows our team to manage this project with an enhanced perspective, anticipating the unknown while effectively monitoring and assuring quality of timely delivery on budget.

Pre-Construction
Program Management; Project
Budgeting; Design Management;
Constructability Review;
Scheduling; Value Engineering;
Total Project Budgeting; Bid
Management
Construction
Construction Management;
Owner’s Representative; Budget
Management; Contractor
Oversight; Document Control;
Quality Assurance/Control;
Sustainability Management;
Safety Management; RFI & CO
Management; FF&E Procurement
& Coordination; Commissioning &
Closeout

AVAILABLE SERVICES
“Griffin Structures'
expertise, experience,
and attention to detail
for this type of project
kept this project on
track, within budget,
and ensured a quality
finished product.”

JASON SALAZAR

CHIEF OF POLICE

CITY OF VISALIA

1. GENERAL I NFORMATION
GRIFFIN STRUCTURES 1

FIRM ADDRESS
1 Technology Drive
Building i, Suite 829
Irvine, CA 92618

ACCOUNT REP/CONTACT
Jon Hughes, CCM, DBIA
Executive VP of Operations
(949) 444-1615
[email protected]

TYPE OF BUSINESS
California (S) Corporation
GRIFFIN DIR NO.
1000393191
BUSINESS LICENSE NO.

C2008760

SURETY INFO
General Liability – Great American Assurance Company
Auto Liability – United Financial Casualty Company
Professional Liability – Arch Specialty Insurance Company Workers’ Compensation – Oak River Insurance Company
4CREEKS DIR NO.
1000012032
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GRIFFIN STRUCTURES

1. GENERAL I NFORMATION 2
Griffin Structures has completed dozens of high-profile projects in coordination with LPA, and have also worked with Darden Architects for the Visalia Emergency Communications Center. With LPA, we have also overseen the delivery of the Salinas Police Services Headquarters, as well as multiple County public safety facilities such as the San Bernardino County High Desert Govt. Center / Public Safety Operations Center, $95M San Bernardino County Valley Communication Center, and $400M County of Orange Civic Center.

This shared experience grants our team the unique ability to collaborate with your design team, utilizing our understanding of both firms. Together, this effective working relationship has resulted in the timely delivery of projects on budget with minimal impacts, granting our clients the ability to benefit from an established team with a demonstrated reputation of shared successful project delivery. [ REPRESENTATIVE EXPERIENCE ]
Civic Centers
County of Orange Civic Center (COUNCIL CHAMBERS)
Watsonville Civic Center (POLICE HQ & COUNCIL CHAMBERS) Eastvale Civic Center (POLICE HQ & COUNCIL CHAMBERS)
Hesperia Civic Center (POLICE HQ)
Rancho Palos Verdes Civic Ctr (POLICE HQ & COUNCIL CHAMBERS) San Bernardino County High Desert Govt Center
San Juan Capistrano City Hall (COUNCIL CHAMBERS)
Rancho Santa Margarita Civic Ctr (POLICE HQ & COUNCIL CHAMBERS) Rancho Cordova Mills Crossing Civic Center
San Dimas Civic Center (COUNCIL CHAMBERS)
La Cañada Flintridge City Hall (COUNCIL CHAMBERS)
Stockton City Hall (COUNCIL CHAMBERS)
Tustin City Hall (COUNCIL CHAMBERS)
Santa Ana Ross Annex / Civic Facility
Civic Center Programming for the:

City of Brea
City of Lake Forest
City of Newport Beach
City of Covina
City of Montebello
City of La Cañada Flintridge
City of Colton
City of Brea
City of Lemon Grove
City of Walnut Creek
Experience with
Darden + LPA
185

GRIFFIN STRUCTURES

1. GENERAL I NFORMATION 3
Visalia Emergency Communications Center
Salinas Police Services Headquarters
Westminster Police Department Headquarters
Buena Park Police Department Headquarters
San Bernardino County High Desert Government Center & Public Safety Operations Center
San Bernardino County Valley Communication Center
Hesperia Police Department Headquarters
Carlsbad Police & Fire HQ Renovation Project
Westminster Evidence & Public Safety Training Center
Town of Mammoth Lakes Police Headquarters
Tustin Emergency Ops. Center, Water Admin. Bldg. & Yard Eastvale Civic Center, Fire & Police Station
Orange County Sheriff's Dept. Restoration/Rehabilitation Marin County Civic Center & Sheriff's Substation
Rancho Santa Margarita Sheriff’s Substation
Westminster Public Safety Training Center
Redondo Beach Shooting Range
Santa Ana Police Admin. Building & Holding Facility
Watsonville City Hall & Police Department
Westminster City Hall & Police Department
Buena Park Fire Station No.61
Orange Fire Station No.1 & Headquarters
Manhattan Beach Fire Station No.2
Cathedral City Fire Station No. 411
Tustin Fire Station No. 37
City of Morro Bay Fire Station 53
Police Dept Headquarters Programming for the:

Irvine Police Department
Yucaipa Police Department
Rialto Police Department
Burbank Police & Fire Department HQ
Covina Police Dept Dispatch & Emergency Ops Center
Inglewood Police Dept Emergency Ops Ctr
Morgan Hill Yard & Public Safety Facility
Covina Police Department
Garden Grove Police Department
Newport Beach Police Department
[ REPRESENTATIVE EXPERIENCE ]
Public Safety
These projects have included all of the features planned for the developing Visalia Civic Center, including evidence processing and storage facilities, council chambers, and associated departmental space.
186

GRIFFIN STRUCTURES

1. GENERAL I NFORMATION 4
County of Orange Civic Center
San Bernardino County, Valley Communications Center
Eastvale Civic Center, City Hall, Fire & Police Station Stockton City Hall
Cupertino 1045 Torre Ave Building Renovation (Interim City Hall) San Bernardino County, Downtown Government Campus
SchoolsFirst Federal Credit Union Headquarters
Rancho Palos Verdes Civic Center
Petersen Publishing Company International Headquarters
Crossroads Corporate Center
Santa Ana Ross Annex
DGWB Headquarters
Phillips Hutton Headquarters
Lemon Grove City Hall
[ REPRESENTATIVE EXPERIENCE ]
Administrative + Headquarters + Operations
County of Orange Civic Center Council Chambers
Watsonville Civic Center Council Chambers
Eastvale Civic Center Council Chambers
Hesperia Civic Center Council Chambers
Rancho Palos Verdes Civic Ctr Council Chambers
San Bernardino County High Desert Govt Center
San Juan Capistrano Council Chambers
Rancho Santa Margarita Civic Ctr Police HQ & Council Chambers Rancho Cordova Mills Crossing Civic Center
San Dimas Civic Center Council Chambers
La Cañada Flintridge City Hall Council Chambers
Stockton City Hall Council Chambers
Tustin City Hall Council Chambers
[ REPRESENTATIVE EXPERIENCE ]
Council Chambers
187

WESTMINSTER POLICE

DEPT HEADQUARTERS &

PUBLIC SAFETY TRAINING
CENTER
>$60M | 88,000 SF
Police Department Headquarters;
Public Safety Facility; Environmental
Sensitivities; LEED Platinum; APWA
Award of Excellence; CMAA Project of the
Year
Proposed Project
Approach
SECTION NO.02
188
The City of Visalia has been planning this project for a very long time, and it is a pleasure to finally see Phase 2 of the Civic Center project come to fruition. Based on our experience working on Phase 1 of the Civic Center project for the Visalia Emergency Communications Center (VECC) project, we understand the City has an ambitious goal of developing the entire surrounding area into a Civic Center community fixture.

For this phase of the project, we understand the City intends to build a Public Safety Office Building (PSOB) roughly 45,000 to 50,000 square feet. This facility will be the next step in the enhancement of public safety for the community, building upon and integrating closely with the VECC and its critical infrastructure. Though an office building in nature, we anticipate this building will need to incorporate some, if not all, of the same essential services components involved in the VECC We also understand the City intends to build an Evidence Processing and Storage Building, roughly 16,500 square feet. This too will build upon the public safety elements already implemented and will need to achieve the same level of essential service criteria which was applied to the VECC.

And integral to this project will be the construction of a new City Council Chambers of roughly 10,500 square feet. It is not uncommon for the City Council chambers to be activated in an emergency, as elected officials often have to perform public updates and coordination among multiple agencies and departments. To this end, we recognize the City Council will also need to be integrated into the communications apparatus of the public safety facilities. Yet, we also understand the City Council Chambers are public facing and must be designed and implemented in a way that is inviting, efficient, and represents the aesthetic and culture of the community.

Project Understanding
GRIFFIN STRUCTURES2. PROPOSED PROJECT A PPROACH 5
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GRIFFIN STRUCTURES

2. PROPOSED PROJECT A PPROACH 6
Strategic Considerations
Griffin Structures has gone to great lengths to research and understand the challenges and opportunities for
this project. As a result of this effort, we have prepared the following strategic considerations to demonstrate
our approach and illustrate the value we offer. These
considerations are prepared in a question-and-answer
format for ease of reading.

Q: What unique infrastructure is likely needed
for the Public Safety Office Building that will
require specialized coordination?
The Public Safety Office Building is a unique facility that require unique infrastructure. Given that it will likely need to interconnect with the VECC, and given its critical nature, there is a high probability the PSOB will need to incorporate at least some essential services criteria. Such infrastructure includes, but is not limited to:
• Uninterrupted Power Supply (UPS)
• Generator Back-Up Power supply
• Redundant Power systems
• Automatic Transfer Switching
• Data Cabling Coordination
• Waterless Fire Suppression Systems
• Fiber Communication Lines
• Computer Room Air Conditioning (CRAC)
Infrastructure
• Custom Console Units
• Data Center Racks and Cable Tray Layout
Griffin Structures will work closely with the City to review the current needs of the City to determine if these critical systems need be incorporated into the design, and we
will work closely with the Police Department and City
staff to integrate those items deemed essential.

