Agenda packet — South Lake Tahoe City Council, May 3, 2022 (part 1 of 3)

1 City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, May 03, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, City Facebook page at www.facebook.com/CityofSLT/ and via ZOOM at this link https://us06web.zoom.us/j/86298952088
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk’s Office, (530) 542-6005 or [email protected] Providing Public Comment:

In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].

By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the “raise a hand” button.

If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 862 9895 2088 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected].

When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a 1 2
majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
City Employee Recognition

1. City Employee Recognitions
Requested Action / Suggested Motions: Two new employees will be introduced to City Council.

Two employees will be recognized for reaching 20 Years-Service and one employee for reaching 15 Years-Service.

Responsible Staff Member: Various
Item 1 - Executive Summary.pdf
01-Staff Report Employee Service 05 03 2022.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission and Student Advisory Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda. Comments shall be limited to three (3) minutes.

The consent agenda consists of items of a repeating or routine nature considered under a single action. Any Councilmember may have an item on the consent agenda removed and considered separately upon request.

Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.

2. City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the March 29, 2022 and April 5, 2 3
2022 City Council meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Item 2 - Executive Summary.pdf
03 29 2022 Minutes.pdf
04 05 2022 Minutes.pdf

3. Revised 2022 City Council Meeting Schedule
Requested Action / Suggested Motions: Pass a Resolution approving the revised 2022 City Council Meeting Schedule with the June 21 meeting beginning at 9 a.m. instead of 5:30 p.m.

Responsible Staff Member: Susan Blankenship, City Clerk Item 3 - Executive Summary.pdf
01-Staff Report - Revised 2022 City Council Meeting Schedule.docx 02-Resolution - Revised 2022 City Council Regular Meeting Schedule.docx 03-Exhibit A to Resolution - Meeting Schedule.pdf

4. City of South Lake Tahoe Annual Comprehensive Financial Report, including the Independent Auditor's Report on Basic Financial Statements and Agreed Upon Procedures Report on Compliance with the Article XIII-B 2020-21 Appropriation Limit Calculations Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Item 4 - Executive Summary.pdf
01-Staff Report - ACFR 20-21
02 - City of South Lake Tahoe Annual Report.pdf
03-City of South Lake Tahoe 2021 Final GANN AUP Report.pdf

5. Ordinance – Amendments to South Lake Tahoe City Code Section 4.150.210 (Placement of Residential Containers for Collection Purposes) to Require Better Trash Management (Second Reading)
Requested Action / Suggested Motions: Pass an Ordinance amending Section 4.150.210 (Placement of Residential Containers for Collection Purposes) of the South Lake Tahoe City Code to require better trash management.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Item 5 - Executive Summary.pdf
01-Staff Report - Better Trash Management Ordinance Second Reading.docx 02-Better Trash Behavior Ordinance.docx
03-Redline of Ordinance Amendment.pdf
04-Notice of Legal Publication -Trash Behavior Ordinance.doc

6. Ordinance - Military Equipment Use Policy (Second Reading) Requested Action / Suggested Motions: Pass an Ordinance approving a military equipment use policy for the Police Department.

Responsible Staff Member: David Stevenson, Police Chief Item 6 - Executive Summary.pdf
01 - Staff Report - Military Equipment Use (Second Reading).docx 02 - Ordinance - Military Equipment Use.docx
03 - Policy (Attachment 03 to Ordinance).docx
04 - Equipment List (Attachment 04 to Ordinance).docx
05-Notice of Legal Publication- Military Equipment Use Policy.doc 3 4

7. Professional Services Agreement with Black Eagle Consulting, Inc. for On-Call Construction Materials Testing and Inspection Assistance Services
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Black Eagle Consulting, Inc. for On-Call Construction Materials Testing and Inspection Assistance Services in an amount not to exceed $143,315 .

Responsible Staff Members: Mark Frisina, Resident Engineer, and Randy Carlson, Associate Civil Engineer
Item 7 - Executive Summary.pdf
01-Staff Report - Materials Testing and Inspection Assistance.docx 02-PSA Black Eagle Consulting
03-Black Eagle Consulting Proposal

8. Professional Services Agreement with Willdan Engineering for On-Call Labor Compliance Specialist Services
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Willdan Engineering for On-Call Labor Compliance Specialist Services in an amount not to exceed $137,398.

Responsible Staff Members: Randy Carlson, Associate Civil Engineer, and Mark Frisina, Resident Engineer
Item 8 - Executive Summary.pdf
01-Staff Report -PSA with Willdan.docx
02-Willdan Proposal.pdf
03-PSA with Willdan.pdf

9. Maintenance Agreement with Caltrans for Parking Wayfinding Signs on U.S. 50 Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Maintenance Agreement with the California Department of Transportation for parking wayfinding signs on U.S. 50.

Responsible Staff Members: Anush Nejad, Director of Public Works and Randy Carlson, Associate Civil Engineer
Item 9 - Executive Summary.pdf
01-Staff Report - Maintenance Agreement.docx
02-Wayfinding Sign.pdf
03-Maintenance Agreement CalTRANS Wayfinding Signs.docx 04-Tahoe Crescent Pre-Litigation Settlement Agreement.pdf

10. Professional Services Agreement with BAE Urban Economics, Inc. for Feasibility Study on Local Funding Source for Housing Initiatives
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with BAE Urban Economics, Inc. for a Feasibility Study on Local Funding Source for Housing Initiatives in an amount not to exceed $133,190.

Responsible Staff Members: Zach Thomas, Housing Manager and Jessica Wackenhut Lomeli, Associate Housing Planner
Item 10 - Executive Summary.pdf
01-Staff Report - Housing Feasibility Study.docx
02-Reso. No. 2021-056 REAP Grant.pdf
03-PSA with BAE Urban Economics.pdf
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11. Amendment to Professional Services Agreement with Walker Telecomm, Inc. to Install Generator for Emergency Communications System Power Resiliency
Requested Action / Suggested Motions: 1) Pass a Resolution appropriating Measure S funds in the amount of $96,400 to purchase and install one (1) backup power generator at the Police Station for emergency communications system power resiliency; and 2) Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Walker Telecomm to purchase and install the generator for $96,400.

Responsible Staff Members: Jim Marino, Capital Improvements Manager Item 11 - Executive Summary.pdf
01-Staff Report-Communications System Generator.docx
02-Walker Telecom Generator Install Scope of Work
03-Amendment to Purchase Agreement Walker Telecom
04-Generator Specifications
05-Enclosure Specifications
06-Fuel Tank Specifications
07-ATS Specifications
08-Resolution Appropriating Measure S Funds.docx

12. Professional Services Agreement with Neo Connect for Broadband Feasibility Study Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Neo Connect to prepare the Broadband Feasibility Study for $172,700, plus a 10% contingency, for a total amount not to exceed $189,970.

Responsible Staff Member: Anush Nejad, Director of Public Works Item 12 - Executive Summary.pdf
01-Staff_Report_Broadband_Services.docx
02 - Professional Services Agreement NEO Connect.docx
03 - NEO Proposal.pdf

13. Ratification of California Department of Alcoholic Beverage Control Grant Application Requested Action / Suggested Motions: Pass a Resolution ratifying application for grant, and if awarded, authorizing acceptance, budget, and reimbursement of a grant from the California Department of Alcoholic Beverage Control in an amount up to $98,136 to facilitate enforcement and education efforts for alcohol related offenses for State Fiscal Year 2022-2023.

Responsible Staff Member: David Stevenson, Chief of Police Item 13 - Executive Summary.pdf
01 - Staff Report - ABC Grant 22-23.docx
02 - Resolution - ABC Grant 22-23.docx
03-ABC Grant Application 22-23 (Exh. A to Reso).pdf

14. Amendment to the Surplus Land Inventory
Requested Action / Suggested Motions: Pass a Resolution approving the amended surplus land inventory.

Responsible Staff Member: Madison Dederick, Assistant Planner Item 14 - Executive Summary.pdf
01 - Staff Report - Amendment to the Surplus Land Inventory.docx 02-Resolution-Amendments to Surplus Land Inventory.docx Public Hearing
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15. Annual Public Hearing for Continued Snow Removal Equipment Purchase Funded Through the Existing County Service Area No. 3 Parcel Assessment
Requested Action / Suggested Motions: Pass a Motion directing the City Clerk to prepare and submit a Minute Order of this Public Hearing to El Dorado County.

Responsible Staff Member: Anush Nejad, Director of Public Works Item 15 - Executive Summary.pdf
01-Staff_Report__CSA__3_2022.docx
02 - CSA3-Direct-Charge 2021.pdf
03-Public Hearing Notice Affidavit.pdf
Regular-Unfinished Business

16. Professional Services Agreement with Ralph Andersen & Associates for Classification and Compensation Study
Requested Action / Suggested Motions: 1) Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Ralph Andersen & Associates for Classification and Compensation Study in an amount not to exceed $84,500; and 2) Pass a Resolution allocating $84,500 from undesignated funds from the 2021-2022 fiscal budget for this project.

Responsible Staff Member: Tom Stuart, Assistant to the City Manager II Item 16 - Executive Summary.pdf
01-Staff_Report_-_Classification___Compensation_Study.docx 02-Resolution-Award_of_Classification_and_Compensation_Study.docx 03-RFP 2022-03-07 Classification and Compensation.pdf
04-Professional Services Agreement with Ralph Andersen & Associates.docx

17. Lease Agreement with Bydand Unlimited Trust for the Bijou Golf Course Parking Lot Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the three-year Lease Agreement with Bydand Unlimited Trust for a parking lot for the Bijou Golf Course with rent of $19,161 for 2022 with an annual increase based on the Consumer Price Index.

Responsible Staff Member: Lauren Thomaselli, Parks and Recreation Director Item 17 - Executive Summary.pdf
01-Staff Report - Lease Agreement - Bijou Golf Course Parking Lot.docx 02-Correspondence to Mary McCall.pdf
03-Proposed McCall Agreement.pdf
04-Exhibit 1 Property Map
05-Proposed City Agreement.pdf

18. Appropriation of $35,000 from General Fund Undesignated Excess Reserves for Settlement of Deborah Perez v. City of South Lake Tahoe, et al.

Requested Action / Suggested Motions: Pass a Resolution appropriating $35,000 from General Fund Undesignated Excess Reserves for payment under the Settlement Agreement and Release with Deborah Perez regarding alleged violations of the Americans with Disabilities Act at the Campground by the Lake.

Responsible Staff Members: Dan Bardzell, Assistant City Attorney and Heather Stroud, City Attorney
Item 18 - Executive Summary.pdf
01-Staff_Report_-_Deborah_Perez_Settlement.docx
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02-City_Council_Resolution_-_Deborah_Perez_Settlement.docx 03-Settlement Agreement
Regular-New Business

19. Policies Regarding Disposition of Tahoe Regional Planning Agency (TRPA) Residential Allocations and Development Commodities and Land Coverage Owned by the City of South Lake Tahoe Requested Action / Suggested Motions: 1) Pass a Resolution approving revised Residential Allocation Procedures; and, 2) Pass a Resolution approving revised Policy Regarding TRPA Commodities.

Responsible Staff Member: Hilary Roverud, Director of Development Services Item 19 - Executive Summary.pdf
01-Staff Report - Commodity Distribution.docx
02-Res 2021-036 Residential Allocation Procedures.pdf
03-Res 2019-067 Policy Regarding TRPA Commodities.pdf
02-Resolution Revised Residential Allocation Proceedures.pdf 05-Resolution Revised Policy Regarding TRPA Comodities.pdf

20. Presentation by Lime on 2021 Season; Direction Regarding Winter Operations for Shared Mobility Devices
Requested Action / Suggested Motions: (1) Receive presentation from Lime; and (2) Provide direction to staff on whether to amend Shared Mobility Device Ordinance to allow for winter operations.

Responsible Staff Members: Joseph Irvin, City Manager and Heather Stroud, City Attorney Item 20 - Executive Summary.pdf
01-Lime Presentation.pdf

21. Single Room Occupancy Program Fee Exemption for Tahoe Coalition for the Homeless Requested Action / Suggested Motions: Pass a Resolution authorizing waiving outstanding fees and interest in addition to projected annual Single Room Occupancy program fees for the Tahoe Coalition for the Homeless.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Item 21 - Executive Summary.pdf
01-Staff_Report_TCH_SRO_Exemption_rl.docx
02-TCH CSLT MOU.pdf
03-TCH CSLT Operating Agreement.pdf
04-Resolution TCH Fee Waiver.docx

22. Memorandum of Understanding with Lake Tahoe Historical Society for Improvements to the Al Tahoe Pioneer Cemetery
Requested Action / Suggested Motions: Pass a Motion authorizing the Mayor to Execute a Memorandum of Understanding with the Lake Tahoe Historical Society for Improvements to the Al Tahoe Pioneer Cemetery.

Responsible Staff Members: Lauren Thomaselli, Parks and Recreation Director and Faye-Marie Pekar, Engineering Technician, Public Works
Item 22 - Executive Summary.pdf
01-Staff Report - Al Tahoe Cemetery.docx
02-MOU - Al Tahoe Pioneer Cemetery.pdf
03-Property Profile.pdf
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23. Resolution of Intention to Modify South Lake Tahoe Tourism Improvement District Management Plan Requested Action / Suggested Motions: Pass a Resolution Declaring Intention to Modify South Lake Tahoe Tourism Improvement District Management District Plan and Fixing Time and Place of Public Hearing.

Responsible Staff Member: Heather Stroud, City Attorney Item 23 - Executive Summary.pdf
01 - Staff Report for Resolution of Intention.docx
02 - Resolution of Intention.docx
03 - Letter from SLTTID Requesting Modification.docx
04 - Redline of Requested Modifications to SLTTID Management District Plan.pdf 05 - SLTTID Revised Bylaws.pdf

24. Funding Agreement with the South Shore Transportation Management Association for $150,000 Contribution to South Shore Microtransit Service
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Funding Agreement with the Shore Transportation Management Association for a $150,000 Contribution for Mictrotransit Service.

Responsible Staff Members: Joe Irvin, City Manager and Lindsey Baker, Assistant to the City Manager/Public Information Officer
Item 24 - Executive Summary.pdf
01-Staff Report - SSTMA Funding Agreement.docx
02-SSTMA Funding Agreement.pdf

25. Amendments to City Manager Employment Agreement
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute the Amended and Restated City Manager Employment Agreement increasing base compensation from $178,500 to $196,350 (effective October 1, 2022), and beginning in October 2023, adjusting annually for cost of living based on the lower of the San Francisco-Oakland-Hayward Urban All Items index or any salary increase provided to unrepresented employees, consistent with Government Code section 3511.2.

Responsible Staff Member: Tom Stuart, Assistant to the City Manager Item 25 - Executive Summary.pdf
01-Staff_Report_-_Amendment_to_City_Manager_Employment_Agreement_.docx 02-Resolution_-_Amendments_to_the_City_Manager_Employment_Agreement (1).docx 03-(Redline) Amendments to City Manager Employment Agreement.pdf 04-Amended and Restated Employment Agreement with City Manager (Exh. A to Reso.).docx 05-CM Salary Table 2022.pdf

26. Amendments to City Attorney Employment Agreement
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute the Amended and Restated City Attorney Employment Agreement increasing base compensation from $176,256 to $193,881 (effective October 1, 2022), and beginning October 2023, adjusting annually for cost of living based on the lower of the San Francisco-Oakland-Hayward Urban All Items index or any salary increase provided to unrepresented employees, consistent with Government Code section 3511.2.

Responsible Staff Member: Tom Stuart, Assistant to the City Manager II Item 26 - Executive Summary.pdf
01-Staff_Report_-_Amendment_to_City_Attorney_Employment_Agreement_.docx 02-Resolution_-_Amendments_to_the_City_Attorney_Employment_Agreement.docx 03-(Redline) Amendments to City Attorney Employment Agreement.pdf 8 9
04-Amended and Restated Employment Agreement with City Attorney (Exh. A to Reso.).docx CA Salary Table 2022.pdf
Agenda Planning Calendar

27. Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member: Joseph Irvin, City Manager
Item 27- Executive Summary.pdf
APC - April 27, 2022.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday May 3, 2022 meeting of the City of South Lake Tahoe City Council was posted and available for review on Thursday, April 28, 2022 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.

Signed April 28, 2022
\\sb\\
Susan Blankenship, Elected City Clerk
9 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 1
Agenda Item: City Employee Recognitions
Executive Summary: New City employees and long-serving City employees who reach the 5, 10, 15, 20, & 25 year service milestone will be recognized at each monthly meeting.

Requested Action / Suggested Motions: Two new employees will be introduced to City Council. Two employees will be recognized for reaching 20 Years-Service and one employee for reaching 15 Years-Service.

Responsible Staff Member: Various
Responsible Staff Member: Various Departments
Reviewed and Approved By:

Susan Blankenship, City Clerk
Attachments:
01-Staff Report Employee Service 05 03 2022.pdf
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City of South Lake Tahoe
Report to City Council
Meeting Date: May 3, 2022
Title: City Employee Recognition
Location: Citywide
Responsible Staff Member: Various Department Directors
Background: Following past practice, new regular City employees are introduced to Council during a City Council meeting.

As part of the City’s Employee Recognition Program, employees who have reached five, ten, fifteen, twenty and twenty-five years of service are recognized for their achievements and contributions to the City.

New Regular City Employees:

Finance
Akemi Nishimura, Accountant 1
City Attorney
Elizabeth McSorley, Paralegal
Service Awards:

Development Services
Lydia Zuniga, Program Coordinator – 20-Years’ service
Public Works
Pedro Lopez, Maintenance Technician III – 20 Years’ Service Fire Department
Tyler Jack, Fire Suppression – 15 Years’ Service

Council Agenda Report May 3, 2022 Page 1 of 1
11 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 2
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council is asked to formally approve the March 29, 2022 and April 5, 2022 City Council meeting minutes..

Requested Action / Suggested Motions: Pass a Motion approving the March 29, 2022 and April 5, 2022 City Council meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:

Attachments:
03 29 2022 Minutes.pdf
04 05 2022 Minutes.pdf
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City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, March 29, 2022 at 9:00 a.m.

City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 9:03 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Middlebrook, Councilmembers Bass, Creegan, Friedrich and Wallace.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Public Communications
None.

Regular-New Business

1. Strategic Planning Advance
Note: City Manager distributed written material and staff provided a PowerPoint Presentation.