Q: In addition to building components, how
will the Construction Manager facilitate the
incorporation and coordination of key regulatory
requirements for the project?
Beyond the infrastructure, there are additional
regulatory requirements that must be integrated into
the project. Griffin has a long history of supporting
Cities and their design team in the coordination of these agencies, and we will bring our experience to bear for
the benefit of the project to ensure there are limited
regulatory surprises to the project. Such regulatory
requirements include, but are not limited to:
• Essential Services Building Act
• Critical Operations Power Supply (COPS)
• California Law Enforcement Telecommunications
System (CLETS)
• R56 Grounding Standards
• California 911 Rules and Regulations
Griffin will work closely with the City and the design
team to coordinate all the regulatory requirements that may pertain to this facility, and to integrate that criteria into the bid documents for successful delivery. Having
this understanding will be critical to the success of the project.
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2. PROPOSED PROJECT A PPROACH 7
Q: What unique characteristics should the
construction management team focus on as
it pertains to the design and construction of a
state of the art City Council Chambers?
City Council Chamber facilities are challenged by the
fact that they serve both a public function as well
as sometimes an essential service function. Griffin
Structures has had the pleasure of building and
renovating multiple council chambers and we have
found that the key to success is understanding this dual function.

The public facing requirement for this facility will
require enhanced audio visual capabilities to ensure
the public has unfettered access to the City Council
process. Integrating the dias into the public viewing
screens, sharing video from the podium, allowing for
hybrid council meeting sessions, all these nuances must be considered when designing and building a council
chambers. We are well versed in these systems and will
bring our recent and relevant experience to bear as we
coordinate with the City and design team.

Similarly, to the extent the City intends to activate the City Council in an emergency setting, it will therefore be critical that the Council Chambers be integrated into the secure telecommunications systems associated with the
PSOB and the VECC. This, with an eye to future phases of the project, will be key to the successful delivery of this building.

Finally, security will be an essential component of the Council Chambers as well. We find that the installation of anti-ballistics into the dias, while not creating the appearance of a hard physical separation between
Council members and their constituents requires a deft
touch. In the course of working with other municipalities we have found unique strategies that provide for the
security of the City Council while also maintaining an
open experience for the public, maximizing public
participation. We will bring these strategies to bear for this project as well.

Q: What unique considerations should be
considered when designing and building the
evidence storage facility?
Evidence storage buildings have two critical functions; the preservation of the evidence, and the proper
handling and processing of the same. The design and
engineering of the facility is a primary driver of these 2 functions. Essential services requirements will need to be implemented for the preservation function, and the
layout, process flow, and technology built into the facility will be critical to the evidence processing function.

Griffin has performed many analyses of evidence storage facilities, and we have worked extensively to integrate these elements into an efficient, reliable, and fiscally sound program and design which we will bring to bear
on this project for its successful implementation.

With these considerations in mind, along with many
others inherent to the successful execution of a cohesive civic center, Griffin will then employ our well tested
construction management approach and serve the City
as the central coordinator bringing these many distinct elements together into a cohesive whole. To that end, we therefore offer the following approach to construction
management and work plan.
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GRIFFIN STRUCTURES

2. PROPOSED PROJECT A PPROACH 8
PHASE 1: PRE-BID SERVICES
Construction Management Plan
Griffin Structures begins every project with a comprehensive Initial Assessment. This assessment provides the City with a fresh perspective on all aspects of the project currently underway and allows Griffin to assess the priorities for executing our services strategically.

Project Kick-Off Meeting
Key to the development of the Construction Management
Plan will be the kickoff meeting. Griffin will meet with the City and all team members to establish the key roles and responsibilities, the status of the project, objectives of the City, and use this information in the development of its plan Review Existing Documents
Once underway, Griffin will review all existing documents to orient our approach to the project and gain an in-depth understanding of the work performed to date, and the
needs related to the project. This will include and regulatory documents, EIR, CEQA, community input, staff reports,
Council resolutions and all other criteria produced to date.

Establish a Master Schedule
With this initial analysis having been completed, Griffin will produce a comprehensive master project schedule. This
schedule will include all aspects of the project, including but not limited to:

Design Iterations
Contractor prequalification (if desired)
Bidding
Construction Document completion
Phases of construction
City installations
Utility connections
City IT installations
Punch List
Commissioning
Contingency
Constructability Review
During the design process, Griffin Structures will perform extensive constructability reviews. Griffin will evaluate key aspects of the design with each review, with a particular attention paid to those items that can result in added cost, extended time, or compromised value.

At each stage of design, the documents reveal different characteristics, which we will be evaluating. At the Concept and Schematic Design phase, our primary focus will be
on the efficiency of use, adherence to the program, site layout and massing, facility orientation, and basis of design.

Though these aspects of the project do not always provide a detailed analysis of constructability issues, they provide the framework that results in those issues in later iterations.

Given our extensive history of delivering projects of a similar size and nature, we will identify those basic parameters that result in challenges later.

Approach & Workplan

WESTMINSTER POLICE DEPT HQ
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GRIFFIN STRUCTURES

2. PROPOSED PROJECT A PPROACH 9
At the Design Development and Construction Document
phase of design, we will drill down into the project's critical details in a manner that is unparalleled in our industry. Many Project Managers only look for apparent discrepancies like missing call- outs, flawed notes, and other low-hanging fruit.

Our review will search for inconsistencies such as civil and MEP point of connection elevations, waterproofing details and drainage, heat load orientation, framing coordination issues, and countless other pertinent information.

Finally, the key to the usefulness of our reviews is in our use of Bluebeam technology. This tool allows for the digital evaluation of the drawings, highlighting the details in question, and producing a report that is easy to understand and is actionable. Utilizing this tool with our hands-on field experience allows Griffin to produce constructability reviews of the industry's highest quality.

Communication & Document Control
Griffin will then establish standardized communication
protocols. These protocols are critical in a construction project of this size and scope. Accordingly, Griffin will establish a clear line of communication between the team members, which will be utilized and maintained through
the construction process. Working closely with the City, Griffin will identify the proper channels for all project team members' communication.

The key to this effort is our approach to document controls.

Griffin Structures employs the use of Submittal Exchange for all project document controls. This system is comprehensive, adaptable, and is straightforward, and easy to use.

Essentially, the system works as follows:
a) Specifications for the requirement to use Submittal
Exchange will be integrated into the project documents
and will be provided requiring Contractor compliance.
b) Once under contract, the Contractor will be integrated into the system.
c) Once the Contractor completes the project design,
the Submittal Exchange team will review the entire
specification book and upload all submittal requirements into the system.
d) The Construction Manager will then upload all team
members.
e) All RFIs, submittals, ASIs, CCDs, Delta’s, Daily Reports, Project Photos, SWPPP reports, schedules, and Closeout
documents will have a unique tab for cloud storage.
f) All documents that require a review flow will have
associated links that identify who is on task.
g) Upon final closeout, all documents will be consolidated into a single digital file easily searchable for future needs.

All As-Builts, O&Ms, and Warranties will be included as well as progress documentation.

By utilizing this cloud-based format, Griffin Structures can establish a single document portal that saves and
manages all project documents. Utilizing this cloud-
based system as a single source of document control
provides clear and consistent communication to the field, ensures comprehensive document coordination, protects
against claims, accelerates the construction schedule by streamlining communications, and ultimately saves the
entire project significant costs by eliminating printing and shipping, and improves efficiency. For further information on Submittal Exchange see: http://www2.submittalexchange.
com/public

SALINAS POLICE SVCS HQ
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2. PROPOSED PROJECT A PPROACH 10
Meeting Attendance
Through the course of the project, Griffin will attend all design coordination meetings, and participate as the City’s representative to address items we believe may bring added value and to address those components of the design
that may be problematic. Accordingly, we anticipate to
participate virtually as needed for this purpose.

Additionally, we anticipate we will need to support the City at City Council meetings, and will bring value added insights in the development of exhibits, narratives, and address questions that may arise during these meetings.

As indicated in Addendum 1, we anticipate there being
3 in person Council meetings and 3 in person design
coordination meetings.

Independent Opinion of Probable Cost
Griffin has partnered with 4Creeks, a firm local to Visalia, to perform cost estimating and development of an
independent opinion of probable cost. Griffin will work closely with the estimating staff, the design team, and bring out considerable market experience in public safety facilities and Civic Centers to support the City. By utilizing our extensive public improvement development experience, we can provide the City with a detailed estimate that reflects current market unit prices, market escalation forces, and various other pricing strategies to provide the City with a realistic understanding of the cost of construction and total project costs.

Dispute Resolution Services & Claims Procedure
Disputes are not uncommon, both in the design phase and the construction phase. During Design, we will work hard to create a collaborative team approach that establishes clear targets for value added systems and designs, while working hard to preserve the design intent and the overall program. Our role in this regard will be particularly helped by our past experience working with both LPA Inc. and
Darden Architects on the VECC project. By leveraging our relationships with these firms, we are confident we can establish a collaborative working team that will deliver a high-quality design to the City.

Contractor Submittal Log
As mentioned above, our communications plan involves the use of Submittal Exchange which serves multiple functions.

One of those functions is that, by virtue of this tool, we will establish a comprehensive Contractor Submittal log which will be integrated into our cloud-based document
management system and be issued to the successful
contractor. By using this system, we are able to mitigate potential oversights by the Contractor and establish a
uniform submittal log that all parties agree to prior to the start of the project. Additionally, we will provide a standard specification section for integration into the Division 01 specifications which will ensure the Contractor is made aware of this requirement at the time of bid.

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2. PROPOSED PROJECT A PPROACH 11
As mentioned above, our communications plan involves the use of Submittal Exchange which serves multiple functions.

Third Party Coordination & Permitting
The legal process of obtaining agency approvals for
development plans is often complicated, time-consuming, and expensive. We work closely with the required
agencies having jurisdiction over your project to secure all necessary permits and approvals. We help you navigate
the discretionary review and approval process, helping you navigate the discretionary review and approval process, ensuring it runs smoothly and that all approvals are
expeditiously secured. We do this by recommending the
team do the following:
a) Involving all relevant governmental agencies early
in the schematic design phase, prior to submittal for
discretionary review.
b) Discussing project goals and requirements, identify
and resolve potential conflicts, and map out a schedule and course for the review and approval process.
c) Encouraging communication and collaboration
between the City, the design team, and the pertinent
regulatory agencies. This promotes trust, familiarity, and a sense of authorship at the agency level, which can lead to quicker review and approval times.
d) Coordinating with key staff and consultants to
ensure we meet or beat the established discretionary
approval schedule. Our team’s streamlined workflow
system enables us to track and share information with
all necessary parties and better your project's review
process.
e) Maintaining a consistent presence at the planning and building departments within the various jurisdictions for your project. This facilitates an open dialogue between regulatory staff and the design team and helps us stay on top of discretionary review deadlines

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2. PROPOSED PROJECT A PPROACH 12
PHASE 2: BIDDING PHASE SERVICES
Contractor Prequalification
Given the complexity of this project, and the importance of having a high-quality contractor under contract, would recommend the City perform a rigorous Contractor
prequalification effort. A good Contractor is essential to a successful project, so long as it is performed and executed a careful and experienced manner. To that end, Griffin Structures uses the Dept. of Industrial Relations questionnaire template for performing this effort. Working with City staff and the design team, Griffin will seek to establish certain minimums for overall revenue, bonding capacity, safety EMR rating, comparable experience
minimums, and possibly even specialty subcontractor
prequalification. We would also seek out and invite key Contractors with a proven track record building similar facilities, many of which are recommended by local
municipalities.

Bidding
Once a prequalified list of Contractor is selected, Griffin will oversee and implement the bid process closely
with City procurement policies. Griffin will serve as the point of contact for all Bid RFIs, bid communication, and substitution requests. Additionally, we will oversee the issuance of Addenda and responses to questions. Finally, we will perform an extensive bid analysis review and provide recommendations to the City for award.

During this process, Griffin will manage the bid schedule by maintaining regular weekly meetings with the team to ensure all bid RFIs are addressed, and addenda are properly managed. This will ensure the bidders have an accurate
scope of services to bid to and that the City receives
responsive and responsible bids from the list of prequalified bidders.

Once bids are delivered, Griffin will evaluate all responses and produce a Bid Analysis for review with the City. This analysis will involve both qualitative and quantitative studies so the City can arrive at the best value determination.

Upon confirmation by City staff that the recommendation for award has been established, Griffin will work with the City to draft a staff report that accurately describes the recommendation for award to the board.

LA CANADA FLINTRIDGE CITY
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PHASE 3: CONSTRUCTION SERVICES
Project Controls & General Administration
Mobilization will be key to the success of the project. Our recommendation is to establish communication with the
Contractor early, often prior to the preconstruction meeting, and use that time to lay the groundwork for expectations, timing, and other essential submittals necessary for an effective mobilization. This will include addressing site utilization, phasing plans, baseline schedules, and a robust schedule of values. We find this to be a very effective way to ensure the project starts smoothly and efficiently.

Project Controls & General Administration
Once the Contractor is on board, Griffin Structures will apply all the tools at its disposal to provide comprehensive Program and Construction Management oversight to the
team. This effort will encompass all the requirements in the RFP and will do so in a systematic manner.

One key aspect of this effort will be to ensure the project schedule is maintained. To do so, Griffin will oversee the Contractor’s production of the comprehensive construction schedule that incorporates all the elements above that occur during construction and demonstrate a clear and logical critical path. Our extensive construction experience will determine if the Contractor has a good understanding of the project that is both realistic and achievable.

Phasing Analysis is also critical to a successful project schedule. Understanding the project's key components, the City's concerns, neighborhood sentiment, traffic concerns, and protection of existing facilities; all these aspects need to be considered and reviewed regarding the schedule to ensure that the project can achieve the overall objectives.

Griffin will then provide strict communication protocols to ensure answers to questions, reviews of submittals,
submissions for deferred permits, and requests for
inspections are all process timely and effectively.

Corrective measures may need to be implemented should
the Contractor fall behind. As described above, the City and project suffer when the Contractor fails. Therefore, Griffin will employ extensive field experience and construction understanding to provide solutions to schedule failures to maintain the project's overall objectives and protect the City's investment.

By these methods, Griffin will maintain the project schedule and expedite productivity as needed.

CM Project Invoices
Griffin will submit all invoices to the Project Manager which will include a summary of labor expenditures, direct costs, and billed subconsultant costs. These statements will be organized as prescribed in the RFP and contract with the City.

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2. PROPOSED PROJECT A PPROACH 14
Processing Progress Payments
Another critical aspect to the success of any project is the effective management of financial controls. Griffin has extensive experience in financial controls and is uniquely qualified in employing those controls.

Griffin is keenly aware of the importance of maintaining financial controls over the invoicing process. Accordingly, we will establish a systematic approach to reviewing invoices specifically by executing the following:
a) Establishing a very detailed Schedule of Values that breaks out both labor and materials for each trade and
spec section.
b) Review all invoices for consistency with improvements installed in the field.
d) Evaluate subcontractor performance to anticipate
potential bankruptcies of subcontractors who are not
adequately solvent to perform on the job.

Communications & Coordination
As described above, we will have a robust communications plan in place that will allow for a streamlined approach and facilitate resolution to challenges inherent in construction projects. This will be facilitated by our implementation of standardized Meeting Minutes, Weekly Reports, Monthly
Reports, Change Order Logs, Field Observation Reports, and the careful documentation of all Contractor communication including Daily Reports, 3-Week Look Ahead Schedules,
and Safety Meetings. By utilizing our advanced document management system we will serve as the central repository for all project related communication.

Quality Assurance & Observation
Griffin Construction Managers are inherently construction inspectors. By utilizing our keen understanding of all aspects of construction, our Construction Manager will perform
regular inspections of all aspects of the project daily. We will review material deliveries, material types, installation methods, finished installations in comparison to contract documents, and construction code adherence.

Additionally, we will coordinate the timely execution of all specialty inspections, including geotechnical, building dept., special inspections, and materials testing, to ensure the City receives the highest level of quality and consistency with the plans and specifications as well as all standards and practices.

Griffin employs multiple forms of photography and
technology to enforce the quality of the construction
process. Accordingly, we will perform the following:
a) Record Existing Conditions. Before a Contractor begins construction, we will perform detailed video surveillance of the entire site and the surrounding site to ensure there is no damage to the existing infrastructure and mitigate against any potential future claims.
b) Daily Photography. Griffin will photograph the
progress of the job daily. This will serve as a record of the project throughout the job and a vehicle for resolving
issues.
c) Bluebeam Technology. Griffin employs the use of
Bluebeam technology to facilitate the communication
of challenges in the field for their quick resolution and documentation.
d) BIM Technology. Griffin has extensive experience in the deployment and management of Building Integration
Modeling and can adequately identify and resolve issues that are discovered through this medium.
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2. PROPOSED PROJECT A PPROACH 15
We will employ our Field Observation Report weekly.

Typically updated and presented at the weekly meeting, we will track all issues, and observations, identified by the CM and the project team (design team, City, operations staff, etc.) and follow them on this log. The log will identify the issue, the date it was observed, a photograph of the issue, and a resolution description once the item has been closed.

In effect, this log serves as a running punch list of all issues identified and addresses these issues promptly.

Submittal Review & Management
Griffin will review all submittals to ensure they are complete and ready for review by the Design Team. The Contractor often requires counseling on properly submitting and
processing submittals. Griffin will counsel the Contractor as needed to ensure no errant or incomplete submittals
are processed. Upon review by the Design Team, Griffin will concurrently review the Design Team's comments to ensure no additional scope or time is added to the scope of work for the Contractor. Should we find such triggers, Griffin will hold the submittal for further review until a determination can be made as to whether another solution is available that does not impact the budget or schedule.

RFI Management
As with submittals, Griffin will oversee the review and distribution of all RFIs to the appropriate parties using the Procore system. In that regard, we will enforce the timeline requirements for RFI review to ensure the Contractor
receives the requested information in a manner and
timeframe consistent with the contract and does not impact the schedule.

During the review process, should the Design Team require additional coordination, meetings, workshops, or otherwise, Griffin will coordinate and oversee such sessions to ensure that the result is comprehensive and answers the questions at hand. As with submittals, Griffin will review the answers to RFIs to ensure they answer the question, do not add scope or time, and are responsive to the issues at hand. Should the Contractor submit unmerited or frivolous RFIs, Griffin will return the RFI to the Contractor unanswered and direct them to the appropriate plans or specifications where they can find the answer. Griffin will review all submittals to ensure

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2. PROPOSED PROJECT A PPROACH 16
Change Order Management
Construction projects are inherently iterative operations.

With multiple efforts and coordination of tasks and efforts underway concurrently, managing the discovery and
correct identification of changes is particularly challenging.

Accordingly, we will review and address all possible changes in work in the following manner:
a) The first component to correctly addressing possible changes in scope and cost is to identify what is and is not a real change. We will perform a comprehensive
analysis of the issue at hand and determine if a change has occurred. The key to this analysis is our enhanced
understanding of contracts and scope to determine if the issue is already covered under the existing scope.
b) If a change is in fact necessary, we will then seek to execute this change in a manner that results in a no-cost solution to the City. This may involve proposing materials and/or methods that are comparable in scope to the
original intent, thus allowing for solutions that do not compromise quality, schedule, or cost.
c) If such an option is not possible, or if unforeseen
conditions materialize that result in a real change to the project's cost, Griffin will then perform a detailed analysis of the best form of execution. This may take the form
of a hard estimate for the proposed change or if a T&M
execution is in the project's best interest. Another option is to utilize a T&M/Not-to-Exceed method, which allows
for the execution of a proposed change while putting a
ceiling on the final costs of the change.
d) Finally, any change that is officially recognized will undergo a detailed examination of costs, including but
not limited to: materials back up, labor analysis, labor rate analysis, detailed subcontractor back-up, time impacts, and a unit cost comparison based on industry trends.

Together, with these tools, we will be able to provide
financial protection to the Client to avoid production
challenges, protect the City's resources against
overpayment, and ensure proper accounting of the project's health.

Claims Review & Analysis
As it relates to managing potential claims, we utilize a multi- tiered approach. The most effective way to mitigate claims is to avoid them altogether. This seems obvious but is, in fact, the most challenging aspect of managing a successful project. To prevent claims, there are a few fundamental principles that we follow:
a) Clarity = Enforceability: If the direction is clear, the drawings and specifications consistent, and the direction to the field in line with these documents, then there is little to no chance of a future claim.
b) When Everyone Succeeds, the City Succeeds: This is
a critical concept that many professionals do not grasp or pursue. Claims arising out of a need to mitigate
against risk or loss. Avoiding risk for all parties lowers the likelihood of claims.
c) Commitment to Value: Despite the efforts above,
sometimes things go wrong. A submittal gets submitted
and approved incorrectly. A material specification is
discontinued, and its replacement is three times the
cost. Drawings do not identify the total scope of work. In instances like these, a clear commitment to value rules the process. In each of the instances listed above, Griffin can navigate and resolve these issues in a manner that
provides value to the City (i.e., little or no cost increase), continued progress (timely decisions that do not delay
the schedule), and creative architectural solutions
(maintaining the overall quality of the finished product).