Action: Received updates from staff on current issues and trends facing the City and participated in a discussion facilitated by consultant Reva Feldman, LLC on matters related to economic development and quality of life. City Council provided direction to the City Manager on five identified strategic priorities:
(1) Redevelopment
Directed staff to create a summary of all vacant/underused properties including square footage, zoning, and property ownership and return to Council. Council will then provide staff with a priority list of properties to focus on and then work with property owners on potential redevelopment. - Identify focus areas: Lakeview to Lakeside and Y
- Renew/update commercial standards
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(2) Transportation
Create a transit and mobility hub. The goal is to get people out of cars and reduce Vehicle Miles Traveled.
- Park Once program
- Staff to talk to casinos and ski resorts on bus program. (3) Quality of Life
Direct staff to develop marketing, programs and amenities that help reimagine tourism while maintaining residential quality of life
(4) Business Resiliency
Directed staff to work with chamber and businesses to ensure continuity of services and business operations during disasters.
- Community wide Emergency preparedness -hardening
- Redundancy, peaks and valleys of visitors
(5) Infrastructure
Directed staff to capitalize on grant funding and development projects to enhance City infrastructure projects that improve the quality of life and recreational experience for residents and visitors.
- Improve relationship with Caltrans
- Outdoor dining/signage
Note: Council took a lunch recess from 11:30-12:15 p.m.

Adjournment
At approximately 1:26 p.m. Mayor Middlebrook adjourned the meeting. __________________________ _______________
Devin Middlebrook, Mayor Date
Attest:
___________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council
14 1
City of South Lake Tahoe
City Council and South Tahoe Joint Powers Parking
Financing Authority
Meeting Minutes
Tuesday, April 05, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 9:12 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Middlebrook, Councilmembers Bass, Creegan, Friedrich and Wallace.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Closed Session Report
No reportable action.

City Employee Recognitions

1. City Employee Recognitions
Action: Sara Letton, Sustainability Coordinator and Chris Heckathorn, Public Works were introduced to City Council. Olga Tikhomirova, Finance was recognized for reaching 20 YearsService.

Proclamation

2. Proclamation - Child Abuse Prevention Awareness Month Action: Issued Proclamation recognizing April 2022, as "Child Abuse Prevention Awareness Month".

The following person addressed City Council:

1. Deanna Santana, El Dorado County Child Abuse Prevention Council 15 2
Public Communications
Public Comment was heard from the following people:

1. Mary McCall - Bijou Golf Course *written material distributed

2. Carole Foster – Wagon Train Event * written material distributed

3. Ed Mosur – Tourism Improvement District, Business Improvement District Written Public Comment was received from the following people:

4. Jim Bohlen – Diana Madson

5. Saundra Edwards – Councilmember Wallace

6. Susan Griffin – Councilmember Creegan

7. Warren Harding – Corey Rich and Chris McNamara

8. Will Irwin – endangered species, environmental concerns

9. Udo Keppler – government corruption

10. Wally Pinniped – Councilmember Wallace

11. John Powell – Bijou Park Creek

12. Phuket Sherpa – Cory Rich

13. Joseph Story – Diana Madson
City Commission Reports

1. David Gregorich, Parks and Recreation Commission
Consent Agenda
Note: Councilmember Friedrich pulled Item 8 off consent.

Note: Councilmembers Friedrich and Creegan recused themselves from voting on Items 6 and 7 due to property interest in the area.

Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook, and Wallace Action: Passed Consent Agenda Items 3 through Item 7, with noted recusals.

3. City Council Meeting Minutes
Action: Passed Motion 2022-026 approving the March 1, 2022 and March 15, 2022 Regular City Council meeting minutes.

4. Agreement for Consultant Services to Develop a "Reach Code" for Enhanced Building Code Requirements With Integrated Design 360, LLC
Action: Passed Resolution 2022-027 authorizing $50,000 of American Rescue Plan Act (ARPA) funds for Reach Code development and authorizing and directing the Mayor to execute an Agreement C-043-2022 for consultant services to develop a reach code with Integrated Design 360, LLC in an amount not to exceed $74,543.

5. License Agreement with the California Tahoe Conservancy for the Tahoe Valley Stormwater & Greenbelt Improvement Project
Action: Passed Motion 2022-031 to approve License Agreement C-044-2022 between the California Tahoe Conservancy and City of South Lake Tahoe to allow the City and the general public to occupy and use the facilities to be constructed on portions of 17 Conservancy-owned parcels for a 25-year term.

6. Agreement for Third Party Plan Review Services for Multi-Generational Recreation and Aquatics Facility with BPR Consulting Group
16 3
Action: Passed Motion 2022-032 authorizing and directing the Mayor to execute Professional Services Agreement C-045-2022 with BPR Consulting Group in the amount of $42,800 with an additional contract contingency of 10% ($4,280) for third party plan review services.

Public Comment was heard from the following person:

1. Ed Mosur
Written Public Comment was received from the following person:

2. Grace T.

7. Grant Acceptance and Fund Appropriation for Campground Restroom Relocation Note: City Clerk noted comments from previous meeting on this item which are in the administrative record for the March 3, 2022 meeting.

Action: Passed Resolution 2022-038 to accept grant awards in the amount of $427,952 through the State of California Department of Parks and Recreation Proposition 68 Per Capita and RIRE grant funding programs and appropriate said grant awards towards the relocation of the existing restroom located at the City’s campground for purposes of clearing the existing site for the construction of the city’s new Multi-Generational Recreation and Aquatics Facility.

Written Public Comment was received from the following people:

1. Edwin Bustillos

2. Saundra Edwards

3. Val Plumwood

4. Paul Thorpe

5. Grace Thorpe
8 Ordinance - Amendments to Cannabis Ordinance Prohibiting On-Site Consumption, Allowing Increased Cultivation Canopy of 22,000 Square Feet, and Allowing Owners and Operators to Hold More Than One Non-Retail Permit (Second Reading) Note: Councilmember Bass recused himself from this item and left the meeting.

Action: Moved/Seconded: Friedrich/Creegan
Yes: Creegan, Friedrich and Middlebrook
No: Wallace
Recused: Bass
Action: 1) Passed Motion 2022-033 finding that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act; and 2) Passed Motion 2022-034 to hold a second reading (by title only) and adopt Ordinance 2022-1161 amending Article X (Cannabis Regulations) of Chapter 6.55 of the South Lake Tahoe City Code to prohibit on-site consumption, allow increased cultivation canopy of 22,000 square feet, and allow owners and operators to hold more than one non-retail permit.

Public Comment was heard from the following people:

1. Cody Bass, Tahoe Wellness Center

2. Ed Mosur

3. Mary McCall

4. Melissa Soderston

5. Scott Robbins
17 4
Public Hearing

9. Sugar Pine Village Affordable Housing Project - Tax Equity and Fiscal Responsibility Act (TEFRA)
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-039 authorizing the issuance of revenue bonds by the California Municipal Finance Authority for the purpose of providing financing for a residential rental housing facility known as Sugar Pine Village Phase 1A.

10. Tentative Subdivision Map approval - 3708 Lake Tahoe Boulevard & 3709 Osgood Avenue Town Homes
Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-040 approving the Tentative Subdivision Map.

Public Comment was heard from the following people:

1. Ed Mosur

2. Gary Midkiff, Midkiff and Associates

11. Department of Alcoholic Beverage Control - Public Convenience or Necessity - Grocery Outlet
Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-041 approving issuance of a Letter of Public Convenience or Necessity to the California Department of Alcoholic Beverage Control for the Issuance of a Type 21 License for the Premises at 2358 Lake Tahoe Boulevard (Grocery Outlet Inc.) The following people address the City Council:

1. Katie Shardt, Grocery Outlet

2. Veronica Vargas, Entitlement Manager, Grocery Outlet

3. Kim and Ryan Schouten, Grocery Outlet

12. Ski Run Business Improvement District Annual Assessment Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-042 confirming the Ski Run Business Improvement District annual report and levying the assessment for business license year 2022/2023.

Public Comment was heard from the following person:

1. Ed Mosur
Regular-Unfinished Business

13. Contract for the Supply and Installation of LED Lighting Retrofit Assemblies for US 50 Between Trout Creek and Ski Run Blvd. With Advanced Lighting Services, Inc.

Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: 1) Passed Resolution 2022-043 appropriating funds for the award of a Public Works Contract for LED lighting retrofits to Advanced Lighting Services, Inc. for the project base bid and additive alternates 1 & 2 amount of $150,418.15 and 10% contingency of $15,041.82; and (2) Passed Motion 2022-035 authorizing and directing the Mayor to execute agreement C-046-2022 with Advanced Lighting Services, Inc. for the selected amount.

Public Comment was heard from the following person:

1. Ed Mosur
18 5

14. Ordinance – Amendments to South Lake Tahoe City Code Section 4.150.210 (Placement of Residential Containers for Collection Purposes) to Require Better Trash Management (First Reading)
Action: Moved/Seconded: Friedrich/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-036 to hold a first reading (by title only) of an Ordinance Amending Section 4.150.210 (Placement of Residential Containers for Collection Purposes) of the South Lake Tahoe City Code to Require Better Trash Management, and refer second reading and adoption to the May 3, 2022 meeting.

The following person addressed the City Council:

1. Jeff Tillman, South Tahoe Refuse
Public Comment was heard from the following person:

2. Ed Mosur
Regular-New Business

15. Ordinance - Military Equipment Use Policy (First Reading) Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-037 to hold first reading (by title only) of an Ordinance approving a military equipment use policy and refer second reading and adoption to the May 3, 2022 meeting.

Public Comment was heard from the following person:

1. Ed Mosur

16. Travel Authorization - California Tahoe Alliance Advocacy Days, Sacramento, April 19-20, 2022
Action: Moved/Seconded: Friedrich/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-038 authorizing Mayor Middlebrook and Mayor Pro-Tem Creegan to attend the California Tahoe Alliance Advocacy Days in Sacramento. The estimated cost per person is $550.

Regular New Business - South Tahoe Joint Powers Parking Financing Authority

17. Agreement with Walker Consultants for the City Parking Garage Access and Revenue Control System and Modification Project
Action: Moved/Seconded: Bass/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Acting as the South Tahoe Joint Powers Parking Financing Authority, Passed STJPPFA Resolution 2022-003 authorizing and directing the Chair to execute Professional Services Agreement C-047-2022 with Walker Consultants in the amount of $187,230, and appropriating $205,953 (including contingency) into the Parking Garage Revenue Expense Account for the Parking Garage Access and Revenue Control System and Modification Project.

Agenda Planning Calendar

18. Agenda Planning Calendar
Action: Received.

Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk:

1. Next scheduled meeting on May 3, 2022, 9:00a.m.

City Manager:

1. Policy on distributing City Owned Commodities
19 6
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Friedrich:

1. Multicultural Alliance Subcommittee meeting –Festival scheduled September 24, 2022

2. Tahoe Regional Planning Agency Governing Board Meeting

3. Housing Subcommittee Meeting
Councilmember Wallace

1. Support for House Resolution 6903 (Bass second)
Councilmember Bass:

1. Upcoming Tahoe Transportation District meeting

2. Tahoe Regional Planning Agency meeting
Councilmember Creegan:

1. Clean Tahoe meeting

2. South Tahoe Refuse and Solid Waste JPA partnership

3. Upcoming South Tahoe Public Utility District 2 X 2 meeting Closed Session
Note: No public comments were received on Closed Session Items.

19. Public Employee Performance Evaluations – Government Code section 54957(b)(1) Title: City Manager and City Attorney
Action: No reportable action.

20. Conference with Labor Negotiator – Government Code section 54957.6(a) Designated Representative: Thomas Stuart, Assistant to City Manager II Unrepresented Employees: City Manager and City Attorney Action: No reportable action.

Adjournment
At 1:26 p.m. Mayor Middlebrook adjourned the meeting.
__________________________ _______________
Devin Middlebrook, Mayor Date
Attest:
___________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
20 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 3
Agenda Item: Revised 2022 City Council Meeting Schedule Executive Summary: The City Council will be holding a transportation workshop as part of the regular meeting of June 21. In order to accommodate the workshop, the regular meeting of June 21 will begin at 9 a.m. (instead of 5:30 p.m.)
Requested Action / Suggested Motions: Pass a Resolution approving the revised 2022 City Council Meeting Schedule with the June 21 meeting beginning at 9 a.m. instead of 5:30 p.m.

Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By:

Heather Stroud, City Attorney
Attachments:
01-Staff Report - Revised 2022 City Council Meeting Schedule.docx 02-Resolution - Revised 2022 City Council Regular Meeting Schedule.docx 03-Exhibit A to Resolution - Meeting Schedule.pdf
21 Council Agenda Report May 3, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 3, 2022
Title: Revised 2022 City Council Regular Meeting Schedule Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Joseph Irvin, City Manager
Background: The City Council regular meeting calendar is adopted by Resolution for the following year. Changes to the regular meeting calendar must be made by Resolution.

Issue and Discussion: The City Council will be holding a transportation workshop as part of the regular meeting of June 21. In order to accommodate the workshop, the regular meeting of June 21 will begin at 9 a.m. instead of 5:30 p.m. Council are asked to adopt a Resolution approving the revised regular meeting calendar of 2022.

Policy Implications: Government Code section 54954(a) requires that the legislative body of a local agency provide the time and place for holding regular meetings. .
22 Council Agenda Report May 3, 2022 Page
2 of 2
23 Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
May 3, 2022
Revised 2022 City Council Meeting Schedule

BACKGROUND
A. In accordance with Government Code Section 54954 (a), the City Council sets the regular meeting schedule on the first and third Tuesday in January, February, March, May, June, September, and November; the first Tuesday in April and October, the second Tuesday in December; the second and fourth Tuesday in August; and includes an additional Strategic Planning Advance the fifth Tuesday in March.

B. City Council meetings are held at City Hall, City Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe.

C. The first meeting of every month will begin at 9 a.m. If there are two meetings in a month, the second meeting will begin at 5:30 p.m.; except the Budget Workshop on August 23 and the June 21 regular meeting, which will begin at 9 a.m. The third meeting in March will begin at 9 a.m.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Does hereby adopt the Revised 2022 Regular Meeting Schedule (Exhibit A).

Adopted by the City of South Lake Tahoe City Council on May 3, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council. 24 City Council 2022 Regular Meeting Schedule
City Hall – City Council Chamber
1901 Lisa Maloff Way, South Lake Tahoe
The first meeting of every month begins at 9 a.m.

If there are two meetings in a month, the second meeting begins at 5:30 p.m., except as noted below.

January 2022

S M T W T F S
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23 24 25 26 27 28 29
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February 2022

S M T W T F S
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March 2022

S M T W T F S
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6 7 8 9 10 11 12
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*Strategic Planning
Advance 9 a.m.

April 2022

S M T W T F S
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3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
May 2022

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8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
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June 2022

S M T W T F S
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5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 *21 22 23 24 25
26 27 28 29 30
July 2022

S M T W T F S
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3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 August 2022

S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 *23 24 25 26 27
28 29 30 31
*Budget Workshop 9 a.m.

September 2022

S M T W T F S
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4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
October 2022

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November 2022

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13 14 15 16 17 18 19
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December 2022

S M T W T F S
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Passed May 3, 2022 – Resolution 2022-XXX
Exhibit A
*Regular meeting 9 a.m.
25 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 4
Agenda Item: City of South Lake Tahoe Annual Comprehensive Financial Report, including the Independent Auditor's Report on Basic Financial Statements and Agreed Upon Procedures Report on Compliance with the Article XIII-B 2020-21 Appropriation Limit Calculations Executive Summary: The Annual Comprehensive Financial Report is published by the Finance Department and includes the Independent Auditor's Report on the Basic Financial Statements of the City of South Lake Tahoe. The Annual Report is designed to professionally and effectively communicate the City's financial position and is prepared in compliance with the financial reporting standards of the Government Finance Officers Association.

Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Reviewed and Approved By:

Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Attachments:
01-Staff Report - ACFR 20-21
02-2021 City of South Lake Tahoe Annual Report
03-City of South Lake Tahoe 2021 Final GANN AUP Report.pdf 26 Council Agenda Report- May 3, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 3, 2022
Title: City of South Lake Tahoe Annual Comprehensive Financial Report (Annual Report), including the Independent Auditor's Report on the Basic Financial Statements of the City of South Lake Tahoe; Agreed Upon Procedures Report on Compliance with the Article XIII-B 2020-21 Appropriation Limit Calculations.

Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Background: Annually the City’s financial records are audited by an independent Certified Public Accounting firm.

The Annual Comprehensive Financial Report (Annual Report) is published by the Finance Department and includes the Independent Auditor’s Reports on the Basic Financial Statements of the City of South Lake Tahoe, which accurately reflect the fiscal position of the City of South Lake Tahoe and its component units at September 30, 2021.

The Annual Report is designed to professionally and effectively communicate the City’s financial position. This report is prepared in compliance with the financial reporting standards of the Government Finance Officers Association of the United States and Canada (GFOA) and includes three major sections:
 Introductory section – transmittal letter, including summary of auditor’s opinion, City profile, economic condition, strategic priorities and financial management.  Financial Section – the City’s independently audited financial statements along with Management’s Discussion and Analysis of the City’s financial position and results of operations for fiscal year 2021.
 Statistical Section – financial trends, revenue and debt capacity, demographic, economic and operating information.

The Annual Report and financial statements are due within 180 days of the close of the fiscal year. This report is required to be distributed annually to the State Controller, the City’s bond trustees, banks, rating agencies and various other outside entities.

The City’s Annual Report is submitted annually to the Government Finance Officers Association (GFOA) award program for their review of readability, efficient organization, and comprehensive reporting. For fourteen consecutive years the City of South Lake Tahoe has received awards for excellence in financial reporting.
27 Council Agenda Report- May 3, 2022 Page 2 of 2
Issue and Discussion: Eide Bailly LLP have completed the independent audit using Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards (GAAS) and have issued the attached financial statements and reports as of and for the year ended September 30, 2021. The Auditors have issued an unmodified opinion, stating that the financial statements present fairly, in all material respects, the financial position of the City as of that date. An unmodified opinion is the best opinion an independent auditor can give, and this is what we expect to receive.

Financial Implications: The City’s financial statements report an unassigned general fund balance of $24,880,959 as of September 30, 2021. Reducing this amount by 25% of the 2021- 22 operating budget expenses (committed reserve $12,042,315), by the balances of funds included with the general fund for reporting purposes (building permit fees $234,254 and Measure S Sales Tax general fund $938,149) and a loan commitment for the Sugar Pine Village project of $1,250,000, leaves an unassigned fund balance of $10,416,241. Of this amount, commitments of $7,939,598, including $2,553,076 for grant match set-aside, $702,738 for previous year carryforward encumbrances (net amount), $1,555,663 for various CIP projects and other needs, and $3,128,121 total for mid-year adjustments, approved by City Council in the first six and a half months of the year, leave $2,476,643 available for one-time projects and expenses, including grant matching requirements.