By having a balanced understanding of all the aspects of value to the project, Griffin can mitigate the conditions that often result in claims.
d) Clear Documentation & Legal Understanding:

Despite all the above, sometimes claims do arise. The
critical defense against these occurrences is clear
documentation and a comprehensive understanding
of the contract and contract code. Griffin Structures
employs elite construction management professionals
with an extensive knowledge of contracts and contract
code and employs a sophisticated and comprehensive
document management system that ensures claims
can be mitigated when unavoidable. A more detailed
description of our document management system is
provided below.
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2. PROPOSED PROJECT A PPROACH 17
Inspections & Observation Services
Griffin will perform daily inspections of all work performed in the field to ensure the installations are performed to achieve the necessary standards and requirements of the project. This will involve walking the site continuously, photographing work as it happens, and preparing a daily field report that identifies crew sizes, equipment used, efforts undertaken, deliveries received, and inspections performed.

All quality assurance activities will be documented utilizing the appropriate format, including, but not limited to, issues logs, photographs, inspection records, RFIs, approved
submittals, corrective work logs, and other electronic and verbal communications. When incorrect installations occur, or inspections are failed, such events will be communicated in real-time and summarized in the necessary
documentation as may be required.

CLOSEOUT PHASE
Ready for Inspection
Griffin will ensure that the Contractor has completed their work in a manner that is satisfactory to meet all necessary conditions for a final inspection.

Punch Walk
Griffin will coordinate the project's final punch walk
to ensure all improvements are per the plans and
specifications. Specifically, Griffin will employ a Field Observation Log during construction to identify quality issues observed by the project team on an ongoing basis.

This will serve to function as an ongoing pre-punch list and help minimize issues discovered at final punch walks.

Griffin will also oversee the following punch walks to confirm corrective action is resolved.

Punch List
Once completed, Griffin will issue a comprehensive punch list for completion by the Contractor. Griffin will oversee the completion of these items and ensure that all deficiencies and corrections are completed to the City's satisfaction.

Closeout Documents
Integral to our cloud-based document management
system, Submittal Exchange will assemble all guarantees, certifications, affidavits, leases, easement deed, operating and maintenance manuals, warranties, and any other
closeout documents. This system will provide a complete digital file for all documents for future use, as well as maintain a cloud-based file for future use.

Conclusion
Griffin Structures prides itself on providing unparalleled construction management services. As described above,
Griffin will serve as the eyes and ears of the City. Our motto is “no surprises.” We achieve that by proper management (avoiding the first place) and clear and concise
documentation (for defense and resolution of unavoidable issues). Accordingly, Griffin will provide comprehensive construction management as detailed in the RFP.

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2. PROPOSED PROJECT A PPROACH 18
Public Sector Decision-Making Processes
Public sector decision-making processes are multifaceted. These decisions work together like gears, dependent on one another. Our 41 years of public sector experience is but a mere testament to our understanding of these processes, advancing decisions from City project staff, to executive City staff, to City Council.

Strategic decisions define the what and the why. These decisions are long-term, encapsulated in a policy driven by councilmembers and related politicians as it relates to obtaining community support for the project, approving the Capital Improvement Program, allocating budget, and more.

Tactical decisions explain how the work should be done. These decisions bring the long-term view into a plan or a strategy for the medium and short term which includes the role of City Staff. In fact, the purpose of the RFP is an excellent example of staff identifying how our team will supplement the City.

Operational decisions define how and when the work is actually done. These are the day-to-day decisions that will determine the execution of a project and its success, and where our team will aid in serving as the City’s representative successfully managing this project.

Knowledge of Public Sector Procurement Processes
Our core business has been to provide program and construction management services to the public sector since 1981. We understand the nuances and details of the Public Contract Code as it relates to the procurement process as well as the procedural requirements required for staff reports, review periods, advanced posting requirements and the related Council approval process. Moreover, we have experience delivering projects under every delivery method (some of which we have invented ourselves) available to local government, recognizing Campbell is a general law city. This experience extends to professional service contracts, construction contracts, furniture agreements, and more.

Budget + Schedule Management Success
As a result of Griffin Structures extensive experience with protecting Client interests utilizing our hybrid design, construction, and owner mindset, Griffin Structures projects are historically completed on schedule and budget. The recently completed $52M Yorba Linda Library & Cultural Arts Center was delivered on time and with over $2M returned client funds as a result of additional savings realized within the project contingency, information systems budget, and FF&E. Additionally, on the $36M Marina Park Community and Sailing Center project we were able to deliver this project significantly under budget by 11% and ahead of schedule as well. issue.

Sustainability Excellence
Within our extensive public portfolio, we have completed several sustainably recognized projects, including LEED Platinum, Net Zero, AIA Top 10 COTE, and additional designations. We understand and acknowledge the positive community and environmental impact of sustainably designed projects and we are ready to review and oversee a sustainability plan, provide recommendations, and monitor progress to ensure the project achieves or exceeds any of your goals. 202

BUENA PARK PUBLIC

SAFETY FACILITIES
(POLICE DEPT

HEADQUARTERS & FIRE
STATION NO. 61)
$48M | 84,000 SF
Police Department Headquarters; LPA
Projects; Public Safety Facilities; $1M in
Returned Savings; APWA Project of the
Year
Staff Qualifications
& Approach
SECTION NO.03
Shared Project Experience with
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GRIFFIN STRUCTURES3. S TAFF Q UALIFICATIONS & A PPROACH 19 Team Organization

PROPOSED TEAM
In order to offer the highest value to the City of Visalia, we have included a highly experienced, comprehensive team of individuals and firms to provide specialty services for this project. All of our proposed team members are able to perform the services listed in the RFP. Our team will be comprised of the following individuals:

PRIMARY CONTACT
Tom Ottenstein
DBIA
Project Manager
Jon Hughes

CCM, DBIA
Project Executive
Lance Solomon
CCM
Construction Manager &
Replacement Project Manager
4Creeks
Cost Estimating
Robert Carnes
CCM
Constructability Review
Specialist
Deryl Robinson

LEED AP
Constructability Review
Specialist
Jon Hughes (CCM, DBIA), Project Executive, to ensure the client satisfaction is achieved throughout the duration of our services, providing executive-level oversight to; Tom Ottenstein (DBIA), Project Manager, who will serve as the key contact at the onset of our services, utilizing his past working experience on civic centers, local and statewide public safety facilities, and past teaming experience with LPA.

Lance Solomon (CCM), Construction Manager/Replacement Project Manager, who will be engaged to provide Construction Management as the project approaches construction, utilizing his vast public safety experience within the state of CA and prior experience as a Public Works Inspector.

Constructability Review Specialist, Deryl Robinson, PMCM for the $400M OC Civic Center and Westminster Police Dept. HQ, who will review the design as to best mitigate potential impacts and offer recommendations for cost/time savings and alternative means or methods in achieving client goals.

Constructability Review Specialist, Robert Carnes, who has delivered several high-profile projects local to the City, who will review the design as to best mitigate potential impacts and offer recommendations for cost/time savings and alternative means or methods in achieving client goals; Cost Estimating/Value Engineering firm, 4Creeks, to provide value engineering and estimating services to fine tune the project budget and offer recommendations for cost savings;

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3. S TAFF Q UALIFICATIONS & A PPROACH 20
Jon Hughes’ career spans the most prestigious properties in California.

His experience and skills with program and construction management tools and processes have enabled him to deliver winning results on every project. Jon’s resume highlights include newly constructed and renovation civic centers, public safety facilities, and administrative spaces.. Jon’s experience includes pre-construction services, bid review, contract negotiations, safety protocols, site evaluation, quality control, budgetary controls, change order review, supply chain management, schedule review and enforcement, site staging, off-sites and grading, inter-contractor coordination, punch list, and turnover.

Representative Experience:

1. Visalia Emergency Communications
Center, CA

2. County of Orange Civic Center &
Council Chambers, Santa Ana, CA

3. Salinas Police Services HQ, CA

4. Westminster Police Dept HQ, CA

5. Watsonville Civic Center, Police Dept
HQ & Council Chambers, CA

6. Buena Park Police Department HQ, CA

7. Eastvale Civic Center, Police Dept HQ &
Council Chambers, CA

8. Hesperia Civic Ctr & Police HQ, CA

9. Carlsbad Police & Fire HQ, CA

10. Rancho Palos Verdes Civic Ctr, Police
Dept HQ & Council Chambers, CA

11. Tustin Emergency Ops. Center, Water
Admin. Bldg. & Yard, CA

12. San Bernardino County High Desert
Govt Center & Public Safety Ops
Center, CA

13. Rancho Santa Margarita Civic Ctr,
Police Dept HQ & Council Chamb., CA

14. Rancho Cordova MC Civic Ctr, CA

15. San Dimas Civic Center & Council
Chambers, CA

16. La Cañada Flintridge City Hall Council
Chambers, CA

17. Stockton City Hall Council Chamb., CA

18. Tustin City Hall Council Chambers, CA

19. Buena Park Fire Station No.61, CA

20. Orange Fire Station No.1 & HQ, CA

21. Manhattan Beach Fire Station No.2, CA

22. Cathedral City Fire Station No. 411, CA

23. Tustin Fire Station No. 37, CA
1 JOHN HUGHES , CCM, DBIA

PROJECT EXECUTIVE
Years of Experience: 29
Education: Bachelor of Science, Westmont College
Certificates: Certified Construction Manager (CCM); Design-Build Institute of America (DBIA) Associate; California Contractor License 793600, Class A
3 2
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3. S TAFF Q UALIFICATIONS & A PPROACH 21
Tom Ottenstein brings more than 30 years of successful project management experience as well as extensive knowledge in the preconstruction and construction processes and their legal premises.

Tom’s diverse project experience ranges from public works structures, transportation, retail, entertainment, and hospitality to educational, office buildings, recreational facilities, and correctional facilities. His responsibilities typically encompass complete project execution including estimating, bidding, contract negotiations, subcontracting, scheduling, obtaining Agency approvals, design assistance, and the management of construction managers, superintendents, and field operations personnel. Tom’s management strengths include fiscal accountability, outstanding communications, integrity, and solid interpersonal and organizational skills. In addition, Tom possesses a unique ability to amicably resolve difficult issues.

Public Safety + Justice:

1. San Bernardino County, Valley
Communications Ctr (LPA Project), CA

2. Town of Mammoth Lakes Police
Headquarters, CA

3. Santa Ana Police Administration
Building & Holding Facility
(400,00 SF), CA

4. Santa Cruz Downtown Library,
Housing & Mixed-Use Project, CA

5. SchoolsFirst Federal Credit Union
Headquarters, CA

6. San Bernardino County Government
Center, CA

7. San Bernardino County 323 Court
Street, Public Defenders' Building, CA

8. San Bernardino County 222 Hospitality:

Assessor, Recorder & County Clerk
Renovation, CA

9. Los Angeles Central Jail / Twin Towers
Expansion (1,500,000 SF), CA

10. Lower Buckeye Jail, Phoenix, AZ

11. Cathedral City Fire Station No. 411, CA

12. San Bernardino County, Public
Defenders' Building, CA

13. Fulton County Jail, Atlanta, GA

14. California City Correctional Facility, CA

15. 832 Francisco, Los Angeles, CA

16. Summit Office Campus, Aliso Viejo, CA

17. Los Angeles Roybal Federal Building
Project, CA

18. Palm Drive Business Ctr, Signal Hill, CA
5 TOM OTTENSTEIN , DBIA

PROJECT MANAGER
Years of Experience: 34
Education: B.S., Mechanical Engineering. Western New England College Certificates: Design-Build Institute Of America (DBIA), Associate 2 1

PRIMARY CONTACT
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3. S TAFF Q UALIFICATIONS & A PPROACH 22
Lance Solomon has more than 25 years of construction and former public works inspector experience encompassing renovations and new construction for public safety facilities, police and fire stations with keen expertise in underground utilities, demolition, and stormwater. His responsibilities have encompassed preparation of a bid ability review and evaluation; cost/schedule controls, minutes, payments, contracts, change orders, reports, and required project documents.

As the dedicated Construction Manager, Lance Solomon will be engaged as the project approaches construction, under the leadership of Tom Ottenstein.

Representative Experience:

1. Carlsbad Police & Fire Headquarters
Renovation Project (Tight Site,
Phasing/Relocation Plans, Stringent
Schedule & Budgetary Constraints), CA

2. Orange Fire Station No.1 &
Headquarters ($26M), CA

3. San Bruno Recreation & Aquatics
Center ($50M), CA

4. Mountain View Rengstorff Park
Aquatic Center ($23M), CA

5. East Bay Regional Parks District,
Aquatic Center, Oakland, CA

6. Lake Forest Sports Park & Recreation
Center ($52M, 86 Acres), CA

7. San Bernardino County Government
Center Upgrades, CA

8. Esencia Sports Park, Rancho Mission
Viejo Company ($20M), CA

9. Vista Hermosa Aquatic Center & Sports
Park ($27M), San Clemente, CA

10. San Bernardino County Lake Gregory
Dam Rehabilitation ($25M), CA

11. Huntington Beach Senior Center
($22M), CA

12. Rialto Frisbie Park Renovation ($20M),
CA

13. Public Works Inspector for the Cities of
Lake Forest, San Clemente, San Juan
Capistrano, CA
6 LANCE SOLOMON , CCM

CONSTRUCTION MANAGER &

REPLACEMENT PROJECT MANAGER
Years of Experience: 26
Training: Certified Construction Manager (CCM); Certified QSP; APWA Public Works Construction Inspector; Certified Professional in Erosion & Sediment Control (CPESC); CPR & First Aid; Confined Space Trained; Concrete Field Testing Technician, American Concrete Institute; Construction Safety & Health, OSHA; Construction Quality Management, U.S. Army Corps
1 2
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GRIFFIN STRUCTURES3. S TAFF Q UALIFICATIONS & A PPROACH 23

COLLECTIVE EXPERIENCE

1. Visalia Emergency Communications Center

2. Salinas Police Services Headquarters

3. Westminster Police Department Headquarters

4. Buena Park Police Department Headquarters

5. San Bernardino County
High Desert Government Center
Public Safety Operations Center
Valley Communication Center

6. Hesperia Police Department Headquarters

7. Tustin Emergency Operations Center, Water
Administration Building & Yard

8. Morro Bay Fire Station No.35

9. Eastvale Civic Center, Fire & Police Station

10. OC Sheriff's Dept. Restoration/Rehabilitation

11. Rancho Santa Margarita Sheriff’s Substation

12. Westminster Public Safety Training Center

13. Redondo Beach Shooting Range

14. Inglewood Police Department Programming

15. Garden Grove Police Department Programming

16. Irvine Police Department Programming

17. Newport Beach Police Department Programming
1 4
72 Years of Experience: 37
Education/Certifications: Civil Engineering, Pierce College; General Engineering Contractor "A"; Certified Construction Manager (CCM); Registered Public Works Inspector ROBERT CARNES , CCM | CONSTRUCTABILITY REVIEW SPECIALIST Years of Experience: 42
Education/Certifications: B.S., California State University, Long Beach; Leadership in Energy Accredited Professional (LEED AP)
DERYL ROBINSON , LEED AP | CONSTRUCTABILITY REVIEW SPECIALIST 5 3

CONSTRUCTABILITY REVIEW / VALUE ENGINEERING
Both Deryl Robinson and Robert Carnes will review the design as to best mitigate potential impacts and offer recommendations for cost/time savings and alternative means or methods in achieving client goals. 208

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3. S TAFF Q UALIFICATIONS & A PPROACH 24

REFERENCES
Griffin Structures and our proposed team pride ourselves on long standing, successful relationships with our repeat Clients.

In addition to the references requested for this section, we have provided additional references for Griffin Structures and our proposed team.

County of San Bernardino
Rene Glynn, Supervising Project Manager,
(909) 771-1223
[email protected]
SchoolsFirst Credit Union
Christina Quintero, Vice President of Real Estate
(714) 258-4000 x8565
[email protected]
Tom Ottenstein, Project Manager
City of Newport Beach
David Webb, Public Works Director
(949) 644-3330
[email protected]
County of San Bernardino
Terry Thompson, Director of Real Estate
(909) 387-5282
[email protected]
Jon Hughes, Project Executive
City of Carlsbad
Steven Stewart, Facilities Program Manager
(760) 317-3508
[email protected]
City of Orange
Frank Sun, Deputy Director/City Engineer
(714) 744-5544
[email protected]
Lance Solomon, Construction Manager (Replacement Project Manager) City of Westminster
Marwan Youssef, P.E., Retired Director of Public Works
(714) 719-0516
[email protected]
County of Orange
Scott Mayer
Former Chief Real Estate Officer
(714) 834-3046
Deryl Robinson, Constructability Review Specialist
City of Visalia
Mike Porter. City Engineer
(559) 713-4412
[email protected]
City of Santa Clarita
Wayne Weber, Retired Parks Planning Manager
(661) 255-4961
[email protected]
Robert Carnes, Constructability Review Specialist
209

GRIFFIN STRUCTURES

3. S TAFF Q UALIFICATIONS & A PPROACH 25
Denver Of�ce:
324 S Santa Fe Street
Visalia, CA 93292
Phone: (559) 802– 3052
Fax: (559) 802 – 3215
Email: [email protected]
Point of Contact
Kyle McDonald, PE
[email protected]
Business Type:

S-Corporation
Tax ID:
4 Creeks, Inc.: 26-2565232
Department of Industrial Relations
Registration No.:
1000012032
Sureties:
4 Creeks, Inc. carries standard
insurance policies for an engineering
and surveying rm that meet the
requirements for this proposal.

Partners / Principals:

Matthew Ainley, PE #66233
David De Groot, PE #70992
Randy Wasnick, PLS #8163
ABOUT 4CREEKS
4Creeks, Inc. is dedicated to providing progressive civil engineering and land surveying services with logical solutions and designs. We are a small business enterprise (SBE) with big business ideas and experience. Many of our principals and staff were raised and educated in the Central Valley and have signic ant work experience with local municipalities as well as Federal & State Agencies. We currently have a staff of 109 full-time and part-time employees working in Denver, Visalia, Hanford, Fresno, and San Luis Obispo . Our experience and services include:
• Municipal Engineering and Planning
• Project Management
• Street Rehabilitation
• Roundabout Design
• Land Surveying
• Utility Design & Coordination
• Construction Management
• Parks & Recreation Engineering
• Residential, Commercial & Industrial Design and Planning • Water Resources
• Educational Institution Design
• Environmental Design and Compliance
We build our reputation one project at a time with
consistent, high-quality products and time-
sensitive delivery. Our goal on every project is
open communication, honesty and integrity.

Economical design considerations, environmental stewardship, and resource efciencies ar e tenets of every project we undertake. We pride ourselves on pioneering innovative solutions for our clients that enhance the value of their projects, keep their costs in check, and deliver lasting results.

References:

Ismael Hernandez
City of Dinuba
(559) 591-5900
Nick Bartsch
City of Tulare
(559) 684-4209
Jay Schlosser
City of Tehachapi
(661) 822-2200
Rebecca Keenan
City of Visalia
(559) 713-4541

LOCAL BUSINESS
210

GRIFFIN STRUCTURES

3. S TAFF Q UALIFICATIONS & A PPROACH 26
Matthew Ainley
PE, LEED AP BD+C
Principal-In-Charge
_____________________________________
Registrations
& Certic ations
Professional Engineer LEED AP - BD+C
California - No.66233
Information
Education
Bachelor of Science — Engineering & Physics
Westmont College
Santa Barbara, CA
Work 20+ Years Experience
Phone +1 (559) 802-3052
Email [email protected]
Areas of Expertise
Low Impact Design Techniques
Streets & Transportation Design
Subdivision Design
Parks & Recreation Design
Storm Drainage Systems
Sanitary Sewer Systems
Land Use Planning
Commercial Site Design
Industrial Site Design
Water Tank & Site Design
Irrigation & Ditch Design
Employment History
4Creeks, Inc. - Visalia, CA
Principal-In-Charge / Founding Partner
Quad Knopf, Inc. - Visalia, CA
Department Manager/
Civil Engineer
Akers & Riggin Street Improvements —Visalia, CA
Project Manager
Mr. Ainley provided overall project management and project engineering for the project.

The construction of the newest Middle School within the Visalia Unied School Dis trict created several changes in the trafc impact which r equired the City of Visalia to provide major off-site street improvements. The major street improvement project included roadway removal, full construction design, trafc signal, right -of-way acquisition, utility coordination, sanitary sewer, storm drain, striping, signage and project bidding and construction assistance. The project is estimated to cost ~$3M in construction costs, not including right of way, design, or construction management.