Policy Implications: Compliance with City Financial Policies – Financial Reporting. 28 29
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1 Independent Accountant’s Report
To the Honorable Mayor and City Council
South Lake Tahoe, California
We have performed the procedures enumerated below, on the Appropriations Limit Calculation of the City of South Lake Tahoe, California (City) prepared in accordance with Article XIII-B of the California Constitution for the fiscal year ended September 30, 2021. The City’s management is responsible for the Appropriations Limit Calculation.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of evaluating the Appropriations Limit Calculation and we will report on findings based on the procedures performed. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures performed and our findings are as follows:

1. We obtained the completed worksheets setting forth the calculations necessary to establish the City's 2020-21 appropriations limit and compared the limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of the City Council.

Finding: No exceptions were found as a result of this procedure.

2. We added last year's limit to the annual adjustment amount and compared the resulting amount to the 2020-21 appropriations limit.

Finding: No exceptions were found as a result of this procedure.

3. We compared the current year information to the worksheets described in Procedure 1 above to information provided by the California State Department of Finance.

Finding: We found that the City utilized an incorrect inflation factor in the 2020-21 appropriations limit calculation. This resulted in an understatement of the 2020-21 appropriations limit of $417,119.

No other exceptions were found as a result of this procedure.

4. We agreed the prior year appropriations limit to the prior year appropriations limit adopted by the City Council.

Finding: No exceptions were found as a result of this procedure.

What inspires you, inspires us. | eidebailly.com
2151 River Plaza Dr., Ste. 308 | Sacramento, CA 95833-4133 | T 916.570.1880 | F 916.570.1875 | EOE 225 2 We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Appropriations Limit Calculation. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

No procedures have been performed with respect to the determination of the appropriation limit for the base year, as defined by Article XIII-B of the California Constitution.

This report is intended solely for the information and use of the City Council, Major and management of the City and is not intended to be and should not be used by anyone other than these specified parties.

Sacramento, California
March 29, 2022
226
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 5
Agenda Item: Ordinance – Amendments to South Lake Tahoe City Code Section 4.150.210 (Placement of Residential Containers for Collection Purposes) to Require Better Trash Management (Second Reading)
Executive Summary: On April 5, 2022, City Council held a first reading of the ordinance and referred second reading to the meeting on May 3, 2022. The ordinance amends the City Code chapter 4.150 (Refuse and Garbage) to incorporate a narrower window of time in order to promote better trash management behavior with respect to our resident bear and other wildlife populations. Current code provides for residential containers to be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection. South Tahoe Refuse pushed back pick up times to no earlier than 7:00 a.m. in order to make it more likely for trash to be brought outside on the morning of trash pickup. This ordinance proposes that trash be placed at curbside no earlier than 6:00 a.m. on the day designated for refuse collection, unless containers are housed in approved shelters.

Requested Action / Suggested Motions: Pass an Ordinance amending Section 4.150.210 (Placement of Residential Containers for Collection Purposes) of the South Lake Tahoe City Code to require better trash management.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Responsible Staff Member: Sara Letton, Sustainability Coordinator (530) 542-6175 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Better Trash Management Ordinance Second Reading.docx 02-Better Trash Behavior Ordinance.docx
03-Redline of Ordinance Amendment.pdf
04-Notice of Legal Publication -Trash Behavior Ordinance.doc 227
Council Agenda Report- May 3, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 3, 2022
Title: Ordinance – Amendments to South Lake Tahoe City Code Section 4.150.210 (Placement of Residential Containers for Collection Purposes) to Require Better Trash Management (Second Reading)
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator (530) 542-6175 Background: The proposed ordinance would amend City Code chapter 4.150 (Refuse and Garbage) to require better trash management behaviors. Fines for violations of Chapter 4.150 were increased by City Council on March 15, 2022 from $50 to $150 in order to further incentivize better trash management behaviors.

During evacuation for the Caldor Fire in the fall of 2021, our city saw a spike in bear encounters with trash. This behavior has continued since the city repopulated. According to Clean Tahoe, “A bear that has frequent access to human food will likely lose its natural fear of humans and also may damage property in its quest to reach the food source” (Clean Tahoe 2020).

Several years ago, South Tahoe Refuse updated its schedule so that trucks do not leave the facility until 7:00 a.m., allowing households a reasonable window of time to get trash to the curbside on the morning of pickup. Putting trash out the night before pickup provides a lot of time and opportunity for bears to be attracted to the trash.

On March 1, 2022 during discussion of the Master Fee Schedule, City Council directed staff to bring back an ordinance that would prevent residential trash from being put out before trash day.

The proposed ordinance would decrease the amount of time available for bears to get into trash by 12 hours, from 6 p.m. the night before to 6 a.m. the on the day designated for refuse collection.

On April 5, 2022 City Council voted 5-0 to refer second reading and adoption to May 3, 2022.

Issue and Discussion: Our community values our native wildlife population, including our bears. We recognize that human trash management behaviors influence bear behavior. The intention of this ordinance is to create conditions in which we see fewer bear-trash encounters.

Fewer such encounters will promote a healthier and more natural bear ecology while protecting safety of both human and bear, while protecting property. Additionally, bear-trash encounters lead to trash being spread through the streets, and eventually into the open spaces and waterways which lead to our lakes. Reduced encounters will lead to less pollution and microplastics in these lakes, protecting fragile ecosystems.
228
Council Agenda Report- May 3, 2022 Page 2 of 2
In the long term, fewer bear-trash encounters will increase efficiency for our franchisee South Tahoe Refuse and Clean Tahoe, who are engaged with clean up, as well as for our Community Service Officers engaged in enforcement. In the short term, there will be a need for outreach to inform and educate the community of this change.

Financial Implications: This action will change the time of day that trash can be put at the curbside at no additional cost to the city. Enforcement will continue to be initiated via complaint.

Environmental Considerations: The proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption that CEQA does not apply to projects where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment), 15307 (actions by regulatory agencies for protection of natural resources), and 15308 (actions by regulatory agencies for protection of the environment).

At the April 5, 2022 a public comment was made and discussed questioning the possible negative unintended consequences of changing the time of day of putting trash out. In the interim, Staff reached out to California Department of Fish and Wildlife for feedback. CDFW took the position that the “lack of access to anthropogenic food resources would drive bears back to natural resources”, affirming the likely overall positive outcome of this ordinance.

Policy Implications: The proposed ordinance is consistent with the City’s adopted Climate Action Plan, specifically Actions CS-2 (Protect municipal watersheds and Lake Tahoe water quality). Additionally, this proposed action supports the City’s Strategic Plan 2021 – 2025, specifically Goal 3.4 (Waste Management and Stewardship), Action 2 (Implement strong enforcement policy that the “Tahoe Way” includes not littering in our community). 229
Ordinance 2022-XXX May 3, 2022 Page 1 of 2
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
May 3, 2022
An Ordinance Amending Section 4.150.210 (Placement of Residential Containers for Collection Purposes) of the South Lake Tahoe City Code to Require Better Trash Management

FINDINGS
A. Bears are attracted to improperly managed residential trash, which is an ongoing problem for bears and our residents.

B. Several years ago, City waste franchisee South Tahoe Refuse changed its operations to initiate service later in the mornings, at 7:00 a.m., to allow residents ample time to put trash at the curb at a reasonable hour on the morning of pickup.

C. Section 4.150.210 currently requires that residential trash containers be put out no earlier than 6:00 p.m. the night before trash pickup, and City Council has directed staff to bring back a code amendment to make this provision more stringent to reduce problematic bear encounters with residential trash.

D. On March 15, 2022, City Council adopted the Master Fee Schedule which includes an increased administrative citation amount of $150 for any violation of Chapter 4.150 (Refuse and Garbage), which would include violations of Section 4.150.210, as amended.

Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:

SECTION 1. Section 4.150.210 is hereby amended as follows:

Suitable containers for residential service, up to and including a fourplex, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, receptacles and plastic bags shall be placed for collection as follows:

A. Residential containers shall be placed at the property line adjacent to a public street no earlier than 6:00 a.m. on the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters.

B. Refuse company personnel shall be responsible for the return of containers to a location 20 feet back from the front property line.

C. During periods of heavy snow, customers shall provide a clear path for the return of containers to a point 20 feet from said property line.

D. Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by refuse company personnel, the city attorney, his/her designee, or the county health officer, shall be replaced by the customer with a suitable container. 230
Ordinance 2022-XXX May 3, 2022 Page 2 of 2
E. Shelter or housing for refuse receptacles as well as commercial dumpsters shall not be constructed or installed until approved by the city planning division.

SECTION 2. The City Council finds that adoption of the proposed Ordinance is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15061(b)(3) (common sense exemption that CEQA does not apply to projects where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because it is an action taken by the City in its regulatory capacity, as authorized by state law, to protect the environment.

SECTION 3. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 4. This Ordinance shall become effective 30 days after its passage.

Adopted by the City of South Lake Tahoe City Council on May 3, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Published:

Second Reading:

Effective:

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
231
Proposed amendment presented to South Lake Tahoe City Council on April 5, 2022
Redline:

4.150.210 Placement of residential containers for collection purposes.

A. Residential containers shall be placed at the property line adjacent to a public street no earlier than 6:00 a.m. 6:00 p.m. of the day prior to- on the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters.

B. Refuse company personnel shall be responsible for the return of containers to a location 20 feet back from the front property line.

C. During periods of heavy snow, customers shall provide a clear path for the return of containers to a point 20 feet from said property line.

E. Shelter or housing for refuse receptacles as well as commercial dumpsters shall not be constructed or installed until approved by the city planning division. (Ord. 744 § 1; Ord. 791 § 2; Ord. 921 § 1. Code 1997 § 23-14)
232

LEGAL PUBLICATION

CITY OF SOUTH LAKE TAHOE

Susan Blankenship
Susan Blankenship
City Clerk
City of South Lake Tahoe
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, Ca 96150
(530) 542-6005
233
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 6
Agenda Item: Ordinance - Military Equipment Use Policy (Second Reading) Executive Summary: This is the second reading of an ordinance approving a military equipment use policy for the Police Department. This ordinance was brought to City Council for first reading on April 5, 2022. This ordinance is required by California Assembly Bill 481 prior to funding, acquisition, and use of qualifying equipment by the Police Department.

Requested Action / Suggested Motions: Pass an Ordinance approving a military equipment use policy for the Police Department.

Responsible Staff Member: David Stevenson, Police Chief Responsible Staff Member: David Stevenson, Police Chief (530) 545-2765
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Military Equipment Use (Second Reading).docx 02 - Ordinance - Military Equipment Use.docx
03 - Policy (Attachment 03 to Ordinance).docx
04 - Equipment List (Attachment 04 to Ordinance).docx
05-Notice of Legal Publication- Military Equipment Use Policy.doc 234
Council Agenda Report May 3, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: May 3, 2022
Title: Ordinance – Military Equipment Use Policy - Second Reading Location: Police Department
Responsible Staff Member: Chief David Stevenson, (530) 545-2765 Background: California Assembly Bill 481 was passed on September 30, 2021 and is codified in Government Code sections 7070 through 7075. It requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance prior to the LEA funding, acquiring, continuing to use existing equipment, using any new military equipment, or allowing the use in the city of other LEA’s equipment. The South Lake Tahoe Police Department (SLTPD) brought a proposed Military Equipment Use Policy and ordinance to City Council on April 5, 2022 for a first reading and it was approved.

Issue and Discussion: The Police Department is bringing the proposed policy and ordinance back to City Council as required for the second reading and consideration for final adoption of the ordinance.

Financial Implications: There is no additional impact to the general fund. All military equipment maintenance and/or purchase costs are included in existing Police Department Budget.

Annual fiscal impact from equipment usage consists of the annual maintenance cost and parts replacement. Most of the equipment has little to no maintenance cost.

Environmental Considerations: This proposed ordinance and policy will regulate the use of qualifying equipment by SLTPD within the City of South Lake Tahoe.

It is not subject to the California Environmental Quality Act (CEQA) pursuant to section 1506(b)(3) of Title 14 of the California Code of Regulations, in there is no possibility that the implementation of this ordinance may have significant effects on the environment.

Policy Implications: If approved, this action will add South Lake Tahoe Police Department policy “706 Military Equipment” via ordinance and require the annual review and approval of the policy every year after by the City Council for as long as the equipment is in use. 235
Ordinance 2022-XX May 3, 2022 Page 1 of 6
Ordinance 2022-XX
Adopted by the City of South Lake Tahoe
City Council
May 3, 2022
Adoption of “Military Equipment” Use Policy

BACKGROUND
A. Assembly Bill 481: “Military Equipment: Funding, Acquisition, and Use” was passed by the State September 30, 2021.

B. AB 481 Requires the City Council review and approve by ordinance a publicly available “military equipment use policy” prior to the Police Department obtaining any new equipment and/or continued use of existing equipment.

C. AB 481 Requires the adoption of a military equipment use policy by ordinance by the City Council be made at a regular scheduled City Council meeting, and the proposed equipment policy be posted on the Police Department’s web page at least 30 days prior to the scheduled meeting. Staff posted the proposed policy on the Police Department’s web page on March 1, 2022.

Now, Therefore, the City Council of the City of South Lake Tahoe does ordain as follows:

SECTION 1 The South Lake Tahoe Police Department “Military Equipment Use” policy is hereby approved as designated in Attachments “03 Policy” and “04 Equipment List” attached hereto and incorporated by reference.

SECTION 2 The “military equipment” is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

SECTION 3 The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
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Ordinance 2022-XX May 3, 2022 Page 2 of 6
SECTION 4 Purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

SECTION 5 Prior military equipment use complied with the military equipment use policy that was in effect at the time.

SECTION 6 The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law, including being made publicly available on the Police Department’s website for as long as the military equipment is available for use.

SECTION 4 This ordinance shall become effective thirty (30) days after the date of its adoption.

Adopted by the City of South Lake Tahoe City Council on May 3, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:

Date:

Devin Middlebrook, Mayor
Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is true and correct copy as approved by the South Lake Tahoe City Council.

First Reading: April 5, 2022
Published:

Second Reading: May 3, 2022
Effective: June 2, 2022
237
Policy
706
Policy 706: Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The City Council for the City of South Lake Tahoe.

Military equipment – Includes but is not limited to the following:
 Unmanned, remotely piloted, powered aerial or ground vehicles.  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.  High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.  Tracked armored vehicles that provide ballistic protection to their occupants.  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
 Weaponized aircraft, vessels, or vehicles of any kind.  Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
 Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
 Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and ammunition of less than .50 caliber that are issued to officers.
 Any firearm or firearm accessory that is designed to launch explosive projectiles.  Noise-flash diversionary devices and explosive breaching tools.  Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.  TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
 Kinetic energy weapons and munitions.
 Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the South Lake Tahoe Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 COMPLIANCE, OVERSIGHT, AND SANCTIONS FOR VIOLATIONS The mechanism to ensure compliance with this policy is established by adoption of and adherence to this policy. The City Council has independent oversight authority of this policy as established herein. As applicable and legally enforceable, violations of this policy will be subject to sanctions as established in this policy and/or as described in existing South Lake Tahoe Police Department policy 340 “Standards of Conduct” and policy 340.5 “Causes for Discipline” (Government Code § 7070(d)(6)). 706.31 COMPLAINTS, CONCERNS, OR QUESTIONS
Members of the public may register complaints, concerns, or questions about the use of each specific type of military equipment directly to the Chief of Police by phone, email, or in person. The Chief of 238
Police (or their designee) shall respond to each complaint, concern, or question by phone, email, or in person in a timely manner. These contacts shall be documented in writing with a summary of the complaint, concern, or question and retained by the Chief of Police (or their designee) to be included in the annual report as described below (Government Code § 7072(a)(2)). 706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the South Lake Tahoe Police Department:

See attachment “03 – Equipment List” which is attached hereto and incorporated into this policy by reference.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department’s website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
a. Requesting military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of the City of South Lake Tahoe. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g. Acquiring military equipment through any means not provided by this paragraph.

Any final military equipment use policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use. 706.7 ANNUAL REPORT AND ORDINANCE RENEWAL
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use.

The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory.

The City Council shall review this military equipment use policy ordinance at least annually and vote on whether to renew the ordinance or not at a regularly scheduled City Council meeting. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the funding, acquisition, or use of military equipment.
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SLTPD Policy 706.4 Page 1 of 10
List of Qualifying Equipment
SLTPD Policy 706
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the South Lake Tahoe Police Department. 1 Unmanned, remotely piloted, powered aerial vehicles
A. Quantity Zero. (Included for mutual aid purposes)
B. Cost Varies by manufacturer.

C. General Description Unmanned, remotely controlled, video-equipped flying platforms.

D. Manufacturer’s Description Varies by manufacturer.

E. Capabilities & Purpose Drones perform various critical tasks. The most applicable to law enforcement operations is the ability to collect video from an elevated position, which is necessary to locate missing persons, gather information during a natural disaster or critical incident, locate evidence, and provide leaders with real-time information when facing a crisis. Drones can be used to gather information during floods, fires, earthquakes, etc. and there is no substitute for their capabilities in the air.

F. Authorized Use Only persons trained on the use of drones should operate this equipment. Use in a tactical situation would be established by a SWAT Team Leader or Incident Commander.

G. Expected Lifespan Varies by manufacturer.

H. Fiscal Impact Little to no maintenance cost.

I. Training Training would vary depending on the capability and model of the device.

J. Legal and Procedural Rules It is the policy of the SLTPD to use information-gathering devices such as drones only in a manner that respects the privacy of our community, adheres to state and federal law, and to aid in the successful resolution of a crisis.

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the City of South Lake Tahoe during a mutual aid event.
2 Unmanned, remotely piloted, powered ground vehicles – PakBot 510 and Avatar II A. Quantity 2.

B. Cost PakBot 510: $77,000 (acquired from military free of charge) Avatar II: $12,000.

C. General Description Unmanned, remotely controlled vehicles typically equipped with audio and/or video capability.

D. Manufacturer’s Description PakBot 510:
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SLTPD Policy 706.4 Page 2 of 10
The PakBot is a man-transportable robot that performs a variety of functions. The robot climbs most stairs, navigates narrow passages and relays real-time audio/video while the operator can remain at a safe distance. The PakBot arm lifts up to 40 lbs. It is deployable by a single person in less than two minutes.

Avatar II:

The Avatar II robot can be hand carried or transported inside a rucksack, and can be remotely operated, providing protection and safety to the operator. The Avatar has two cameras; one forwardfacing and one which rotates.