Shannon Parkway Street Improvements, Roundabout, and Giddings Street Overlay Project Manager
Mr. Ainley provided overall project management and project engineering for the project. 4Creeks, Inc. worked with the City to design a new roundabout at the Giddings and Shannon Parkway intersection, design approximately 1,800’ of new collector road on Shannon Parkway and design an overlay on a portion of Giddings St. The design was triggered by the construction of a new elementary school located on Giddings north of Shannon Parkway. This project is completed. Est. Const. Cost: $1.2M.

Tulare Avenue Improvements—Visalia, CA
Project Manager
Mr. Ainley provided overall project management and project engineering, with TJKM, Inc. as a sub-consultant. The project entailed the design of Tulare Avenue in the City of Visalia from Lovers Lane to Visalia Parkway. The Project included the construction of approximately one mile of new roadway for both Tulare Avenue and Visalia Parkway. The cornerstone of the project is a new trafc signal at the int ersection of Lovers Lane, a high speed arterial street and Tulare Avenue, a new collector street. The intersection involves ripping out median controls and re-constructing the existing curb returns. New storm drain and sanitary sewer pipelines were also designed between Lovers Lane and McAuliff St.

The project is at 100% design level. Est. Const. Cost: $2.0M.

Caldwell Avenue Widening & Improvements (Santa Fe to Lovers Lane) - Visalia, CA Principal-In-Charge
This project is currently in design. The nished pr oject will include 1.5 miles of Caldwell Avenue, with median improvements, including sidewalk and curb & gutter. With intersections that are modied or that ar e completely re-built. Caldwell Avenue is major arterial roadways in the City. The project also included sewer mains, storm mains, and a street light system. There were signic ant Southern California Edison Co. transmission and distribution pole relocations coordinated with the project.

Santa Fe Street Signal Installation Project—Visalia, CA Project Manager
4Creeks was on a team with TJKM to provide assistance on this project. The overall objective of this project is to install four new signals in downtown Visalia and install interconnect system to connect all four. The team prepared plans, specic ations and construction cost estimates for design of four new signals & ADA access ramps at; Murray Avenue & Santa Fe Street, Center Avenue & Santa Fe Street, Main Street & Santa Fe Street, and Acequia Avenue & Santa Fe Street.

Akers St. Pedestrian SR2S Project — Visalia, CA
Project Manager
The City had obtained CDBG money from HUD to install new sidewalk, curb ramps, and drive approaches in two locations along Akers Street. The r st location (Akers North) is along the frontage of the National Guard Armory located at 1100 N. Akers St. The second location (Akers South) is along the frontage of the Fiesta Park Mobile Home community on the west side of Akers from Tulare Avenue to Judy Lane. 4CREEKS | COST ESTIMATING SUPPORT
211

GRIFFIN STRUCTURES

3. S TAFF Q UALIFICATIONS & A PPROACH 27
Chris Crawford

PE, QSD
Sr. Construction Manager, RE
Sr. Construction Inspector
_____________________________________
Registrations
& Certi�cations
Professional Engineer
California - No. 71192
Quali�ed SWPPP Developer (QSD)
California - No. 00356
Information
Education
Bachelor of Science — Civil Engineering
Montana State University
Bozeman, MT
Work 18+ Years Experience
Phone +1 (559) 802-3052
Email [email protected]
Areas of Expertise
Public Works Projects
Civil Engineering Design
Construction Management
Public Works Inspection
New Street Construction
Street Rehabilitation
Underground Wet Utilities
Traf�c Signals
Utility Coordination
Permitting
Private Land Development Engineering
Employment History
4Creeks, Inc. - Visalia, CA
Senior Project Manager / Civil Engineer
City of Visalia. - Visalia, CA
Construction Management Supervisor /
Supervising Civil Engineer
Lane Engineers, Inc - Tulare, CA
�eld and of�ce surveying, planning and
entitlement services, and engineering design
Plaza Drive Road Construction & Plaza Drive Business Park- Visalia, CA Project Manager/ Civil Engineer
This project included engineering design for 1,250 feet of Plaza Drive (a major arterial street with a right or way width of 134’-146’ and the main thoroughfare to the City’s industrial park), around 1,300 feet of Crowley Ave., the Crowley and Hurley intersections, and roadways in the Plaza Drive Business Park. The project included underground storm and sewer mains, complete roadway construction and striping, and traf�c signal installations and modi�cations at the Crowley and Hurley intersections. The Plaza Drive Business Park area was also master planned as part of the design. This project was unique because it utilized a signi�cant amount of bioswales designed along the roadways to �ltrate and minimize the amount of storm water runoff to the drainage system. The approximate construction cost for this project was around $4.3 million.

Walnut Ave. & Santa Fe Street Improvements and Traf�c Signal - Visalia, CA Project Design Engineer
This project removed the railroad track bed and re-built the arterial roadway Walnut and Santa Fe intersection. The existing railroad was purchased by the City and the intersection was lowered as part of the project. Vertical curves were constructed for both roadways.

The intersection and approximately 500’ of both roadways were reconstructed. Southern California Edison transmission pole relocations were coordinated and completed just prior to the project starting construction. A new traf�c signal with loop detectors was installed at the intersection. This project was funded by a CMAQ grant so the project was implemented in accordance with Caltrans LAPM procedures.

Original Construction Cost: $558,000
Change Order Cost: -$4,300
Change Order Percentage: -0.8%.

Akers St. & Riggin Ave Street Improvements - Visalia, CA Quality Control & Construction Manager
This project constructed 0.5 miles of Akers Street, with median improvements, including sidewalk and curb & gutter along its west side from Riggin Ave. to just north of the new Ridgeview Elementary School. The project also constructed approximately 0.2 miles of Riggin Avenue. The Akers & Riggin intersection was completely re-built and constructed to its ultimate con�guration and a video detection controlled traf�c signal was installed. Both streets are major arterial roadways in the City. As part of the project Flagstaff street was installed on the south side of the new middle school and included a new roundabout. The project also included sewer mains, storm mains, and a street light system. There were signi�cant Southern California Edison Co. transmission and distribution pole relocations coordinated with the project.

Original Construction Cost: $2,866,000
Change Order Cost: $104,000
Change Order Percentage: 3.6%
Major Street Rehab Giddings, Akers, West - Visalia, CA
Project Manager / Construction Manager
This project included rehabilitation of approximately 1.26 miles of road. Giddings street from Main to Murray (0.23 miles) was using a Full Depth Reclamation Process with Cement, FDR-C. Multiple intersections were reconstructed. An overlay with pavement fabric was installed on West St. from Mineral King to Main (0.18 miles). Akers St. from Ferguson to Riggin (0.51 miles) was completed reconstructed using a normal street section. Akers St. from north of Tulare to Cypress (0.27 miles) was overlaid and a pavement fabric was used. The major intersection of Akers & Cypress was completely re- built and involved night work due to traf�c volumes. Video detection cameras were installed at a number of the intersections as a part of the project.

Original Construction Cost: $2,319,000
Change Order Cost $25,310
Change Order Percentage: 1.1%.
4CREEKS | COST ESTIMATING SUPPORT
212

GRIFFIN STRUCTURES

3. S TAFF Q UALIFICATIONS & A PPROACH 28
Kyle McDonald

PE, QSD, MBA
Project Engineer
__________________________________
Registrations
& Certic ations
Professional Engineer
California - No. 82531
QSD - No. C82531
Information
Education
MBA - General Management
(‘12) California State University, Fresno, CA
Bachelor’s of Science - Civil Engineering
(‘08) California State University, Fresno, CA
Work 12+ Years Experience
Phone +1 (559) 802-3052
Email [email protected]
Areas of Expertise
AutoCAD Civil 3D
Storm Drainage Systems
Sanitary Sewer Design
Commercial Site Design
Subdivision Design
Water Tank & Site Design
Street & Transportation Design
Surveying
Construction Management
Utility Coordination
Cost Estimating
Structural Analysis and Design
Employment History
4Creeks, Inc. - Visalia, CA
Civil Engineer
GMA Engineering, Inc - Fresno, CA
Junior Engineer
Shannon Parkway Street Improvements, Roundabout and Giddings Street Overlay - Visalia, CA
Project Engineer
Mr. McDonald provided project engineering for the project. 4Creeks, Inc. worked with the City to design a new roundabout at the Giddings and Shannon Parkway intersection, design approximately 1,800’ of new collector road on Shannon Parkway and design an overlay on a portion of Giddings St. The design was triggered by the construction of a new elementary school located on Giddings north of Shannon Parkway. This project is completed. Est. Const. Cost: $1.2M..

Tulare Avenue Improvements - Visalia, CA
Project Engineer
Mr. McDonald provided engineering design on this project working alongside TJKM, Inc. as a sub-consultant. The project entailed the design of Tulare Avenue in the City of Visalia from Lovers Lane to Visalia Parkway. The Project included the construction of approximately one mile of new roadway for both Tulare Avenue and Visalia Parkway. The cornerstone of the project is a new trafc signal at the int ersection of Lovers Lane, a high speed arterial street and Tulare Avenue, a new collector street.

The intersection involves ripping out median controls and re-constructing the existing curb returns. The project is at 100% design level. Est. Const. Cost: $2.0M..

Santa Fe Street Signal Installation Project - Visalia, CA Civil Engineer
4Creeks was on a team with TJKM to provide assistance on this project. The overall objective of this project is to install four new signals in downtown Visalia and install interconnect system to co
nnect all four. The team prepared plans, specic ations and construction cost estimates for design of four new signals & ADA access ramps at; Murray Avenue & Santa Fe Street, Center Avenue & Santa Fe Street, Main Street & Santa Fe Street, and Acequia Avenue & Santa Fe Street.

Akers St Pedestrian SR2S Project - Visalia, CA
Civil Engineer
Mr. McDonald worked from start to nish on the design o f the projec t. The City had
obtained CDBG money from HUD to install new sidewalk, curb ramps, and drive approaches in two locations along Akers Street. The r st location (Akers North) is along the frontage of the National Guard Armory located at 1100 N. Akers St. The second location (Akers South) is along the frontage of the Fiesta Park Mobile Home community on the west side of Akers from Tulare Avenue to Judy Lane.

City of Visalia, Akers & Riggin Street Improvements & Flagstaff Roundabout- Visalia, CA
Project Engineer
The construction of the newest Middle School within the Visalia Unied School District created several changes in the trafc impact which r equired the City of Visalia to provide major off-site street improvements. The major street improvement project included roadway removal, full construction design, trafc signal, right -of- way acquisition, utility coordination, sanitary sewer, storm drain, striping, signage and project bidding and construction assistance. The project is estimated to cost ~$3M in construction costs, not including right of way, design, or construction management.

New Dinuba High School - Dinuba, CA
Project Engineer
Mr. McDonald assisted with the City of Dinuba on the New Dinuba High School and existing off-site improvements. Mr. McDonald led his team and provided on-site and off-site design. This project included water, storm drainage, sewer, dry utilities, and an 84” underground culvert along the frontage road of Alta Avenue. 4CREEKS | COST ESTIMATING SUPPORT
213

GRIFFIN STRUCTURES

3. S TAFF Q UALIFICATIONS & A PPROACH 29
To offer the most sophisticated, technologically innovative Construction Management services to our clients, Griffin frequently partners with OpenSpace to provide 360 degree video jobsite capture and mapping. This platform will automatically generate photographic records of the project which can be accessed anywhere, from your mobile device, laptop, or desktop PC – anytime (should the City wish to utilize this service).

With a 360 degree helmet cam, OpenSpace will utilize artificial intelligence, along with computer vision, to pin captures automatically without having to manually select locations as you go. These captures can be utilized for field-to-office communication, milestone tracking, and can also integrated with several Building Information Modeling (BIM) programs to cross reference trade installations versus project models. We have adopted this innovative construction technology, along with many others, to add value to Griffin Structures and our Clients, whereby improving the efficiency of the project while offering transparent and clear collaboration between all project teams.

OpenSpace
214

COUNTY OF SAN

BERNARDINO, HIGH

DESERT GOVT CENTER
/ PUBLIC SAFETY OPS

CENTER & VALLEY

COMMUNICATIONS CENTER
>$130M | >100,000 SF
Police Dept. Headquarters; Emergency
Ops/Communication Center; LPA Projects;
APWA Project of the Year
Related
Experience
(over $25M)
SECTION NO.04
Shared Project Experience with
215

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 30
“The reference check is what really tilted the scale toward selecting Griffin Structures. Thank you for being a great partner, leading the City into a new renaissance era.”
City of Salinas
Salinas Police Services Headquarters

SALINAS, CA
Griffin served as the developer for the new
Police Services facility in the City of Salinas.

The facility was delivered utilizing a Public-
Private Partnership (P3), which provides for
the design, financing, construction, and
delivery of the new facility. The 70,800 GSF
Public Safety Center Complex replaces
the City’s existing police department
headquarters, built-in 1958, and
accommodates anticipated future growth.

The project encompasses three buildings
on a 6.3-acre site. The two-story 42,300
SF headquarters building serves as the
essential services administrative building
and includes detention spaces, community
room, and plaza. Two support buildings
totaling 28,500 SF provide police support
services, including evidence intake and
storage, crime lab spaces, and an indoor
firing range.

RELEVANCY
Public Safety; LPA Project;
Administration; Evidence;
Storage; Public Project

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
$1,650,000

COST ESTIMATE
$52,000,000
STATUS
Completed on time & budget
Owner Reference
City of Salinas
Adele Fresé
Chief of Police
(831) 758-7201
[email protected]
216

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 31
“Griffin’s staff consistently provided outstanding professional services and was instrumental in completing each project ahead of schedule and under budget.”
County of San Bernardino / City of Hesperia
County of San Bernardino, High Desert Government
Center & Public Safety Operations Center

HESPERIA, CA
Griffin Structures served as program and
construction manager for the Hon. Jerry
Lewis County of San Bernardino High
Desert Government Center. This 66,800 SF,
two-story County office building is located
within Hesperia’s Civic Plaza and houses
the First District Board of Supervisor’s
Office and multiple County departments
including Agriculture, Assessor, Recorder,
Land Use, Fire, Human Resources,
Environmental Services, Public Works,
Registrar of Voters and Veterans Affairs.

Additionally, this facility achieved a
LEED Gold certification for its design,
construction, and building systems.

One of the many sustainable features
includes a grid-tied solar electric system
integrated on both parking structure and
roof-mounted arrays. The $2.8 million,
286-kilowatt solar energy system is
expected to reduce the Center’s electricity
consumption by 70 percent.

RELEVANCY
Public Safety; LPA Projects;
Admin.; Storage; Public
Project; Emergency Svcs/
Telecom Systems; Elements
of Civic Center Master Plan

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
<$600,000

COST ESTIMATE
$41,000,000
STATUS
Completed on time &
budget
Owner Reference
County of San Bernardino
Terry Thompson
Director of Real Estate
(909) 387-5282
[email protected]
217

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 32
This project was part of an incredible civic center development, consisting of the Hesperia Civic Plaza, Police Department, City Hall (Council Chambers), and Library.

Hesperia Civic Center, Police Department
& Council Chambers

HESPERIA, CA
This Griffin project included development
of a new Civic Center featuring a 45,700
SF Police Department, 48,000 SF City Hall
with Council Chambers and 20,000 SF
Library in an integrated plaza of 15 acres.

Griffin managed the planning and design
of this entire project and served as Project
and Construction Manager for its delivery.

The Police Department building is an
element in the overall City Civic Center
campus, and includes patrol areas,
briefing, evidence storage, investigations
services, office management and records,
and other police facility components. This
Essential Service Facility is approximately
45,700 SF, with a total project budget of
$18.7 million

RELEVANCY
Public Safety; LPA Projects;
Evidence; Admin.; Storage;
Public Project; Element of
Civic Center Master Plan

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
<$600,000

COST ESTIMATE
$31,400,000
STATUS
Completed on time &
budget
Owner Reference
City of Hesperia
Michael Podegracz
Retired City Manager
(949) 421-8447
[email protected]
218

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 33
“Griffin Structures staff continues to provide outstanding professional services and is instrumental in bringing our projects to completion ahead of schedule and under budget.”
City of Westminster
Westminster Police Department Headquarters &
Evidence / Public Safety Training Center

WESTMINSTER, CA
Griffin Structures served as Program and
Construction Manager for the 38,000
SF Westminster Police Department
Headquarters project, a replacement
of their existing building that has been
in operation since 1975. The new facility
consists of a 88,000 SF, three-story
Police Building. The Police Department
Building includes a Type 1 jail, Emergency
Operations Center, Training Room,
Evidence, Forensics, Patrol, Investigations,
Dispatch, Office of the Chief, and all related
support services, and was constructed as
an Essential Facility.

The following Public Safety Training Center
project resulted in a 5,500 SF, 10-lane
shooting range, 2,700 SF simulation room,
as well as a training room and armory
repair room. The remaining portions of
the building are dedicated to property
and evidence storage. To provide trainees
with realistic scenarios, the shooting range
offers a roll-up door to bring in vehicles,
and the simulation room offers the ability
to manipulate the walls to create dynamic
training exercises..

RELEVANCY
Public Safety; Evidence;
Admin.; Storage; Design-
Bid-Build; Public Project;
Emergency Svcs/Telecom
Systems

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
$3,000,000

COST ESTIMATE
$60,000,000
STATUS
Completed on time &
budget
Owner Reference
City of Westminster
Marwan Youssef
Retired Public Works Director
(714) 548-3460
[email protected]
219

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 34
“Griffin Structures continues to provide a high level of service from Design to Construction on City Projects, leading to the successful delivery of the project $3 million under budget.”
City of Buena Park
Buena Park Police Department
Headquarters & Fire Station No.61

BUENA PARK, CA
Griffin Structures served as the Program
and Construction Manager to manage
the design and delivery of the Police
Department Headquarters facility, a
66,000 SF sustainable facility includes a
police dispatch center, Type I jail, crime
laboratory, evidence and property storage
and management facilities, firing range,
community room, briefing facilities,
training room also designed as an
Emergency Operations Center, and other
elements.

The subsequent Fire Station No.61 included
the management of the design and
construction of the 18,000 SF facility. The
fire station features three fire apparatus
bays with quick-opening bi-fold doors
and a signal interrupter. The station also
includes training rooms and office space,
14 dormitory sleeping quarters, kitchen
and dining facilities, and a workout room.

The large training room is equipped to
operate as an Emergency Operations
Center.

RELEVANCY
Public Safety; LPA Projects;
Evidence; Administration;
Storage; Design-Bid-Build;
Public Project; Emergency
Svcs/Telecom Systems

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
$1,900,000

COST ESTIMATE
$53,000,000
STATUS
Completed on time &
budget
Owner Reference
James B. Vanderpool
Anaheim City Manager
Former Buena Park City Manager
(714) 562-3550
[email protected]
220

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 35
“We needed cost efficient buildings and the cost savings produced through through the efficiency and design are truly tremendous.”
County of Orange
County of Orange Civic Center
& Council Chambers

SANTA ANA, CA
The County of Orange, Griffin Structures,
Swinerton Builders, and LPA served on this
Public-Private Partnership (P3) project for
the County’s Civic Center (Administration
South and North), encompassing a total of
500,000 SF, marking the completion of the
County’s new civic center campus.

The LEED Silver Administration South
building includes a 250,000 SF, six-
story office tower over two levels of
underground parking, plus a freestanding
7,200 SF conference center.

County Administration North, also
known as “Building 14”, accompanies the
Administration South building, closely
united in terms of design and approximate
size. The occupants of this facility include
Board of Supervisor offices, the Board
of Supervisor Board Hearing Room,
and departments currently occupying
Buildings 10 and 12. A new plaza is also
featured between-and-around both
Administration South and North.

RELEVANCY
LPA Project; Admin.; Council
Chambers; Civic Center
Master Plan; Public Project

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
$1,650,000

COST ESTIMATE
$51,400,000
STATUS
Completed on time &
budget
Owner Reference
County of Orange
Frank Kim
County Chief Exec. Officer
(714) 834-4304
[email protected]
221

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 36
This civic center will transform an iconic portion of land at the heart of the greater community, transforming a former military site into a hub of civic operations for the City.

Rancho Palos Verdes Civic Center

RANCHO PALOS VERDES, CA
Following the completion of its master
plan, the City of Rancho Palos Verdes
is looking to redevelop its existing Civic
Center into a new focal point of the
community. Nestled adjacent to the
shoreline and within the Alta Vicente
Nature Preserve, the new Civic Center will
feature a Sheriff’s substation, Emergency
Operations Center, Community Center,
Plaza, Public Works Maintenance Yard,
Council Chambers, Helipad, Amphitheater,
Café, Dog Park, and trailhead facilities.

The master plan also features the potential
incorporation of a complete ranger station,
as well as a discovery room with geological/
ecological displays.