E. Capabilities & Purpose These robots allow situational intelligence including audio/video without exposing personnel to imminent risk, whether it be from a natural disaster or suspect(s). The robots are almost exclusively used by the SWAT team during high-risk missions to ensure the safety of officers, civilians and suspects. They allow operators to learn the location/appearance/etc of a suspect without risking an armed confrontation. The Avatar II has a two-way communications system which has been used to communicate with suspects, allowing officers to de-escalate situations and improves the team’s ability to negotiate. The PakBot has an articulable arm used for opening doors, moving objects or delivering items during a crisis.

F. Authorized Use Only persons trained on the Avatar II and PakBot should operate this equipment. Use in a tactical situation would be established by a SWAT Team Leader or Incident Commander.

G. Expected Lifespan 8-10 years for both robots.

H. Fiscal Impact Annual maintenance and battery replacement cost is about $1,000 for both robots.

I. Training All SWAT operators receive in-service training on the devices when appointed to the SWAT team.

J. Legal and Procedural Rules It is the policy of the SLTPD to use information-gathering devices such as robots only in a manner that respects the privacy of our community, adheres to state and federal law, and to aid in the successful resolution of a crisis.

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the city of South Lake Tahoe during a mutual aid event.
3 Armored Vehicles or Mine Resistant, Armor Protected vehicles - NaviStar International MaxxPro A. Quantity 1.

B. Cost $750,000, acquired from the military in 2013 free of charge with the exception of travel costs.

C. General Description Vehicles designed to protect occupants from gunfire and/or explosions.

D. Manufacturer’s Description The MaxxPro MRAP is an armored vehicle that seats 6-8 personnel and allows for rescue of injured or endangered persons. It can stop various projectiles, which provides for greater safety to citizens and officers beyond the protection of personally worn body armor. 241
SLTPD Policy 706.4 Page 3 of 10
E. Capabilities & Purpose This is the only vehicle in the department’s possession which stops large caliber gunfire and provides protection from explosives. It is the only vehicle capable of transporting officers or citizens safely through danger areas. This vehicle provides the ability for Crisis Negotiators and SWAT team members to safely approach, observe,
communicate and operate during high-risk assignments. Uses of this vehicle have included high-risk warrant service, armed suicidal subjects, and armed and barricaded felony dangerous suspects. It has also been used at many community engagement events.

There are no weapons attached to this vehicle. The top of the vehicle has a rotating, armored area that can be used as an elevated platform for negotiators and operators to more safely contact dangerous and armed suspects while attempting to de-escalate and resolve a crisis.

F. Authorized Use The use of armored vehicles shall only be authorized by an Incident Commander or SWAT team leader and based upon the specific circumstances of a given incident. Armored vehicles shall only be used by officers trained in their operation and in a manner consistent with department policy and training. This vehicle may be used at special and/or community engagement events with approval of the Chief of Police.

G. Expected Lifespan Approximately 25 years.

H. Fiscal Impact Annual maintenance cost of about $5,000. This vehicle is built on a common truck chassis and City Mechanics service it.

I. Training All SWAT operators receive formalized in-service training on this vehicle, its capabilities and limitations, and its appearance to the community when appointed to the SWAT team. Firefighters assigned to the SWAT team (with a Class B license) drive this vehicle unless it needs to be deployed during an emergency.

J. Legal and Procedural Rules It is the policy of the SLTPD to use armored vehicles only in a manner that protects the public’s welfare, safety, civil rights, and adheres to state and federal law, and to aid in the successful resolution of a crisis.

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the City of South Lake Tahoe during a mutual aid event.
4 High Mobility, Multi-Wheeled Vehicles (Hummers)
A. Quantity 2. (These vehicles are not operational and are being returned to the military)
B. Cost Approximately $120,000 per vehicle, both acquired free of charge from the military.

C. General Description A rugged, four-wheeled vehicle with all-terrain/off-road capabilities.

D. Manufacturer’s Description Varies by manufacturer and style. A Hummer is a four-wheeled vehicle that can be highly customized.
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E. Capabilities & Purpose Both Hummers were acquired for the SLTPD SWAT Team. They are not in use, as they were mechanically defunct.

One was outfitted as a medical vehicle to be used by SWAT paramedics in the event an officer, civilian or suspect is injured. It housed medical equipment and spare supplies such as radios and rural equipment so it could be deployed during extended-range missions where the team had little to no backup or support.

The second Hummer was intended for the Crisis Negotiation Team, as negotiators have no dedicated vehicle in which to operate or carry equipment (such as throw phones, PA systems, recording
equipment, etc) to communicate with a suspect during a crisis. This would have allowed negotiators a safe place to perform de-escalation efforts in a tactical environment.

Although the vehicles acquired by the SLTPD are being returned to the military, Hummers are a common SWAT vehicle and other surrounding agencies may have uniquely configured vehicles for specialized purposes. For example, Hummers can be outfitted with a Mobile Adjustable Ramp System (MARS) to rescue persons from second or third stories during an emergency.

F. Authorized Use These vehicles are not in use. Use in a tactical situation would have been established by a SWAT Team Leader or Incident Commander.

G. Expected Lifespan About 10-15 years.

H. Fiscal Impact Little to no maintenance cost.

I. Training Training would vary depending on the capability and model of the vehicle.

J. Legal and Procedural Rules It is the policy of the SLTPD to use SWAT vehicles only when licensed and while adhering to state and federal law.

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the City of South Lake Tahoe during a mutual aid event.
5 Command and Control Vehicles – 2006 Ford TC550 Box Truck Mobile Command Vehicle (MCV) A. Quantity 1.

B. Cost $159,684.

C. General Description A vehicle designed to house equipment and resources for the use of commanders to organize, oversee and address an incident.

D. Manufacturer’s Description Not available, as this vehicle was custom built. This vehicle is used as a mobile field office that provides shelter, access to Department computer systems, and food/water during extended events.

E. Capabilities & Purpose The MCV was purchased by the City through a grant in 2007. The MCV can be utilized for critical incidents, preplanned events, searching for missing persons, natural disasters and tactical operations.
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This vehicle houses a bank of radios and a CAD console for dispatchers. This vehicle facilitates a remote command post for various events such as SnowGlobe, widespread power outages, and Wild Fires (Like Caldor). It gives the SLTPD a redundant dispatch center during a crisis.

F. Authorized Use Only persons trained on the use of the MCV should operate this vehicle. Use in a tactical situation would be established by a SWAT Team Leader or Incident Commander. Typically, a dispatcher or supervisor drives the MCV to the command post during an event.

Situations in which the MCV would be authorized for use may include, but are not limited to, critical incidents, emergencies, natural disasters, tactical crises or community engagement events.

G. Expected Lifespan For the MCV, a 20 year lifespan on the chassis and vehicle structure.

Radios and IT systems occasionally need upgrades and software maintenance.

H. Fiscal Impact Annual maintenance cost is minimal.

I. Training All MCV drivers are licensed and become familiarized with the vehicle’s deployment capabilities before driving (including computers and radios).

J. Legal and Procedural Rules It is the policy of the SLTPD to use the Mobile Command Vehicle only in a manner that respects the privacy of our community, adheres to state and federal law, and to provide for the safety of our community.

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the city of South Lake Tahoe during a mutual aid event.
6 Battering rams, slugs and breaching apparatuses that are explosive in nature A. Quantity Zero.

B. Cost Not Applicable.

C. General Description Devices designed to defeat locking mechanisms and fortifications.

D. Manufacturer’s Description Varies based upon item.

E. Capabilities & Purpose The SLTPD has no items in this category. No SLTPD vehicles have affixed rams or breaching apparatuses. During complex and highrisk SWAT missions, however, the SWAT team has requested mutual aid from the Tahoe-Douglas Bomb Squad for breaching purposes.

Explosive breaching is a failsafe, rapid method for gaining access to a fortified or barricaded position. The method is important for certain high-risk events such as rescuing hostages or preventing complete barricading by a dangerous subject.

F. Authorized Use Explosive breaching is only used at the direction of the SWAT Team Leader or Incident Commander, with input from the Bomb Squad Commander, and only in specific circumstances.

G. Expected Lifespan Varies based upon item; not maintained by the SLTPD. 244
SLTPD Policy 706.4 Page 6 of 10
H. Fiscal Impact None.

I. Training These items are only deployed and utilized by trained EOD personnel with the Douglas County Bomb Squad.

J. Legal and Procedural Rules Breaching shall only be performed in a manner consistent with state and federal law.

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the City of South Lake Tahoe during a mutual aid event.
7 Distractionary Devices (“Flashbang” grenades)
A. Quantity 36.

B. Cost $25 per device.

C. General Description Devices which deflagrate to produce a flash of light and loud, concussive noise.

D. Manufacturer’s Description A non-bursting, non-fragmenting multi-use device that produces a thunderous bang with an intense bright light. Ideal for distracting and disorienting dangerous suspects during assaults, hostage rescue, room entry or other high-risk situations. At 5 feet away, these devices create a sound at 162 decibels (for reference, fireworks are 140 decibels).

E. Capabilities & Purpose A distraction device is an important tool for distracting suspects during assaults, hostage rescue, room entry and other high-risk situations. The SWAT team has also used these devices to deter aggressive animals and prevent use of force. These devices produce a short term (4-8 second) period of disorientation to the suspect, which facilitates the safe entry of SWAT personnel into a dangerous situation. These devices do not explode or create shrapnel, nor are they designed to wound or hurt a subject. They can create an opportunity for officers to use less-lethal options rather than lethal force.

F. Authorized Use Diversionary Devices shall only be used:
 By SWAT personnel who have been trained on their use
 In tactical situations
 In situations where there may be extreme risk to officers  In situations where their use would enhance officer safety or the safety of the public
 Addressing potentially dangerous animals
 During demonstrations or community outreach events
G. Expected Lifespan Until used.

H. Fiscal Impact No annual maintenance. The SWAT Team maintains a minimum inventory of 30 distractionary devices to maintain readiness for a response to a crisis.

I. Training Prior to use, officers must attend a diversionary device training conducted by POST-certified instructors.
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J. Legal and Procedural Rules It is the policy of the SLTPD that only SWAT operators use distractionary devices, and they must be used in a manner consistent with state and federal law.

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the City of South Lake Tahoe during a mutual aid event.
8 Chemical Agents and Smoke canisters
A. Quantity 7 DefTec Flameless Tri-Chamber CS.
20 DefTec Flameless Expulsion CS.
18 DefTec Flameless Expulsion OC.
20 DefTec Maximum HC Smoke.

Because inventory varies depending on operational and training use, a minimum inventory is maintained of 20 canisters of each type.

B. Cost DefTec Flameless Tri-Chamber CS - $45 per canister.

DefTec Flameless Expulsion CS - $48 per canister.

DefTec Flameless Expulsion OC - $49 per canister.

DefTec Maximum HC Smoke - $38 per canister.

C. General Description Canisters designed to deliver a payload of chemical agent for a variety of less-lethal situations.

D. Manufacturer’s Description DefTec #1032 Flameless Tri-Chamber CS canister:

The design of the Tri-Chamber Canister allows the canister to burn within an internal can and disperse the chemical agent safely with reduced risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject.

This canister will deliver approximately 0.7 oz of agent during its 20- 30 second burn time. The Tri-Chamber Flameless Canister can be used in crowd control as well as tactical situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. The purpose of the Tri-Chamber Flameless Canister is to minimize the risk to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Canister offers the option of delivering a pyrotechnic chemical device indoors, while minimizing or negating the chance of fire to the structure.

DefTec #1082 Flameless Expulsion CS canister:

The CS Flameless Expulsion Canister is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical canisters, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This canister is 7.5 inches by 1.65 inches and delivers approximately 0.16 oz of active agent during its 3-second discharge time.

DefTec #2040 Flameless Expulsion OC canister:

The OC Flameless Expulsion Canister is a compact, nonpyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical canisters, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This canister is 7.5 inches by 1.65 246
SLTPD Policy 706.4 Page 8 of 10
inches and delivers approximately 0.16 oz of active agent during its 3-second discharge time.

DefTec #1069 Maximum HC Smoke canister:

The Military-Style Maximum Smoke canister comes from the Defense Technology #3 smoke canister. It is a slow burning, high volume, continuous discharge canister designed for outdoor use in crowd management situations. Emits red or yellow smoke for
approximately 1.5 to 2 minutes.

E. Capabilities & Purpose The department maintains a cache of chemical agents to be used in various tactical situations. These are one of many various less-lethal options that the SWAT team employs. While these agents are referred to as gasses, they are actually dispersed particulates similar to powder or smoke. These are used mainly to dislodge dangerous subjects from barricaded positions and are the second most common reason for suspect surrender in the SLTPD SWAT team’s history (the first reason being long-term, tactical negotiations). The munitions listed below are launched as a projectile; the munitions listed in this section are hand-delivered canisters.

F. Authorized Use Situations for use of the less lethal weapons systems may include, but are not limited, to:
 Dangerous or combative individuals
 Riots, civil unrest, hostile crowds
 Circumstances where a tactical advantage can be obtained  Potentially dangerous animals
 Situations where the use of less lethal weapons may limit escalation or prevent use of deadly force
 Training exercises or community outreach events
G. Expected Lifespan 5 years from manufacture date.

H. Fiscal Impact Little to no maintenance cost.

I. Training Sworn members utilizing chemical agents are trained in their use by POST-certified less-lethal instructors.

J. Legal and Procedural Rules Use of these items is established under SWAT policy, as well as SLTPD Policy 300 et seq, various Use of Force state laws and federal laws. They are used only for official law enforcement purposes (including public demonstrations and educational purposes).

K. Mutual Aid Qualifying equipment in this category used by other agencies that are providing mutual aid to this department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective AB 481 policy. By adopting this policy, these items are approved for use in the City of South Lake Tahoe during a mutual aid event.
9 40mm Launchers and Rounds
A. Quantity 2 DefTec LMT single-shot launchers.
1 MilKor Multi-launcher.
50 Exact Impact rounds.
25 Liquid Barricade rounds.
14 Spede-Heat rounds.
16 Skat Shell rounds.

Because inventory varies depending on operational and training use, a minimum inventory is maintained of 30 rounds of each type. 247
SLTPD Policy 706.4 Page 9 of 10
B. Cost DefTec launchers: $1,000 per launcher.

MilKor multi-launcher: $4,265.

Exact Impact rounds: $18 per round.

Liquid barricade rounds: $23 per round.

Spede-Heat rounds: $30 per round.

Skat-Shell rounds: $28 per round.

C. General Description 40mm Launcher: A class of devices designed to launch rounds 40mm in diameter
40mm Round: A class of low-velocity rounds designed for use in less-lethal situations
D. Manufacturer’s Description DefTec launcher:

The 40mm Single-Shot launcher is a single-shot launcher that features an expandable stock and a light rail. It will fire standard 40mm less lethal munitions up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round to varied distances and is only authorized to be used by approved and trained personnel.

MilKor M32A1 40mm multi-launcher:

The M32A1 is a handheld, gas plug operating, semi-automatic, revolving action, 40mm multi-shot grenade launcher (MSGL). The MilKor, USA 40mm MSGL is the highest quality, safest and most high performing 40mm MSGL on the market domestically and
internationally.

DefTec #6325 Exact Impact Sponge round:

A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm canister launcher with a rifled barrel at 325 fps. The 30-gram foam projectile delivers 120 ft/lbs of energy upon impact. The 40mm Exact Impact sponge round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

DefTec #2260 Ferret Liquid Barricade round:

A less-lethal 40mm round designed to penetrate barriers such as windows, hollow-core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside a structure or vehicle. In a tactical deployment situation, the 40mm ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.

DefTec #6182 Spede-Heat CS Short Range round:

The Spede-Heat CS short-range munition delivers one chemical canister of CS agent from a 40mm launcher up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede-Heat family may be used to conceal tactical movement or to route a crowd.

DefTec #6172 Skat-Shell CS round:

The Skat-Shell round is a 40mm round designed to deliver multiple canisters of a chemical agent from a 40mm launcher. It is designed for outdoor use and has fire-producing capabilities with a maximum range of 80-100 yards. The Skat-Shell is widely used as a crowd 248
SLTPD Policy 706.4 Page 10 of 10
management tool for the rapid and broad deployment of a chemical agent by a singer grenadier. The Skat-Shell contains four separate and smaller munitions.

E. Capabilities & Purpose The department maintains a cache of chemical agents to be used in various tactical situations. These are one of many various less-lethal options that the SWAT team employs. While these agents are referred to as gasses, they are actually dispersed particulates similar to powder or smoke. These are used mainly to dislodge dangerous subjects from barricaded positions and are the second most common reason for suspect surrender in the SLTPD SWAT team’s history (the first reason being long-term, tactical negotiations). The munitions listed here are launched as a projectile; the munitions listed in the previous section are hand-delivered.

Rounds: 5 years from manufacture date.

H. Fiscal Impact Little to no maintenance cost.

I. Training Sworn members utilizing 40mm less lethal chemical agents or impact rounds are trained in their use by POST-certified less-lethal instructors.

LEGAL PUBLICATION

CITY OF SOUTH LAKE TAHOE

SUMMARY OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on April 5, 2022, the City of South Lake Tahoe City Council waived first reading, read by title and referred to second reading and adoption at the May 3, 2022, City Council meeting the following ordinance:
“Adoption of ‘Military Equipment’ Use Policy”
City Attorney’s Summary of Ordinance:
“This ordinance adopts a ‘military equipment’ use policy as required by California Assembly Bill 481 (2021). In accordance with AB 481, the ordinance determines that the military equipment which is listed, including two unmanned, remotely powered ground vehicles, a mine resistant armor protected vehicle, a command and control vehicle, distractionary devices, chemical agents/smoke canisters, and 2 40mm launchers and rounds, are necessary for use by the South Lake Tahoe Police Department because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.”
A copy of the proposed ordinance in its entirety is available for review in the City Clerk’s Office located at 1901 Lisa Maloff Way, South Lake Tahoe, California. To receive an electronic copy, contact the City Clerk at [email protected] Susan Blankenship
Susan Blankenship
City Clerk
City of South Lake Tahoe
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, Ca 96150
(530) 542-6005
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 7
Agenda Item: Professional Services Agreement with Black Eagle Consulting, Inc. for On-Call Construction Materials Testing and Inspection Assistance Services Executive Summary: City Council will consider awarding a professional services agreement to Black Eagle Consulting, Inc. Carson City, NV, to provide on call construction support services for City projects for the 2022-2024 construction seasons.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Black Eagle Consulting, Inc. for On-Call Construction Materials Testing and Inspection Assistance Services in an amount not to exceed $143,315 .