The project site rests on a former
military site, featuring 1950’s era military
buildings and former Nike missile silos –
incorporating several site considerations
pertaining to the removal of hazardous
materials and inclusion of 21st century
structures while honoring the site’s rich
history.

RELEVANCY
Admin.; Council Chambers;
Public Safety; Evidence;
Storage; Public Project; Civic
Center Master Plan

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
$3,500,000

COST ESTIMATE
$150,000,000
STATUS
In-Progress
(Police/Fire Station, Council Chambers/City Hall, Library, Community Center) Owner Reference
City of Rancho Palos Verdes
Ramzi Awwad
Public Works Director
(310) 544-5275
[email protected]
222

GRIFFIN STRUCTURES

4. R ELATED Ex PERIENCE 37
Eastvale Civic Center

EASTVALE, CA
The early programming of this project led to the award of the complete civic center project which will not only house a city hall, but a library, and senior/community center, as well as police and fire station for the growing city of Eastvale.

The City of Eastvale’s new Civic Center
will include a new City Hall, Library, Senior
Center/Downtown Community Center,
Police Station, Fire Station, associated
outdoor space, and placemaking elements
to establish a strong civic identity for the
City. This project began with a Griffin-led
programmatic space needs assessment
completed in coordination with the City
Council Public Safety Ad-Hoc, City Hall
Team, RSO and CalFIRE officials. To be
delivered through as a Design-Build
delivery, Griffin was later selected to
provide Owner’s Representative, Program,
and Construction Management services
for the new Civic Center to be located in an
undefined area within the Leal Master Plan
area bound by Limonite, Hamner, 58th and
Scholar.

The project will engage the public and
private sector and serve as a tangible
example of a budget compliant, energy
and operationally-efficient and innovative
design solution that encourages 21st
century community operations.

RELEVANCY
Admin.; Council Chambers;
Public Safety; Evidence;
Storage; Public Project; Civic
Center Master Plan

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
$1,675,000

COST ESTIMATE
$63,500,000
STATUS
In-Progress
(Police/Fire Station, Council Chambers/City Hall, Library, Community Center) Owner Reference
City of Eastvale
Bryan Jones
City Manager
(951) 703-4411
[email protected]
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This project will provide the County with much-
needed emergency response services with 21st
century design and preparedness technology.

San Bernardino County, Valley
Communication Center

SAN BERNARDINO, CA
Griffin Structures is currently serving as the
program and construction manager for
this significant public safety Design-Build
project. The Valley Communication Center
will be located in the City and County of
San Bernardino and will be a new mission-
critical facility that must be operational
365/24/7, under extreme conditions as
the primary Emergency Operation Center
(EOC) in the San Bernardino Valley.

The comprehensive 80,000 SF building
on the 6.85 acre site will be occupied by
the following entities: Sheriff-Coroner
(SBCSD), Office of Emergency Services
(OES), County Fire (SBCFD), Consolidated
Fire Agencies (CONFIRE), Inland Counties
Emergency Medical Agency (ICEMA), Radio
Management Facility (ISD), and Building
Services.

RELEVANCY
Public Safety;
Administration; Storage;
Public Project

INVOLVEMENT
Program & Construction
Management

PROPOSAL COST
$1,600,000

COST ESTIMATE
$95,000,000
STATUS
In-Progress
(911 Dispatch, Emergency Operations Center & CONFIRE Fire Admin.) Owner Reference
County of San Bernardino
Rene Glynn
Supervising Project Manager,
(909) 771-1223
[email protected]
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“I can say without reservation that I give them my highest recommendation. Griffin Structures would be an excellent addition to any future project you may be considering.” City of Visalia
Visalia Emergency Communications Center

VISALIA, CA
Griffin Structures provided construction
management services throughout the
design and construction of the new 911
Emergency Communications Center (ECC).

Set on a 4.2-acre site, the Emergency
Communication Center is the first building
constructed in the City’s east downtown
future civic center complex.

The facility houses the City’s 911 dispatch
services, Emergency Operations Center,
Traffic Management Center, Fire
Department administrative offices, as
well as the City’s Information Services
Division. The two-story facility includes
an additional $6 million in sophisticated
electronic, communications and
technology equipment and software
including computer-aided dispatch and
record management systems (CAD/RMS),
a secure data center, and uninterrupted
power supply (UPS) rooms.

RELEVANCY
Public Safety; Darden/LPA
Project; Admin; Storage;
Visalia Project; Public
Project; Design-Bid-Build;
Emergency Svcs/Telecom
Systems; Element of Civic
Center Master Plan

INVOLVEMENT
Construction Management

PROPOSAL COST
$540,590

COST ESTIMATE
$16,000,000
STATUS
Completed
Owner Reference
City of Visalia
Mike Porter
City Engineer
(559) 713-4412
[email protected]
CRITICAL PROJECT UNDER $25M
(RELEVANCY: UNIQUE/LOCAL SITE KNOWLEDGE)
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Contracting Agency
Courthouse Square Ventures, LLC
210 N. Court St.

Visalia, CA 93292
Contact Name
Matthew Ainley
(559) 737-3748
[email protected]
4Creeks' Contract
Amount
$185,000
Anticipated Construction Cost
~$7.5M
Funding Source
Private Funds
Date of Contract
August 2017
Status
Completed
May 2020
The Darling Hotel & Rooftop Restaurant
Visalia, CA
The Darling Hotel is an adaptive re-use and historical restoration of a 1935 Art Deco building built by the County of Tulare to house an annex to the original courthouse and County services.
4Creeks provided the structural analysis, engineering, civil improvements, environmental compliance, utility coordination, applicant design and construction staking for the project.

The building had been vacant for the past decade; but is nding new life as a 32 room boutique hotel with a rooftop lounge. The project is a multi-million dollar remodel and renovation that restored / retained the historical features while bringing the building up to current standards and with modern amenities. Will Ruoff served as the Project Manager and Project Architect for the project while at a previous rm. Working closely with 4Creeks, 4CG Construction and Matt Ainley we were able to keep the project schedule and budget in check. The project is an award winning hotel in multiple publications throughout the County.

The Darling Hotel & Rooftop
Restaurant
Project Dates
2020 - 2021
Construction Cost
$4,254,000
Contract Amount
$589,000
Funding
Local funds
4Creeks Role
CM/Inspector
Mr. Chris Crawford
Mr. Dustin Smith
(559) 802-3052
Project Completion
December 2021
Contact Name
Mr. Daymon Qualls
City of Exeter
Public Works Director
Address
350 W. Firebaugh
Exeter, CA
Phone
(559) 592-3318 Ext. 4001
Visalia Road Improvement Project Phase 1
Construction Management/ Inspection
This project was a major street reconstruction and widening project at one of the major entrances to the City of Exeter. This project included complete street reconstruction and widening of over 0.5 miles of Visalia Road. Through 4Creeks value engineering efforts the street section was changed to a Full Depth with Reclamation (FDR-C) section to save costs and minimize the impact to existing underground utilities. The project included installation of a new sewer lift station and traf�c signal. At a request from the City, 4Creeks staff coordinated a new and safer location for the new lift station than what was shown on the original plans.

Major utility relocations were coordinated by the 4Creeks team with Frontier, CVIN, Southern CA Gas Co, and Southern CA Edison company (SCE). 4Creeks coordinated with the design engineer and SCE to redesign plans and save the City over $400,000 in unnecessary overhead utility undergrounding costs. 4Creeks also redesigned the landscaping on the project per a request from the City which resulted in a really clean and pretty looking entrance to the City. 4Creeks was hired to perform the construction management, inspection, surveying, labor compliance and materials testing services for this project. We teamed with NV5 to assist with a portion of the labor compliance, inspection, and materials testing work.

Outcome: 4Creeks used our proactive construction management philosophy and teamwork type mentality to work effectively with all parties involved and complete this project on time and under budget. 4Creeks staff saved the City of Exeter over $600,000 on this project through value engineering and our proactive construction management approach.

This project won the Outstanding Roadway Construction at the 2022 TCAG Local Motion Awards.

Visalia Road Improvement
Project Phase 1
Project Dates
December 2016 -
April 2018
Construction Cost
Condential
Address
720 E. Center Ave
Visalia, CA 93292
Contact
720 Center, LLC
Caskey Paper Company Building
4CG Project: Construction Management/ General Contractor The project was an adaptive re-use and restoration of a 28,000 square foot building in downtown Visalia. The project consisted of retro�tting the entire building from new plumbing, all new electrical, all new HVAC, new roof, and window systems for a mixture of tenants.

There were three phases of construction that occurred with Phase 1 being a 6,500 square foot artisan pizzeria and outdoor courtyard. Phase 2 was a remodel of the 14,000 square foot warehouse into of�ce space for a commercial cleaning company, a mortgage company, and a gym.

The �nal phase was a 6,500 square foot remodel for a gym, a cryotherapy spa, and an expansion of the restaurant. The project was a multi-million dollar renovation that created a new space in downtown Visalia for businesses and patrons to thrive.

Project Dates
2012-2014
Project Cost
Approx $6 million
Address
501 S. Alta Ave
Dinuba, CA 93618
Contact
Mr. Brian Miller
Chief Operating Ofc er
Contact Information
(559) 591-5510
Ruiz Foods Headquarters Expansion
4Creeks/4CG Project: Engineering, Surveying, General Contractor 4Creeks and 4CG Construction were selected to manage the construction of the headquarters expansion for Ruiz Foods located in Dinuba, CA.

The fortune 500 company was renovating and expanding their facilities to accommodate state of the art facilities including a commercial kitchen and testing wing with technological breakthroughs, a beautifully crafted board room with cutting edge connectivity, and an expansive research and development area that boasts sophisticated technology.

Ruiz Foods Headquarters
Expansion
Caskey Paper Company
Building
4Creeks Visalia Experience
4Creeks is not only located within the City of Visalia, but has completed projects for-and-within the City of which a summary is included below.
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CIVIC CENTER (COUNCIL

CHAMBERS)
$400M | >500,000 SF
LPA Project; Active Civic Center Campus;
Regional Project of the Year; LEED Silver;
APWA Regional Project of the Year, PCI
Sustainable Design Award
Appendix
SECTION NO.05
Shared Project Experience with
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Conflict of Interest
Griffin Structures does not have any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project. Additionally, we do not have any current clients who may have a financial interest in the outcome of the project.
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CM Services for the Visalia Civic Center Phase 2
RFP No. 22-23-16

Page 24 of 38 ends

Visalia City CouncilDecember 19, 2022

Visalia City Council
December 19, 2022