Responsible Staff Members: Mark Frisina, Resident Engineer, and Randy Carlson, Associate Civil Engineer
Responsible Staff Member: Mark Frisina, Resident Engineer, (530) 307-9607 and Randy Carlson, Associate Civil Engineer, (530) 542-6033
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Materials Testing and Inspection Assistance.docx 02-PSA Black Eagle Consulting
03-Black Eagle Consulting Proposal
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Council Agenda Report- May 3, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: May 3, 2022
Title: Professional Services Agreement for On-Call Construction Materials Field/Laboratory Testing and Inspection Assistance Services
Location: Citywide
Responsible Staff Members: Mark Frisina, Resident Engineer (530) 307-9607 Randy Carlson, Associate Civil Engineer (530) 542-6033
Background: The Public Works Department routinely builds Erosion Control, Complete Streets, and Roadway Rehabilitation construction projects throughout the City. As a part of Public Works construction contracts, the City must ensure that that all construction methods and construction materials incorporated in and on a project are constructed and installed per the approved project plans, specifications, and all applicable codes. A major part of this process is the necessary utilization of a Materials Testing Laboratory to assist the City in assuring that all final materials incorporated into all City projects meet or exceed the requirements set forth in the plans and specifications of each individual project. The City is required and can only perform this necessary function with the assistance of a consulting firm with a certified materials laboratory through each season’s projects.

The City has an aggressive three-year construction season plan that, at this time, includes seven individual projects with several projects slated to run semi-concurrently. The City’s Resident Engineer has been tasked to oversee the construction of all seven projects over the three-year construction season. As a part of the Inspection, Testing, and materials laboratory support process, the City’s Resident Engineer may require assistance with on-site/field observation duties to ensure each project is staffed properly during construction operations.

Issue and Discussion: On February 18, 2022, the Public Works Department advertised a Request for Proposals (RFP) for an on-call Material Testing and Inspection Firm that will assist the City’s Resident Engineer through each of the three seasonal construction processes from 2022 through 2024. The RFP was advertised for four weeks, on the Planet Bid. 519 vendors were notified and 30 firms registered and downloaded the RFP. The city received three proposals.

Table A below lists the firms that submitted qualifications.

Firm Location
1 Black Eagle Consulting Carson City, NV
2 Lumos & Associates Carson City, NV
3 Construction Materials Engineers Reno, NV
Table A – Firms submitting Proposals
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Council Agenda Report- May 3, 2022 Page 2 of 3
All submittals received were distributed to four members of the evaluation team: Finance Department, Public Works, and Southwest Gas. Each one of the team members independently evaluated, then numerically scored each proposal based on criteria outlined in the RFP. The scores of the evaluators were then added to achieve a cumulative score which provided the ranking.

Table B below lists the scoring/rank.

Rank Firm Cumulative Score
1 Black Eagle Consulting 361
2 Lumos & Associates 298
3 Construction Materials Engineers 249
Table B – Cumulative Score and Rank
Upon review and scoring of the proposal submitted subsequent discussion, staff has determined Black Eagle Consulting, Inc. is capable and effectively understands the scope of work required to provide the services needed for the project as specified by the city. See Attachment 02 – Proposal.

The City typically enters multiple construction contracts each year that require contractors to construct each project in accordance with the approved plans and specifications. The City is responsible for ensuring that each of the seven projects are represented with Field and Laboratory Observation and testing to ensure all projects meet or exceed the construction standards and practices.

The proposed agreement with Black Eagle Consulting, Inc. for an on-call Materials Testing and Inspection Assistance Technician and Materials Testing Laboratory will allow the City to retain the professional services of a consultant that would assist the City’s Resident Engineer with these requirements on behalf of the City. The proposed contract would remain active for a three-year period. It will allow the City to issue a work order for each upcoming construction season, rather than issue a new RFP and offer a new contract for each individual construction project. This will expedite part of the construction management process for the Public Works Department. Over the next three years, Public Works expects to construct the following projects and will utilize these services under this PSA:

1. Lake Tahoe Boulevard Class I Bicycle Trail Project

2. Tahoe Valley Greenbelt Stormwater Improvement Project, Phase I and Phase II

3. Annual Road Rehabilitation Project 2022

4. Barton and 2nd Street Drainage Improvement Project

5. Annual Road Rehabilitation Project 2023

6. Pioneer Trail Pedestrian Improvement Project Phase II

7. Annual Road Rehabilitation Project 2024
Financial Implications: Black Eagle Consulting, Inc. has proposed a cost schedule as outlined in the PSA in the total amount not to exceed $143,315. The Public Works Department proposes to initially fund this PSA with funds from account 301-50005-48030, the Road Overlay Program account. This account was selected because it will utilize this contract more than any of the other proposed construction projects. However, this account will not ultimately fund all the proposed projects. Each construction project will pay for their portion of the 253
Council Agenda Report- May 3, 2022 Page 3 of 3
services used as their funds become available, which is expected to be at the time of construction.

Environmental Considerations: There are no environmental considerations specific to retaining the services of an on-call Materials Testing and Inspection Firm. Each construction project that the Public Works Department will assign this consultant to assist the City’s Resident Engineer on has already complied with CEQA, NEPA, or TRPA environmental requirements, as applicable to each project.

Policy Implications: Retaining the services of an on-call Materials Testing and Inspection Firm will allow the City to expedite in-house construction oversite activities. The consultant will also help ensure that each project is constructed according to the project plans and specifications.
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 3rd day of May 2022 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Black Eagle Consulting, Inc. (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.

The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 3 years. 255

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $143,315.00 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 256
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 257
maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
258
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 259
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 260
at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 262
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Black Eagle Consulting, Inc
Shaun Smith, PE
4010 Technology Way, Suite D
Carson City, NV 89706
Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, 263
Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s 264
Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or 265
subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

31. Time is of the Essence. Time is of the essence for this Agreement.

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
266
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ Devin Middlebrook, Mayor Shaun Smith, President
Date __________________________ Date _____________________________

Business License # 321632
APPROVED AS TO FORM:

By____________________________ Date ________________________________ City Attorney
ATTEST:

By______________________________ Date ________________________________ City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
267

EXHIBIT A

SCOPE OF SERVICES
268
269

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
270
BUDGET
Estimated fees (not to exceed) $143,315.00
Travel and out-of-pocket expenses $0.00
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $143,315.00

TIMELINE
Work will be completed as a part of the 2022, 2023 and 2024 Construction Seasons Project.

Consultant will be notified of all work within 24‐48 hours of when they are needed onsite to facilitate scheduling. Contract is expected to be completed by 5/2/2025.

271
BLACK EAGLE CONSULTING, INC.

SLT; On-Call MT & Inspection Assistance

ALL-INCLUSIVE PREVAILING WAGE RATES
The following lists a schedule of fees associated with engineering, materials testing, and construction testing and inspection support services. For projects lasting less than 4 weeks, invoices will be submitted upon project completion, while monthly invoices will be submitted for projects that last longer than 4 weeks. Overtime is defined as any hour of service provided in excess of 40 hours in a single week or any hour of service provided on a Saturday or Sunday. Any overtime work will be invoiced at time and one-quarter. Double time is defined as any hour of service provided on a holiday. Any double time work will be invoiced at double time.

SUPPORT SERVICE RATE/HOUR
President $175.00
Vice President $175.00
Senior Consultant $175.00
ENGINEERING:

Division Manager $165.00
Project Manager $135.00
Project Engineer/Geologist $125.00
Engineering Technician $ 95.00
Drafting $ 80.00
MATERIALS TESTING:

Division Manager $145.00
Senior Materials Technician $100.00
Materials Technician $ 87.00
Materials Technician Trainee $ 75.00

PREVAILING WAGE
CONSTRUCTION TESTING AND INSPECTION:

Division Manager $155.00
Project Manager $135.00
Field Manager/Assistant Project Manager $110.00
ICC Special Inspector $ 98.00 $160.00**
Senior Inspector $ 95.00 $160.00**
Inspector/Tester $ 90.00 $160.00**
TRAVEL AND EQUIPMENT:

Vehicle $ 8.00 $0.00**
Mileage $ 1.00/mile $0.00**
Per Diem P.O.R.*
Nuclear Densometer $ 10.00 $0.00**
Coring Machine $ 50.00 $0.00**
Pachometer $ 20.00 $0.00**
Torque Wrench $ 20.00 $0.00**
Skidmore-Wilhelm Bolt Tension $ 20.00 $0.00**
Ultrasonic Equipment $ 25.00 $0.00**
Thickness Gauge $ 20.00 $0.00**
Schmidt Hammer $ 15.00 $0.00**
Vane Shear $ 15.00 $0.00**
HERZ $ 65.00 $0.00**
ReMi Geophysical $600.00/day
Crosshole Sonic Logging $500.00/day
Floor Flatness Equipment + Labor $200.00/Hour
CLERICAL:

Clerical/Word Processor $ 75.00
Computer $ 0.00
Supplies Cost + 10%
Copying $ 0.20/page
Color Copies: 8-1/2" x 11" $ 0.50/page
Color Copies: 11" x 17" $ 2.00/page
OUTSIDE SERVICES: Cost + 10%
272
BLACK EAGLE CONSULTING, INC.

SLT; On-Call MT & Inspection Assistance

ALL-INCLUSIVE PREVAILING WAGE RATES

TESTS UNIT PRICE
SOILS TESTING:

Moisture Content (ASTM D 2216) $ 25.00/test
Moisture Content and Dry Density (ASTM D 2937) $ 50.00/test Atterberg Limit (ASTM D 4318) $100.00/test
Minus 200 Wash (ASTM D 1140) $ 80.00/test
Standard Sieve Analysis $110.00/test
Hydrometer Analysis minus No. 10 (ASTM D 422) $225.00/test Soil Specific Gravity (ASTM D 854) $ 95.00/test
R-Value, Untreated Field Sample (ASTM D 2844) $300.00/test  ¾” Batching add $ 35.00/test
Consolidation, 4 points & 1 Rebound Point (ASTM D 2435) $350.00/test Direct Shear, UU, CU, CD (ASTM D 3080) $350.00/test
Unconfined Compression (ASTM D 2166) $100.00/test
Durability Index $150.00/test
California Bearing Ratio $700.00/test
Resistivity (Miller Soil Box) $100.00/test
Standard Proctor Compaction (ASTM D 698)
Method A or B (4-inch mold) or Method C (6-inch mold) $175.00/test Modified Proctor Compaction (ASTM D 1557)
Method A or B (4-inch mold) or Method C (6-inch mold) $185.00/test Compaction Check Point (4-inch or 6-inch mold) $ 60.00/test Rock Correction (ASTM D 4718) $ 95.00/test
Harvard Miniature (Nev T-101) $250.00/test
Expansion Index $180.00/test
AGGREGATE TESTING:

Standard Sieve Analysis $110.00/test
Atterberg Limit (ASTM D 4318) $100.00/test
Moisture Content (ASTM D 2216) $ 25.00/test
Specific Gravity Fine Aggregate with Absorption (ASTM C 128) $ 95.00/test Specific Gravity Coarse Aggregate with Absorption (ASTM C 127) $ 95.00/test Clay Lumps and Friable Particles (ASTM C 142) $ 90.00/test Flat and Elongated Particles (CRD 119, 120) $ 80.00/test Fractured Faces (Nev T-230) $ 80.00/test
Sand Equivalent (ASTM D 2419) $125.00/test
Cleanness Test of Aggregate $125.00/test
Organic Impurities (ASTM C 40) $ 75.00/test
Dry Unit Weight of Aggregate (ASTM C 29) $ 60.00/test
Sodium Soundness of Aggregate (ASTM C 88) $ 95.00/fraction Los Angeles Rattler, 1.5 inch minus aggregate size (ASTM C 131) and Los Angeles Rattler, greater than 1.5-inch aggregate size (ASTM C 535) $300.00/test PORTLAND CEMENT TESTING:

Compression of Concrete Cylinder (ASTM C 39) $ 25.00/ea.

Compression of Grout Cylinder (UBC 24-28) $ 25.00/ea.

Compression of Mortar Cylinder (UBC 24-22) $ 25.00/ea.

Compression of Cored Concrete (ASTM C 42) $ 50.00/ea.

Compression of Shotcrete per Core $100.00/ea.

Flexural Strength of Concrete Beams (ASTM C 78, C 293) $100.00/ea.

Splitting Tensile Strength of Concrete Cylinder (ASTM C 496) $ 55.00/ea. 273
BLACK EAGLE CONSULTING, INC.

SLT; On-Call MT & Inspection Assistance

ALL-INCLUSIVE PREVAILING WAGE RATES
MASONRY TESTING:

Compression of Masonry Unit (ASTM C 140) (Set of 3) $210.00/set Compression of Masonry Prism (ASTM C 1314) $150.00/ea.

Shrinkage (Set of 3) $450.00/set
Moisture (Set of 3) $120.00/set
ASPHALT CONCRETE TESTING:

Bitumen Content by Ignition $120.00/test
Asphalt Gradation $100.00/test
Marshall Stability and Flow, Compaction and Unit Weight (ASTM D 1559) $230.00/test Maximum Theoretical Specific Gravity (ASTM D 2041) $100.00/test Unit Weight of Asphalt Cores (ASTM D 2726) $ 40.00/ea.

Hveem Compaction and Stability $130.00/ea.

Hot Mix Asphalt Mix Design P.O.R.*
CTB Mix Design P.O.R.*
MISCELLANEOUS:

Mobile Asphalt/Soils Testing Laboratory P.O.R.*
Special Handling $ 75.00/hour
Rush Charge 50% Additional Charge
Fireproofing $ 75.00/test

ADDITIONAL

INFORMATION
Laboratory test unit prices are based upon the average running time required for each test. Special research, sample or equipment preparation or laboratory consulting will be based upon hourly personnel charges. Fixed unit prices do not include extra preparation time for large bulk samples, saturated samples or extremely clayey samples. This time will be invoiced on a per-hour basis. Special report preparation and data presentation beyond industry standards will also be invoiced on a per-hour basis. Cost estimates for hourly charges will be provided on a project-specific basis upon request.

Any specialized testing not covered by this fee schedule will be developed or subcontracted out under Black Eagle Consulting, Inc. supervision. Costs for these tests will be time-and-materials. When applicable, subcontractors’ fees will be invoiced at cost plus ten (10) percent.

All samples will be discarded thirty (30) days after submission of our report, unless otherwise directed by the client. Upon request, Black Eagle Consulting, Inc. will deliver samples to the client, shipping collect on delivery, or will store them for an agreed charge.
* Price on request
** A flat all-inclusive Prevailing Wage Rate including inspector/tester, vehicle, and equipment. 2022-PW
274

EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

The undersigned certifies, to the best of his or her knowledge or belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Consultant: Black Eagle Consulting, Inc.

Shaun Smith, President
By:________________________________________
275

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/28/2022
Edgewood Partners Insurance Center
P.O Box 2110
Rancho Cordova CA 95670
Amanda Cotton 775-954-0409 775-313-9653 [email protected] Continental Casualty Company 20443 BLACKEAGL Travelers Prop Casualty Co of America 25674 Black Eagle Consulting, Inc.
1345 Capital Blvd., Suite A
Reno NV 89502
The Phoenix Insurance Company 25623 Employers Preferred Insurance Company 10346 1648367923 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X
6801J553541 6/1/2021 6/1/2022
2,000,000
C
1,000,000 X
BA8R307231 6/1/2021 6/1/2022
B X X
CUP7132Y64A 6/1/2021 6/1/2022
5,000,000 5,000,000 X
10,000
D EIG291252802 10/16/2021 10/16/2022
X
1,000,000 1,000,000 1,000,000
A Professional Liability
Claims Made
Pollution Incident Liability
MCH288263279 3/22/2021 3/22/2022 Each Claim
Aggregate
Deductible
$2,000,000
$4,000,000
$30,000
**Pollution Incident Liability Insurance is a shared limit with the Professional Liability limit** Re: All Contracts/Written Agreements between the Certificate Holder and the Insured. Additional Insured: City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents and volunteers. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements. Notice of cancellation to the certificate holder applies per the attached endorsement. City of South Lake Tahoe 1740 D Street
South Lake Tahoe CA 96150 276
6801J553541
277
278
279
280
281
282
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective
Policy No.

Issued to Endorsement No.

Premium
By:

Carrier Code
(Ed. 4-84)
Authorized Representative
Countersigned at on
at 12:01 AM standard time, forms a part of
Of the
WC 00 03 13
© 1983 National Council on Compensation Insurance.

Schedule
With respect to all employees subject to the workers' compensation laws of the state of NEVADA, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 10/16/2021
EIG 2912528 02
BLACK EAGLE CONSULTING, INC.

EMPLOYERS PREFERRED INS. CO.
31283
283
6801J553541 06/01/2021
284
6801J553541
06/01/2021
285
286
Mark Frisina, Resident Engineer/Resident Inspector March 21, 2021 Public Works Department
1901 Lisa Maloff Way
South Lake Tahoe, California 96150
[email protected]
1345 Capital Blvd., Suite A Tel: 775/359-6600 Fax: 775/359-7766 i Reno, Nevada 89502 Email: [email protected] Proposal
22-30150005
RFP #1

MESSAGE FROM OUR PRESIDENT
Dear Mr. Frisina:

As president of Black Eagle Consulting, Inc. (BEC), I am pleased to submit this Request for Proposal (RFP) to provide on-call construction materials testing, inspection assistance, and laboratory services to the City of South Lake Tahoe (City) for the 2022-2024 Construction Season. Our President assigned as this Project’s Engineer, Mr. Shaun Smith, P.E., LEED AP, and our Division Manager assigned as this Project’s Manager, Mr. Tyler Hough, are fully committed to this project. Mr. Smith and Mr. Hough will not be removed from this project without prior approval by the City’s Resident Engineer. Since our inception in 1997, BEC has provided unmatched geotechnical engineering, materials testing, and inspection services to eastern California and northern Nevada. As a company, we are dedicated to our core values: Quality - Integrity - Accountability. These words create the foundation for all of the services that we provide.

Quality: A high level of value and degree of excellence.

At BEC, quality is achieved by providing vastly experienced and certified personnel to our clients. Each design/construction project is created of multiple complex phases. We carefully review the project schedule, break down each project phase, and assign the most qualified individuals to each critical path item. As you review our organizational chart and resumes of key personnel, you will see our depth and breadth of qualifications.

Integrity: Firm adherence to a code.

In the specialized world of engineering, inspection and testing integrity is imperative. Owners, operators, architects, engineers, contractors and the public rely on us to provide unbiased design and construction services that ensure practical, efficient and safe projects. As engineers, construction managers, inspectors, and testers, it is our job to analyze, verify, document, and communicate that the project guidelines are being followed and projects are built per the plans and specifications.

Accountability: An obligation or willingness to accept responsibility for one's actions.

As individual members of a larger team, BEC understands the importance of accountability. We strive to provide responsible, accurate and reliable services to our clients. However, in the unlikely event that an unacceptable action or error occurs, we will accept responsibility and do our best to quickly resolve the situation.

As a company, we are extremely interested in continuing our wonderful relationship with the City on upcoming construction projects. We are committed to support the City Engineering Department’s vision of “safeguarding life, health, property, and public welfare through review, design, bid, and construction of public improvement projects.” Our goal is to provide the requested on-call materials testing and construction inspection services necessary to successfully deliver outstanding projects on time and on budget. The City has been a fantastic partner throughout our 25-year history; we enjoy working with the public works team to help produce a safe and sustainable City.

Thank you for the opportunity to submit this RFP. We look forward to the possibility of working with you again soon.

Sincerely,
Black Eagle Consulting, Inc.

Shaun A. Smith, P.E., LEED AP
President; Assigned Project Engineer
SAS:TH/ajd/clf
Attachment: Statement of Qualifications (SOQ)
Copies to: Addressee (via email and Dropbox link)
287
Mark Frisina, Resident Engineer/Resident Inspector March 21, 2021 Public Works Department
1901 Lisa Maloff Way
South Lake Tahoe, California 96150
[email protected]
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 ii Carson City, Nevada 89706 Email: [email protected] Proposal
22-30150005
RFP #1

MESSAGE FROM THE ASSIGNED PROJECT MANAGER
Greetings Mark Frisina:

Black Eagle Consulting, Inc.’s Carson City, Nevada division is beyond ecstatic to submit this RFP to our neighbor the City. As Division Manager, I am writing with the purpose to provide insight regarding our team and capabilities assigned to this project. Our technical knowledge and expertise provide our team the confidence to support the safety and success of our clients’ projects while enriching community development as a whole.

Similar to our Reno headquarters, our Carson City materials testing laboratory is fully equipped and prepared to consistently distribute written test results as well as immediately report verbal results as warranty for continual construction progress. Due to the resourceful dynamics of our division, our team is prepared to adapt and overcome potentially unanticipated construction circumstances; we understand the importance of our success as a whole is interdependent upon thriving individual team members, from technicians to administration.

As described by our President, we are highly motivated to demonstrate our core values by producing our best work product, testing results, and field reports to the City during the 2022-2024 construction season. Of upmost importance, is completing the City’s projects safely and within projected budget and construction schedules. We are dedicated to reconstructing and rebuilding the City for the betterment of all who enjoy the Alpine Treasure.

Echoing our President, we thank you for the opportunity to continue our professional and mutually beneficial partnership with the City. Please enjoy this RFP.

Thank you for your time and consideration,
Black Eagle Consulting, Inc.

Tyler Hough
Division Manager; Assigned Project Manager
288
Table of Contents
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 iii Carson City, Nevada 89706 Email: [email protected] T
1) Project Team and Project Experience.........................................1 2) Project Approach and Understanding .........................................8 3) Preliminary Budget....................................................................12 Appendices
A - Resumes
B - Licenses and Certifications
C - Certificate of Insurance
D - Professional Service Agreement
289
On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 1 Carson City, Nevada 89706 Email: [email protected] 1) Project Team and Project Experience
For the past 25 years, BEC provided geotechnical engineering, laboratory/field materials testing, and inspection services to eastern California and northern Nevada. Our technicians and personnel reside locally (e.g., Carson City, Douglas County, and Reno) and have worked together for decades. Our team is a conglomerate of licensed professional civil and geological engineers, geologists, construction engineers, International Code Council (ICC) certified inspectors, and Nevada Alliance for Quality Transportation Construction (NAQTC) and American Concrete Institute (ACI) certified materials testers. Our laboratories are American Association of State Highway and Transportation Officials (AASHTO), Cement Concrete Reference Lab (CCRL), American Society for Testing and Materials (ASTM), and AASHTO Materials Reference Laboratory (AMRL) accredited and properly equipped (see Appendix B).

We are knowledgeable in all aspects of roadway and highway design, construction, inspections, and materials testing to include but not limited to asphalt concrete (AC) rehabilitation and complex public works infrastructure projects. All of our employees are safely equipped with identifiable BEC vehicles, personal protection equipment, and materials testing equipment. While BEC’s resources are sufficient to safely and successfully complete multiple large projects simultaneously; we know customer service and satisfaction is of upmost importance to our and our clients’ success. Tyler Hough, the Assigned Project Manager, and his team are committed to succeeding at construction project milestones, responsive communication, personally attending meetings, and flexibility in order to prioritize site visits whenever the opportunity arises. Provided below are brief biographies of key personnel including their qualifications to service the City. Please note, a combination of all of BEC’s personnel will be available during construction to support the City (see Organization chart p.4).

Mr. Shaun Smith, P.E., LEED AP – BEC President: Mr. Smith will be the Assigned Project Engineer and Principal in Charge; he will not be removed from this project without prior approval by the City’s Resident Engineer. Mr. Smith possesses a Bachelor’s of Science (BS) in Engineering Sciences from Montana Tech and is a licensed Professional Civil Engineer in California (License No.: C-71219) and Nevada (License No.:015819) with over 25 years of design inspection and project management experience in the region. His background and work experience include civil engineering design and laboratory and field testing/inspections, and project management. Mr. Smith possesses a wealth of construction knowledge working with both public and private sector clients, including federally funded projects. It is his responsibility to assure that projects are completed within budget and schedule as well as to the highest quality and accuracy standards.

Mr. Tyler Hough, NAQTC/ACI/ICC – Carson City Division Manager: Mr. Hough will be the Assigned Project Manager and the City’s direct contact during construction projects, his cell phone number is: 775/762-2272; he will not be removed from this project without prior approval by the City’s Resident Engineer. Mr. Hough is a 4th generation native Nevadan from Carson City who possesses 19 years of construction, materials testing, and inspection experience relating to roadways, highways, public works infrastructure, and private large-scale facilities in urban and rural environments. Mr. Hough is proficient in all aforementioned nationally recognized testing 290
On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 2 Carson City, Nevada 89706 Email: [email protected] methods related to the following: native subgrade, trench backfill, fill materials, import soils/aggregate base (AB) compaction testing; Portland cement concrete (PCC) field and laboratory materials and compressive strength testing; and AC materials testing and compaction field and laboratory testing/reporting. Upon review of drawings, plans, specifications, submittals, and schedules, Mr. Hough is responsible for ensuring safe project compliance and successfully completing projects within budget and on-time. Further, his roles and responsibilities will include, but are not limited to, the following:
 Personally attend project meetings.
 Develop a testing frequency matrix.
 Logging/updating testing matrix based upon performed
field and laboratory tests.
 Direct communication with the City’s Resident Engineer and BEC’s field and laboratory technicians.
 Reviewing all construction materials submittals.
 Review, approve, and consistent delivery of all daily field reports, on-site test results, and laboratory test results.  Review and approval of all invoicing for the City’s
construction projects.
 Maintain project budget and schedule related to materials testing.
 Staffing projects with the most certified and qualified materials testing/inspection technicians.

Mr. Richard Machado, NAQTC/ACI/ICC – Assistant Project Manager: Mr. Machado will be the Assigned Field Manager and will also act as a direct contact for the City, his cell phone number is: 775/901-8058; he will not be removed from this project without prior approval by the City’s Resident Engineer. In 1985, Mr. Machado became a Fallon, Nevada, resident.

He is an ICC and ACI certified special inspector and materials tester who possesses 10 years of inspection, materials testing, and construction experience. Mr. Machado is proficient in AASHTO, ASTM, AMRL, and CCRL methods related to the following: native subgrade, trench backfill, fill materials, import soils/AB compaction testing; PCC field and laboratory materials and compressive strength testing; and AC materials testing and compaction field and laboratory testing/reporting for public and private roadway, highway, infrastructure, and Engineer-of-Record (EOR) projects. In conjunction with the Assigned Project Manager, Mr. Machado is responsible for coordinating staffing, reviewing construction documentation, such as: testing frequency requirements, material submittals, and consistent delivery of reports and testing results to clients.

Ms. Lindsey Owens, P.E., NAQTC/ACI – Reno Laboratory Manager: Ms. Owens possesses 6 years of construction experience and is a Licensed Professional Engineer (License No.:
027759) with a BS in Civil Engineering and a Masters of Business Administration from the University of Nevada, Reno (UNR). Along with BEC’s President and Carson City’s Laboratory Manager, Ms. Owens is also responsible for training laboratory technicians and verifying testing results prior to report distribution to clients, maintaining calibration records for all laboratory equipment and accreditations in accordance with nationally recognized methods: AASHTO, AMRL, ASTM, CCRL, and the Army Corp of Engineers.

Mr. Ian Hopper, E.I., NAQTC/ACI – Carson City Laboratory Manager: Mr. Hopper will be the City’s Assigned Laboratory Manager and responsible for all in-house laboratory testing and consistent report distribution; he will not be removed from this project without prior 291
On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 3 Carson City, Nevada 89706 Email: [email protected] approval by the City’s Resident Engineer. Mr. Hopper possesses a BS in Civil Engineering from UNR and 5 years of construction and materials testing experience. Mr. Hopper is responsible for ensuring technicians perform materials testing in accordance with nationally recognized testing methods such as AASHTO, ASTM, AMRL, CCRL, and the Army Corp of Engineers. Mr. Hoper verifies laboratory results documentation for completeness prior to delivery to the Assigned Project Engineer for signature.

Mr. Mark Hampton, ACI/Federal Highway Association (FHWA) Contract Inspection (CI) Level 2 – Inspector/Field Technician/Materials Tester: Mr. Hampton recently joined BEC’s team from North Dakota and brings with him 32 years of construction experience. Mr. Hampton is proficient in aforementioned nationally recognized testing methods related to the following:
native subgrade, trench backfill, fill materials, import soils/AB compaction testing; PCC field and laboratory materials and compressive strength testing; and AC materials testing and compaction field and laboratory testing/reporting mainly pertaining to large-scale FHWA projects. He was accepted by the FHWA as a Level 2 CI Inspector.

BEC is fully committed to providing specifically qualified and certified team members to the City for the duration of the 2022-2024 construction season. Our organizational chart, provided below, is a visual representation of our company.
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4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 4 Carson City, Nevada 89706 Email: [email protected] Regarding project experience, BEC has an established history of safely and successfully performing geotechnical engineering analysis in conformance with nationally recognized methods to produce quality assurance/acceptance (QA) materials sampling and testing, inspections, and 1704 Special Inspections (SI) programs of similar scope of work as the City’s proposed 2022-2024 construction season projects. The following are brief project examples:

South Lake Tahoe 2021 Road Rehabilitation (2021);
South Lake Tahoe, CA
In the summer of 2021, BEC provided on-site asphalt compaction and South Lake Tahoe 2021 Road Rehabilitation
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On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 5 Carson City, Nevada 89706 Email: [email protected] paving inspections as well as laboratory materials testing of the like for the above-referenced project. Asphalt samples were obtained by our certified field technicians and special inspectors and returned to our nationally accredited Carson City, NV, laboratory for extraction, sieve analysis, and theoretical specific gravity testing performed by NAQTC certified technicians. This roadway project was completed in August of 2021. Key technicians and their qualifications/certifications listed below:

Contact: Mr. Mark Frisina, the City’s Resident Engineer (530) 542-7415 Construction Budget: $2,780,000.00 BEC Budget: $12,660.00 Key Personnel: ACI/APNGA HAZMAT/ICC/NAQTC/MSHA/OSHA certified Project Manager Tyler Hough and Field Technician/Special Inspector Richard Machado;
ACI/APNGA HAZMAT/ATSSA//NAQTC/MSHA/OSHA certified Laboratory Manager Ian Hopper Yosemite National Park, Repairs on Wawona Road (2020); Mariposa, CA During winter of 2020, BEC provided materials testing, inspections, and 1704 SI services for the for the above-referenced project. Our certified field technicians and inspectors performed density testing on native subgrade, trench backfill/fill materials for the storm drain(s), and the AB for asphalt paving. Our certified special inspectors inspected and documented the following: masonry headwalls, grout encasements within the rock anchors, and conducted pull-testing on rock anchors. Grout samples were obtained by our certified field technicians and returned to our Nationally accredited Carson City, NV, laboratory for compressive strength testing. Additionally, asphalt samples were obtained and tested for extraction, sieve analysis, and theoretical specific gravity. Further, AB samples were obtained and tested for maximum density, sieve analysis, and Atterberg limit tests. All aforementioned testing was performed by certified laboratory technicians.

Key technicians and their qualifications/certifications listed below:

Contact:Ms. Antonia Rivera Holland, Genesis Design & Development, LLC (316) 293-6559 Construction Budget: Unknown BEC Budget: $12,485.00
Key Personnel: ACI/APNGA HAZMAT/ICC/NAQTC/MSHA/OSHA certified Project Manager Tyler Hough and Field Technician/Special Inspector Richard Machado;
ACI/APNGA HAZMAT/ATSSA//NAQTC/MSHA/OSHA certified Laboratory Manager Ian Hopper Repairs on Wawona Road
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4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 6 Carson City, Nevada 89706 Email: [email protected] CA FLAP NEC 40(1) Donner Pass Road
(2021); Soda Springs, CA
BEC provided full-time (FT) materials testing and
inspection services for the above-referenced FHWA
project which rehabilitated asphalt pavement and
widened 6.54 miles of roadway shoulders for bike lanes
from Exit 174 on Interstate 80 in Soda Springs to the
Truckee City limits, CA. Per FP-14 specifications, our
certified field technicians and inspectors performed FT materials testing services during asphalt paving as well as materials testing, inspections, and 1704 SI documentation. Specifically, they performed density testing of AB, native subgrade, and shoulder materials while also obtaining asphalt core samples to be tested for in-place density. All samples were delivered certified field to our nationally accredited laboratory in Reno, NV, for certified technicians to perform sieves, Proctors, Atterberg limit tests on utility backfill/AB/native subgrade/fill materials; extraction by ignition, gradation, theoretical maximum specific gravity, and Marshall properties on asphalt samples; asphalt cores were tested for thickness and in-place air voids; and PCC cylinders were tested for compressive strength. Key technicians and their qualifications/certifications listed below:

Contact: Ms. Jessica Moomey, Herback General Engineering (775) 267-6800 Construction Budget: $16,903,511.00 BEC Budget: T&M $80,845.00 Key Personnel: ACI/APNGA HAZMAT/ICC/NAQTC/MSHA/OSHA certified Project Manager Tyler Hough and Field Technician/Special Inspector Richard Machado;
ACI/APNGA HAZMAT/ATSSA//NAQTC/MSHA/OSHA certified Laboratory Manager Ian Hopper RTC Sparks Consolidated 19-01 (2019-2020); Sparks, NV
The above-referenced project corrected localized drainage deficiencies, reconstructed existing Americans with Disabilities Act (ADA) ramps and driveways, and removal and replacement of structural sections a spanning four roadways: 15th Street from C Street to Prater Way; Franklin Way from the Union Pacific Railroad crossing to E.

Greg Street and Hulda Court; and sidewalk improvements on the east side of El Rancho Drive from G Street to Oddie Boulevard in Sparks, NV. Our certified special inspectors and field technicians performed materials testing, inspection, and 1704 SI services; specifically, as follows: density testing of native subgrade and backfill/AB/native subgrade/fill for curbs, gutters, sidewalks, pedestrian ramps, valley gutters, driveways, roadway shoulders, and catch basins; and special inspections of driveways reinforcing steel as well as obtained hot-mix asphalt during paving operations and returned them to our nationally accredited Reno, Nevada, laboratory for testing. NAQTC certified laboratory technicians performed sieves, Proctors, Atterberg limit tests on utility backfill AB/native subgrade/fill materials; extraction by ignition, gradation, theoretical maximum specific gravity, and Marshall properties on hot-mix asphalt samples; asphalt cores were tested for thickness and Donner Pass Road
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4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 7 Carson City, Nevada 89706 Email: [email protected] Flint Road
in-place air voids; and PCC cylinders were tested for compressive strength. Key technicians and their qualifications/certifications listed below:

Contact: Ms. Judy Tortelli, RTC, (775) 335-1824
Construction Budget: $1,400,000.00 BEC Budget: $82,058.00 Key Personnel: Project Engineer Shaun A. Smith, P.E., LEED AP; ACI/APNGA HAZMAT/ICC/NAQTC/MSHA/OSHA certified Project Manager Tyler Hough and Field Technician/Special Inspector Richard Machado;
ACI/APNGA HAZMAT/ATSSA//NAQTC/MSHA/OSHA certified Laboratory Manager Ian Hopper 2020 Street Rehab – Unit 3 (2020); Sparks, NV
BEC provided EOR QA materials testing and inspection services for the above-referenced project located in Sparks, NV. The roadways affected were: Crabapple Hollow, Queens Way, Richards Place, and Windsurfer Drive. Certified special inspectors and field technicians performed density testing on native subgrade and AB materials for curb, gutter, sidewalk, driveways, ADA ramps, spandrels, storm drain improvements including drain inlets, electrical conduit, roadway pulverizing, asphalt patching, and placement of new asphalt paving. As a representative for the City of Sparks, BEC was responsible for verifying and enforcing compliance with RTC (Orange Book) and the City of Sparks standards for materials testing and inspections during construction and project documentation for as-built records. Key technicians and their qualifications/certifications listed below:

Contact: Ms. Amber Sosa / Mr. Brandon Baxter, City of Sparks (775) 762-6337 Construction Cost: $700,000.00 BEC Budget: $28,000.00
Key Personnel: ACI/APNGA HAZMAT/ICC/NAQTC/MSHA/OSHA certified Project Manager Tyler Hough and Field Technician/Special Inspector Richard Machado;
ACI/NAQTC/OSHA/APNGA Steven Kramer, Tony Miranda
ACI/APNGA HAZMAT/ATSSA//NAQTC/MSHA/OSHA certified Laboratory Manager Ian Hopper Flint Road Reconstruction (2020); Carson City, NV
The above-referenced project involved the reconstruction of Flint Road located between US Highway 50 (US 50) and Eastgate Siding Road in Carson City, NV. certified special inspectors and field technicians performed on-site materials testing to include density testing of roadway AB materials and obtained hot-mix asphalt samples and cores during paving and returned to our nationally accredited Carson City, NV, laboratory for testing. Certified laboratory technicians performed: sieve analysis, Atterberg limits, and maximum density (Proctor) testing on AB materials; bituminous ratio, maximum specific gravity and gradation testing on hot-mix asphalt; and in-place density, and thickness tests on asphalt cores. Key technicians and their qualifications/certifications listed below:

Contact: Mr. Brian Elder, P.E., Carson City Public Works Department (775) 283-7586 296
On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 8 Carson City, Nevada 89706 Email: [email protected] Construction Cost: $433,888.00 BEC Budget: $6,927.50
Key Personnel: Project Engineer Shaun Smith, P.E., LEED AP; ACI/APNGA HAZMAT/ICC/NAQTC/MSHA/OSHA certified Project Manager Tyler Hough and Field Technician/Special Inspector Richard Machado;
ACI/APNGA HAZMAT/ATSSA//NAQTC/MSHA/OSHA certified Laboratory Manager Ian Hopper Arizona Pipeline (APL) Testing As Ordered (2018-Present); Various Locations, NV In 2018, BEC began its partnership with APL to conduct on-site materials (native subgrade, trench backfill, fill, import/AB) density testing for natural gas line replacement all over the Truckee-Meadows region. During the past 4 years, APL has expanded its operations to include a Las Vegas and Corona offices. Work is ongoing and invoiced per T&M standardized rates. Key technicians and their qualifications/certifications listed below:

Contact: Mr. Joe Vera, APL (760) 559-7166
Construction Cost: ON-GOING BEC Budget: T&M
Key Personnel: ACI/APNGA HAZMAT/ICC/NAQTC/MSHA/OSHA certified Project Manager Tyler Hough and Field Technician/Special Inspector Richard Machado;
APNGA/ACI/NAQTC/OSHA certified Fields Technicians James Foster, Bryceton Schilling, Fernando Torres, and Tony Miranda;
ACI/NAQTC/OSHA/ATSSA certified field/laboratory technician Ian Hopper Additional Applicable Projects in Lake Tahoe Basin
2021 West Lake Tahoe Regional Water Treatment Plant
(TCUPD) 2017 Madden Creek Waterline Project (TCUPD)
2021 Incline Village Waste Water Treatment Plant,
Deconstruct Facility (IVGID) 2017 Diamond Peak Lodgepole Drainage Emergency Repairs (IVGID) 2022 Carson City Public Works Dept. On-Call Services FY 2022 2017 Carson City Freeway Multi-Use Path
2021 Roundhill Pines Resort Redevelopment Phase 2,
Zephyr Cove, NV 2018 Boulder Bay, Buildings B, C, and D Parking Structure and Lakeview Extension 2020 Tahoe City Golf Course and Maintenance Facility 2020 Tahoe City Sidewalk and Bike Trail Option X CA FLAP SR 89 (2)
2021 The Villas at the Edgewood Resort 2019 Tahoe Beach Club Sanitary Sewer Intercpetor 2) Project Approach and Understanding
We are familiar with scope of work requiring on-call construction materials testing, construction inspection assistance, and field/laboratory testing and documentation for the City’s proposed public works projects for the 2022-2024 construction season. All field sampling and testing will be provided in accordance with the contract specifications or, if not specified, work performed will adhere to the City’s Quality Assurance Program (QAP) for projects funded by the Federal Highway Administration (December 2021). As contained in the QAP, the purpose of the program is to provide the City assurance that materials incorporated into construction projects are safe by being in conformance with each project’s specifications. The Assigned Project Manager, Mr. Tyler Hough, intends 297
On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 9 Carson City, Nevada 89706 Email: [email protected] to work closely with the City’s Inspectors and Resident Engineer to develop a sampling and materials testing QA program to assure compliance within each projects’ specifications. Moreover, the Assigned Project Engineer, Mr.

Shaun Smith, is a California registered civil engineer (License No.: C-71219) and oversees and ensures AASHTO, ASTM, AMRL, and CCRL accreditation for each BEC laboratory are active and technicians conduct materials in conformance with (Appendix B).

The following are brief descriptions of the proposed 2022-2024 construction season projects as obtained from the City’s and Lake Tahoe Information websites.1
The Lake Tahoe Boulevard Class I Bicycle Project will
construct a bicycle trail, install ramps that are compliant with ADA requirements, and new pathway lighting along
a 0.6-mile segment. The project is located between
Viking Way and the intersection of Highway 89 and US
50, in City of South Lake Tahoe, El Dorado County. The
scope of work includes, but is not limited to: traffic
control, demolition of existing AC pavement, PCC curbs, gutters, and HC ramps, construction staking, grading,
compaction, new concrete curb & gutter, ADA concrete
HC ramps, storm drain system construction (drainage
inlets, manholes, yard drains, storm drain laterals, storm drain main), electrical conduit, electrical pull boxes, standard City streetlights, AC paving, pavement striping, signage, landscaping, irrigation, installing revegetation and/or sod on areas disturbed by construction activity.

The estimated preliminary
construction costs are approximately $3,500,000.

The Tahoe Valley Stormwater and Greenbelt Improvement Project is located south and east of the “Y” intersection on the west side of the City and consists of a 320- acre Project drainage area that is bisected by the US 50 and State Route 89 (SR 89) corridors. The Project area is a priority for treatment as storm water runoff discharges directly to the Upper Truckee River, which drains to Lake Tahoe. The purpose of the Project is to improve and expand existing storm water infrastructure and to develop recreational amenities by increasing pedestrian and bicycle connectivity. The project includes stream environment zone restoration, storm water conveyance and infiltration facilities, multiple-use Class I trails, interpretive signage, play areas, and potential public art installations. Total project cost estimates are approximately $14,000,000.
1 The City at Work | South Lake Tahoe, CA - Official Website (cityofslt.us) & Tahoe-Valley-Area-Plan-Final-Public-Review (cityofslt.us) Future Bike Path Location Eastbound Lake Tahoe Blvd.

Stagnant Water and Damage
to PCC and Asphalt
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On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 10 Carson City, Nevada 89706 Email: [email protected] The Barton Avenue and 2nd Street drainage project includes constructing stormwater improvements based on low impact development (LID) principles to restore natural hydrologic processes to address localized flooding and reduce urban runoff pollution. To address flooding, erosion and sediment issues in an urbanized area, the project includes stabilizing road shoulders with permeable pavement and strategically placed concrete curbs to protect bare soil on road shoulder area and direct urban runoff to drain inlets within the project area. Stormwater runoff will then be directed via underground storm drain inlets, sediment traps, and pipes to the stormwater treatment basin (2nd Street Basin) planted with native vegetation to remove nutrients and sediment from runoff.

All improvements will be constructed within the public right-of-way and public lands owned by the California Tahoe Conservancy (CTC).

The Pioneer Trail Pedestrian Improvement Project Phase II includes pedestrian sidewalks, lighting, transit stops, and class II bike lanes from the limits of the completed Phase 1 project (Larch Avenue) to the western limits of Ski Run Boulevard (+.45 Center line Miles). The estimated preliminary construction costs are approximately $4,500,000.

Our entire company vigorously approaches each project assignment, as visualized by our organizational chart (p. #), BEC currently employs a staff of 58 who are qualified and possess a mixture of
ICC/AWS/ACI/NAQTC/OSHA/MSHA/APNGA Hazmat/ASNT/and ATSSA Traffic Control Supervisor certifications and are motivated to serve the City. Our geotechnical engineering division consists of multiple Licensed Professional Engineers, a Professional Geologist, and geologists who work interpedently with the QC division.

In an effort to oversee safe, efficient, and successful projects to completion, BEC operates responsively with transparent interdependence. While BEC’s Carson City Division may consist of fewer employees than competitors; the workforce directly supporting the Assigned Project Manager, Tyler Hough, possesses vast and diverse experience. Working in conjunction with Mr. Hough, is qualified and certified Assigned Field Manager, Mr.

Richard Machado, who as a member of the BEC team brings Hot-Shot Firefighting communication skills and experience. He is also responsible for assigning appropriately certified technicians to complete project specific tasks, reviews field technicians daily project documentation for completeness and construction specification compliance, coordinates laboratory testing to meet project milestones, verifies testing results for completeness and project-specification compliance, and will also be available for direct communication with the City.

PCC Damage and Alligator Cracking Asphalt
Eastbound Lake Tahoe Blvd.

Pioneer Trail
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On-Call Materials Testing, Construction Inspection Assistance, Field/Laboratory Testing, and Documentation Proposal No. 22-30150005 – RFP #1
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 11 Carson City, Nevada 89706 Email: [email protected] The ACI/NAQTC/OSHA/MSHA/APNGA Hazmat/ATSSA Traffic
Control Supervisor certified Assigned Laboratory Manager, Mr. Ian Hopper, works in conjunction with the Managers identified above and Reno’s Laboratory Manager who is a Licensed Professional Engineer (No. 027759), Ms. Lindsey Owens, P.E. to maintain national accreditations and ensure laboratory tests are conducted in an organized, efficient fashion as well as performed within parameters of AASHTO, ASTM, AMRL, and CCRL methods.

Carson City’s Office Manager, Ms. Amanda Dick, recently returned to BEC after an 8-year hiatus to serve the City of Reno Parks and Recreation and Washoe County’s judiciary as the Courtroom Technician primarily assigned to Department 15. Ms. Dick began her career in public service as a teenager in the City of Elko, Nevada, Finance Department and brings with her to BEC meticulous attention to detail and a tireless work ethic to develop systematic organization to ensure consistent distribution of on-site project documentation and testing results to the City. Supporting all previously identified staff and reporting directing to Mr. Hopper and Ms. Dick is Clerical/Laboratory Administrator Ms. Carolyn Foster whose employment in engineering consulting firms began in the 1980s. Ms. Foster’s thorough attention to laboratory testing results and customer service is paramount to the success of BEC’s Carson City Division.

BEC’s project approach is simple: COMMUNICATION AND
TRANSPARENCY ARE EVERYTHING. We ensure we are in receipt of all project-specific materials: drawings, plans, specifications, submittals, and schedules and every document is properly retained electronically and physically. While we strive for rapid production and distribution of all written field reports and laboratory test results, our main focus is accuracy and completeness prior to client delivery. Managers are always available to provide verbal reporting as warranty for construction progression. Before all else, we want projects done safely and correctly to project specifications. We know communication is key and every member of our team needs to be in the “Know” as well as the City regarding its projects.

WE HAVE THE APPROPRIATE TOOLS AND TRAINING TO PROPERLY USE THEM. Upon employment our field technicians and inspectors are issued BEC calibrated iPads and accessories to access GoCanvas software to paperless complete written reports on-site whenever possible. Additionally, all our technicians are APNGA Hazmat certified to possess and use portable nuke gauges to perform on-site materials density testing. As Carson City BEC Laboratory Staff
Performing Proctor Testing
Carson City BEC Staff Documenting PCC
Cylinders for Compressive Strength Testing
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4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 12 Carson City, Nevada 89706 Email: [email protected] efficiently as BEC produces results, we prioritize safety during construction projects. While our staff may be fewer numerically, we possess a compilation wide ranging skills and experience because of our diversity backgrounds.

We cannot wait to demonstrate our abilities and work product to the City. 3) Preliminary Budget
BEC knows time is money. To financially benefit our clients, we develop strategic budgets with the intention to make our site visits as productive as possible. For the City’s 2022-2024 construction season, we propose a budget of $143,315.00 to perform materials testing, laboratory testing, and inspection services. A portion of this cost estimate, $106,720.00, is associated with on-site materials testing and inspections. The remaining portion, $36,595.00, is associated with in-house project management, administrative assistance, a laboratory testing.

On-Site Testing and Inspection
Estimated Cost: $106,720.00
 Based upon the 2022 – 2024 Project Summary Spreadsheet we have budgeted for our inspector to perform a total of 667 hours on-site for materials testing and inspections. We have included an allinclusive Prevailing Wage Rate of $160.00 per-hour; BEC’s itemized rate schedule provided below. This all-inclusive rate accounts for equipment, travel time, vehicles and mileage, and meals. Further, overtime will be billed at a rate of 1.25 multiplier per-hour of our all-inclusive Prevailing Wage Rate.  Please note, the aforementioned all-inclusive Prevailing Wage Rate reflects El Dorado County, California’s, predetermined rate increases through December 31, 2024.

Laboratory Testing
Estimated Cost: $36,595.00
 We have budgeted for 19 soil/aggregate samples to be tested for modified proctor at $175.00 each.  We have budgeted for 12 soil/aggregate samples to be tested for gradation at $110.00 each.  We have budgeted for 3 soil/aggregate samples to be tested for sand equivalent at $125.00 each.  We have budgeted for 15 sets (5 per-set) of concrete cylinders be tested for compressive strength at $125.00 per set.
 We have budgeted for 25 asphalt cement samples to be tested for moisture and asphalt content at $120.00 each.
 We have budgeted for 25 asphalt cement samples to be tested for gradation at $110.00 each.  We have budgeted for 25 asphalt cement samples to be tested for Hveem at $130.00 each.  We have budgeted for 25 asphalt cement samples to be tested for maximum theoretical specific gravity (Rice) at $100.00 each.
 We have budgeted for 25 sets (3 per-set) of asphalt cement core samples to be tested for in place unit weight at $125.00 each set.

As directed, a table listing the fee for each materials sampling/laboratory test and on-site testing and observation/inspection assistance hours including documentation items for all staff, including administrative, that will be assigned to perform services is provided below. For convenience and transparency, BEC’s itemized allinclusive Prevailing Wage Rates Schedule is also provided below.

Thank you for the opportunity to submit this RFP; BEC anticipatedly awaits the City’s formal written selection process scheduled for April 11th. If there are any questions during the meantime; we are happy to be of service. 301
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SLT; On-Call MT & Inspection Assistance

SUPPORT SERVICE RATE/HOUR
President $175.00
Vice President $175.00
Senior Consultant $175.00
ENGINEERING:

Division Manager $165.00
Project Manager $135.00
Project Engineer/Geologist $125.00
Engineering Technician $ 95.00
Drafting $ 80.00
MATERIALS TESTING:

Division Manager $145.00
Senior Materials Technician $100.00
Materials Technician $ 87.00
Materials Technician Trainee $ 75.00

PREVAILING WAGE
CONSTRUCTION TESTING AND INSPECTION:

SLT; On-Call MT & Inspection Assistance

ALL-INCLUSIVE PREVAILING WAGE RATES

TESTS UNIT PRICE
SOILS TESTING:

Compression of Concrete Cylinder (ASTM C 39) $ 25.00/ea.

Compression of Grout Cylinder (UBC 24-28) $ 25.00/ea.

Compression of Mortar Cylinder (UBC 24-22) $ 25.00/ea.

Compression of Cored Concrete (ASTM C 42) $ 50.00/ea.

Compression of Shotcrete per Core $100.00/ea.

Flexural Strength of Concrete Beams (ASTM C 78, C 293) $100.00/ea.

Splitting Tensile Strength of Concrete Cylinder (ASTM C 496) $ 55.00/ea. 304
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SLT; On-Call MT & Inspection Assistance

ALL-INCLUSIVE PREVAILING WAGE RATES
MASONRY TESTING:

Compression of Masonry Unit (ASTM C 140) (Set of 3) $210.00/set Compression of Masonry Prism (ASTM C 1314) $150.00/ea.

Shrinkage (Set of 3) $450.00/set
Moisture (Set of 3) $120.00/set
ASPHALT CONCRETE TESTING:

Hveem Compaction and Stability $130.00/ea.

Hot Mix Asphalt Mix Design P.O.R.*
CTB Mix Design P.O.R.*
MISCELLANEOUS:

Mobile Asphalt/Soils Testing Laboratory P.O.R.*
Special Handling $ 75.00/hour
Rush Charge 50% Additional Charge
Fireproofing $ 75.00/test

ADDITIONAL

APPENDICES
306

APPENDIX A
Resumes
307
Shaun Smith, P.E., LEED AP
President; Assigned Project Engineer
1345 Capital Boulevard, Suite A Tel: 775/359-6600 Fax: 775/359-7766 1 Reno, Nevada 89502-7140 Email: [email protected] Mr. Smith is a Civil Engineer with
over 25 years of design and
construction project management
experience in northern Nevada.

His background and previous
work experience include civil
engineering design, project
management and business
development. Mr. Smith has a
wealth of design knowledge in
working with both public and
private sector clients. Mr. Smith is a licensed professional engineer in Nevada and California, and in 2007 he was
recognized as the American Society of Civil Engineers,
Truckee Meadows Branch, Young Engineer of the Year. Mr.

Smith is an active member of the American Society of Civil Engineers, American Public Works Association, and the
Associated General Contractors of America. As President, it is his responsibility to assure that projects are completed on time, within budget, and to the highest quality and accuracy standards.

Pertinent Work Experience
 City of Reno Sanitary Sewer & Water Rehabilitation 2013, Reno, NV  City of Reno Montello-Carville Neighborhood Street and Sewer & Water Rehabilitation 2011, Reno, NV  City of Reno Lakeside Drive Sanitary Sewer Main Replacement, Reno, NV  City of Reno Sanitary Sewer & Water Rehabilitation 2009, Reno, NV  Carson City Downtown Streetscape, Carson City, NV
 Carson City Animal Shelter, Carson City, NV
 SPWD South Reno DVM, Reno, NV
 UNR William N. Pennington Engineering Building, Reno, NV  UNR Great Basin Residence Hall, Reno, NV
 UNR Redfield Campus, Reno, NV
 TESLA Gigafactory, Storey County, NV
 SWITCH SUPERNAP Data Center, Storey County, NV
 MUSTANG STY 1, Storey County, NV
 NDOT USA Parkway, Storey County, NV
 NDOT Contract 3745 (Highway 50 Expansion Dayton to Silver Springs), Lyon County, NV  NDOT Carson City Freeway 2B-3, Carson City, NV
 RTC Pyramid/McCarran Intersection Reconstruction Project, Sparks, NV  RTC SouthEast Connector Phase 2, Reno, NV
 RTC Lakeside Drive/Manzanita Lane Street Reconstruction, Reno, NV  RTC 4th Street Station Transit Center, Reno, NV
 RTC Centennial Plaza Transit Center, Sparks, NV
Black Eagle Consulting, Inc.

7.5 Years
Years of Construction Experience
25 Years
Education
B.S., Engineering Science, 1996, Montana
Tech of the University of Montana
Registrations
P.E., Civil, Nevada, No. 015819
P.E., Civil, California, No. 71219
LEED Accredited Professional
Affiliations
American Society of Civil Engineers
American Public Works Association
Associate General Contractors of America
Awards
American Society of Civil Engineers,
Truckee Meadows Branch, Young
Engineer of the Year, 2007
308
Tyler Hough
Carson City Division Manager; Assigned Project Manager
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 Carson City, Nevada 89706 Email: [email protected] Mr. Hough possess over 19 years of
construction inspection and testing
experience, mainly on large
infrastructure projects such as RTC,
Storey County Industrial Center, and
NDOT. Mr. Hough is proficient in the
following: sampling and testing soils,
PCC, and asphalt concrete; inspecting
roadway projects for conformance with
project specifications; and executing a
punch-list items near the end of
construction. Additionally, Mr. Hough’s responsibilities include project management, reviewing and approving Field
Technicians’ daily reports, preparing cost estimates for clients and ensuring accurate invoicing to clients. Mr. Hough oversees the laboratory’s process and procedure to perform materials testing of aggregates, soils, concrete, and asphalt concrete as well as distributing information of the like to clients.

Pertinent Work Experience
 South Lake Tahoe 2021 Road Rehabilitation, SLT, CA
 Yosemite National Park, Repairs on Wawona Road,
Mariposa, CA
 CA Flap NEC 40(1) Donner Pass Road, Soda Springs, CA
 Tahoe City Sidewalk and Bike Trail Option X CA FLAP SR 89(2), Tahoe City, CA
 Plymouth Drive Road Reconstruction, Douglas County, NV  East Long Street 2021 Pavement Reconstruction, Carson City, NV  Carson Airport Rehabilitation, Carson City, NV
 Carson City Downtown Streetscape, Carson City, NV
 Milan Drive Industrial Center, Storey County, NV
 Mustang Industrial SPEC Building, Storey County, NV
 MUSTANG STY 1, Storey County, NV
 NDOT Contract 3164, Mustang/Wadsworth/Pyramid Interchange, Fernley, Washoe, Lyon and Churchill Counties, NV
 NDOT Contract 3194, US 395 3.14 Miles North of Leviathan Mine Road to Waterloo Lane, Douglas County, NV
 NDOT Contract 3221, SR 88, Woodfords Road, Nevada\California Stateline to Mackland Drive, Douglas County, NV
 NDOT Contract 3327, Carson City Freeway Phase 2A, Carson City, NV  NDOT Contract 3585, Carson City Freeway Phase 2B-3 from Fairview Drive to South Carson Street, Carson City, NV
 NDOT Contract 3745, Highway 50 Expansion from Dayton to Silver Springs, Lyon County, NV  SouthEast Connector, Phase 1 & 2, RTC of Washoe County, Reno, NV  USA Parkway Extension, Lyon County/Storey County, NV
Black Eagle Consulting, Inc.
9 Years
Years of Construction Experience
19 Years
Education
Pioneer High School; Carson City,
Nevada
Certifications
ICC Special Inspector: 8373540
Structural Masonry
Prestressed Concrete
Reinforced Concrete
Spray Applied Fire Proofing
Structural Steel and Bolting
Residential Energy Inspector
Soils Special
ACI Concrete Field-Testing Technician
Grade 1, No. 01029379
NAQTC No. NV000521
Sampling and Density
Aggregates
Asphalt
Nuclear Density Gauge Certified
Mine Safety and Health Administration
OSHA, 30-Hour
309
Richard Machado
Assistant Project Manager; Assigned Field Manager
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 Carson City, Nevada 89706 Email: [email protected] Mr. Machado possesses over 10
years of construction experience,
with 4 years of inspection and
testing experience. Mr. Machado
is proficient in sampling and
testing soils, PCC, and asphalt
concrete; inspecting roadway
projects for conformance with
project specifications; and
developing and completing
punch-list items near the end of
construction. Additionally, Mr.

Machado’s duties include working in the laboratory performing materials testing of aggregates, soils, concrete, and asphalt concrete. As an Assistant Project Manager, Mr. Machado is responsible for coordinating projects to include attending Preconstruction Meetings as well as post-construction
documentation.

Pertinent Work Experience
 South Lake Tahoe 2021 Road Rehabilitation, SLT, CA
 Yosemite National Park, Repairs on Wawona Road, Mariposa, CA  CA Flap NEC 40(1) Donner Pass Road, Soda Springs, CA
 Tahoe City Sidewalk and Bike Trail Option X CA FLAP SR 89(2), Tahoe City, CA  Plymouth Drive Road Reconstruction, Douglas County, NV  East Long Street 2021 Pavement Reconstruction, Carson City, NV  Roundhill Pines Resort Redevelopment Phase 2, Zephyr Cove, NV  Carson Airport Rehabilitation, Carson City, NV
 Airport Road Reconstruction, Carson City, NV
 Carson City Downtown Streetscape, Carson City, NV
 LogistiCenter 395, Reno, NV
 Longley Commerce Center, Reno, NV
 MUSTANG STY 1, Storey County, NV
 NDOT Cave Rock Tunnel Rehab, Douglas County, NV
 NDOT Contract 3585, Carson City Freeway Phase 2B-3 from Fairview Drive to South Carson Street, Carson City, NV
 NDOT Incline Village to Sand Harbor Bike Path Improvements, Washoe County, NV  Reno-Tahoe International Airport Runway 16L-34R; Reno, NV  SouthEast Connector, Phase 1 & 2, RTC of Washoe County, Reno, NV  Switch SUPERNAP Data Center, Storey County, NV
 Tesla Gigafactory, Storey County, NV
 USA Parkway Extension, Lyon County/Storey County, NV
 WCSD Nick Poulakidas Elementary School, Reno, NV
 WCSD Rio Wrangler Elementary School, Reno, NV
 WCSD Sky Ranch Middle School, Sparks, NV
Black Eagle Consulting, Inc.
4 Years of Construction Experience
10 Education
High School Diploma Churchill County High
AA General Education - Shasta College
Certifications
ICC Reinforced Concrete No. 8915783
ICC Post-Tension No. 8915783
ACI Concrete Field-Testing Technician
Grade 1, No. 01367419
NAQTC No. NV002060
Sampling and Density
Nuclear Density Gauge Certified
Mine Safety and Health Administration
OSHA, 10-Hour
310
Lindsey Owens, P.E.

Reno Laboratory Manager
1345 Capital Boulevard, Suite A Tel: 775/359-6600 Fax: 775/359-7766 1 Reno, Nevada 89502-7140 Email: [email protected] Ms. Owens is a project engineer in our
geotechnical engineering division, and
she manages the materials testing
laboratory at BEC. As a project engineer,
she is responsible for the management of
geotechnical engineering projects,
including engineering analysis, and report
writing. As laboratory manager, she is
responsible for coordination, data review,
and report generation of the laboratory
materials testing operations. Ms. Owens is also responsible for training of laboratory personnel, maintaining calibration records for all laboratory equipment, and maintaining laboratory accreditations with NDOT, AASHTO, AMRL, CCRL, and the
U.S. Army Corps of Engineers.

Pertinent Work Experience
 CA Flap NEC 40(1) Donner Pass Road, Soda Springs, CA
 RTC Southeast Connector, Phase II; Reno, NV
 City of Reno Virginia Street Bridge, Reno, NV
 City of Sparks 2019 FY 19 Unit 2, Sparks, NV
 City of Sparks 2020 Streets Rehabilitation Unit 3, Sparks, NV  City of Sparks La Posada Drive Roundabout and Roadway Improvements, Sparks, NV  NDOT Spaghetti Bowl Xpress, Reno, NV
 RTC 2019 Reno Consolidated 19-01, Reno, NV
 RTC 2019 Sparks Consolidated 19-01, Sparks, NV
 RTC Lemmon Drive Capacity Improvements & DDI Projects, Reno, NV  RTC Street Rehabilitation, Reno & Sparks, NV
 City of Sparks El Rancho Sewer Improvement, Sparks, NV  City of Sparks Kiley Ranch Phase 6, Sparks, NV
 City of Sparks Silverton Shores Park, Sparks, NV
 City of Sparks Stonebrook Subdivision, Sparks, NV
 City of Sparks Wingfield Hills Road at Kiley Ranch, Sparks, NV  Longley Commerce Center, Reno, NV
 Mustang Industrial SPEC Building, Storey County, NV
 Sage Point No. 5; Reno, NV
 SPWD Northern Nevada Veterans Housing; Reno, NV
 Tesla Gigafactory, Storey County, NV
 TMWRF Polymer Storage Building, Reno, NV
 UNR Great Basin Hall, Reno, NV
 UNR William N. Pennington Engineering Building, Reno, NV  WCSD Nick Poulakidas Elementary School, Reno, NV
 WCSD Rio Wrangler Elementary School, Reno, NV
 WCSD Sky Ranch Middle School, Sparks, NV
Black Eagle Consulting, Inc.
9 Years
Years of Construction Experience
6 Years
Education
University of Nevada, Reno – B.S. Civil
Engineering
University of Nevada, Reno – Master of
Business Administration
Certifications
Professional Engineer No. 027759
NAQTC No. NV001930
Sampling and Density
Aggregates
Asphalt Extended
ACI Concrete Strength Testing
Technician
Nuclear Density Gauge Certified
Radiation Safety Officer
OSHA, 30-Hour
311
Ian Hopper, E.I.

Carson City Laboratory Manager
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 Carson City, Nevada 89706 Email: [email protected] Mr. Hopper posseses 4.5 years of
laboratory testing and inspection
experience, mainly on public
infrastructure projects (e.g. Carson
City Public Works and Carson
City/Washoe County School
District), State Public Works
Division (SPWD), Regional
Transportation Commission (RTC),
Nevada Department of
Transportation (NDOT) and large private developments (e.g., Tesla & Switch).

Mr. Hopper performs and oversees laboratory testing for soils, aggregates, concrete, and asphalt samples. Prior to preparing testing reports, Mr. Hopper is responsible for verifying accurate test data as well as testing compliance with applicable methods and procedures. Mr. Hopper maintains laboratory accreditations by performing appropriate test methods during certification procedures with NDOT,
AASHTO Materials Reference Laboratory (AMRL), CCRL,
and the Army Corp of Engineers.

Mr. Hopper is also responsible for field testing and inspection of various projects as well as documentation of work
completed. Mr. Hopper acts as a field representative for BEC and the owner and/or engineer on each project.

These responsibilities include field materials testing and inspection of earthwork, utility trench backfill, aggregate base, hot-mix asphalt, and Portland Cement Concrete (PCC) associated with highway, industrial, and subdivision projects.

4.5 Years
Years of Construction Experience

4.5 Years
Education
University of Nevada, Reno – B.S. Civil
Engineering
Certifications
ACI Concrete Field-Testing Technician
Grade 1, No. 01639527
ACI Concrete Strength Testing Technician
No. 01639527
NAQTC - Certificate No. NV002107
Asphalt Testing Technician
Aggregate Testing Technician
Sampling & Density Technician
Certified Nuclear Density Gauge Operator
MSHA, 8-Hour
NDOT, Water Pollution Control Manager
ATSSA, Traffic Control Supervisor
Mine Safety and Health Administration
OSHA, 10-Hour
312
Mark Hampton
Inspector and Materials Tester
4010 Technology Way, Suite D Tel: 775/222-0080 Fax: 775/222-0090 1 Carson City, Nevada 89706 Email: [email protected] Mr. Hampton possesses over 32 years
of construction experience. Mr.

Hampton is proficient in sampling and
testing soils, PCC, and asphalt
concrete; inspecting roadway projects
for conformance with project
specifications; FHWA CI 2 Accpeted.

Additionally, Mr. Hampton is proficient in
developing and completing punch-list
items near the end of construction. Mr. Hampton’s duties include working in the laboratory by performing materials testing of aggregates, soils, concrete, and asphalt concrete.

Pertinent Work Experience
 I-5 Bridge Construction CalTrans from Norwalk, CA to
Buena Park, CA
 SR22 Bridge Construction CalTrans from Anaheim, CA to Garden Grove, CA
 I-80 Asphalt Paving NV, CA
 Arizona Pipeline High Pressure, South Lake Tahoe, CA
 Mammoth Lakes CD4 Geothermal Plant, Mammoth, CA
 Arizona Pipeline High Pressure Fallon to Carson City, NV  Water line and High-Pressure gas line, City of Sheridan, WY
 NPS Grand Teton Water Lines, Sanitary Sewer Lines
and Manholes, and Fire Suppression for Historical Cabin, WY
 Storm Drain and Culverts, road realignment, cement
treated base, and paving, McKenzie County ND
 Runway Reconstruction Santa Barbara Airport, CA
 NDDOT High Pressure Gas Line I-94
 NDDOT Hwy 73 widening, Watford City, ND
 NDDOT Long X Bridge, Watford City, ND
 Shoshone Water District water line 36-inch steel coated  Water District Water line, South Lake Tahoe, CA
 Southwest Gas High Pressure Lovelock to Battle Mountain, NV  Various new Water Tank construction X-Ray, and Coating NV, CA Black Eagle Consulting, Inc.
4 Months
Years of Construction Experience
32 Years
Education
A.S. Geotechnical Engineering
Undergraduate 3 years
Certifications
ACI Concrete Field-Testing Technician
Grade 1 No. 00994500
Troxler Nuclear Safety
OSHA, 10-Hour
Previous Certifications
ICC (Formerly ICBO)
ICBO Reinforced Concrete
ICBO Structural Masonry
ICBO Post Tension
Nondestructive Testing/Level II
NDE X-Ray Technician Level II
NDE Ultrasonic Level II
ATSSA Traffic Control Supervisor
North Dakota Department of Transportation
NDDOT Project Management
NDDOT Asphalt Inspection

NDDOT SWPPP
NDDOT Lab/Field Testing and Sampling
313

APPENDIX B
License and Certifications
314
315
316
317
318
319
320
321
322
323

APPENDIX C
Certificate of Insurance
324

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/28/2022
Edgewood Partners Insurance Center
P.O Box 2110
Rancho Cordova CA 95670
Amanda Cotton 775-954-0409 775-313-9653 [email protected] Continental Casualty Company 20443 BLACKEAGL Travelers Prop Casualty Co of America 25674 Black Eagle Consulting, Inc.
1345 Capital Blvd., Suite A
Reno NV 89502
The Phoenix Insurance Company 25623 Employers Preferred Insurance Company 10346 1648367923 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X
6801J553541 6/1/2021 6/1/2022
2,000,000
C
1,000,000 X
BA8R307231 6/1/2021 6/1/2022
B X X
CUP7132Y64A 6/1/2021 6/1/2022
5,000,000 5,000,000 X
10,000
D EIG291252802 10/16/2021 10/16/2022
X
1,000,000 1,000,000 1,000,000
A Professional Liability
Claims Made
Pollution Incident Liability
MCH288263279 3/22/2021 3/22/2022 Each Claim
Aggregate
Deductible
$2,000,000
$4,000,000
$30,000
**Pollution Incident Liability Insurance is a shared limit with the Professional Liability limit** Re: All Contracts/Written Agreements between the Certificate Holder and the Insured. Additional Insured: City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents and volunteers. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements. Notice of cancellation to the certificate holder applies per the attached endorsement. City of South Lake Tahoe 1740 D Street
South Lake Tahoe CA 96150 325
6801J553541
326
327
328
329
330
331
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective
Policy No.

Issued to Endorsement No.

Premium
By:

Carrier Code
(Ed. 4-84)
Authorized Representative
Countersigned at on
at 12:01 AM standard time, forms a part of
Of the
WC 00 03 13
© 1983 National Council on Compensation Insurance.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 10/16/2021
EIG 2912528 02
BLACK EAGLE CONSULTING, INC.

EMPLOYERS PREFERRED INS. CO.
31283
332
6801J553541 06/01/2021
333
6801J553541
06/01/2021
334

APPENDIX D
Professional Service Agreement
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: May 3, 2022
Agenda Item #: 8
Agenda Item: Professional Services Agreement with Willdan Engineering for On-Call Labor Compliance Specialist Services
Executive Summary: City Council will consider awarding a professional services agreement to Willdan Engineering to provide on-call labor compliance oversight services for City Public Works contracts for the 2022-2024 construction seasons.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Willdan Engineering for On-Call Labor Compliance Specialist Services in an amount not to exceed $137,398.

Responsible Staff Members: Randy Carlson, Associate Civil Engineer, and Mark Frisina, Resident Engineer
Responsible Staff Member: Randy Carlson, Associate Civil Engineer, (530) 542-6033 and Mark Frisina, Resident Engineer, (530) 307-9607
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report -PSA with Willdan.docx
02-Willdan Proposal.pdf
03-PSA with Willdan.pdf
353
Council Agenda Report- May 3, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: May 3, 2022
Title: Professional Services Agreement for On-Call Labor Compliance Specialist Services Location: Citywide
Responsible Staff Member: Randy Carlson, Associate Civil Engineer (530) 542-6033 Mark Frisna, Resident Engineer (530) 307-9607
Background: The Public Works Department routinely builds construction projects. As a part of public works construction contracts, the City must ensure that that all construction workers on a project are paid the prevailing wage rate. Many of these workers also participate in a worker’s union, so the City must also ensure that all union training and contribution requirements are adhered to. Overseeing these requirements can be a cumbersome process that requires specialized knowledge and extensive staff time that could otherwise be utilized to perform engineering and construction oversite work instead.

Issue and Discussion: The City typically enters into multiple construction contracts each year that require contractors to pay prevailing wage to their employees. The City is responsible for ensuring that appropriate wages are paid to each employee on a weekly basis, as well as to ensure that all mandated training and contribution requirements are being adhered to by contractors. This information is reported to the California Department of Industrial Relations (DIR), who oversees and enforces these requirements statewide. If contractors do not adhere to these laws, the DIR may impose penalties against them, or the City, for violations. DIR can also fine the City for not providing sufficient oversite or corrective actions immediately after they occur. This consultant will help ensure that the City and its contractor are compliant with these regulations.

On March 7, 2022, the Public Works Department advertised a Request for Proposals (RFP) for on-call Labor Compliance Specialist that will assist the City’s Resident Engineer. The RFP was advertised for four weeks on the Planet Bid. 282 vendors were notified and 17 firms registered and downloaded the RFP. The city received four proposals.

Table A below lists the firms that submitted qualifications.

Firm Location
1 Willdan Roseville, CA
2 DCM Group Sacramento, CA
3 Labor Compliance Services Burbank, CA
4 Meadows Consulting San Bernardino, CA
Table A – Firms submitting Proposals
354
Council Agenda Report- May 3, 2022 Page 2 of 3
All submittals received were distributed to three members of the evaluation team: Finance Department and Public Works. Each one of the team members independently evaluated, then numerically scored each proposal based on criteria outlined in the RFP. The scores of the evaluators were then added to achieve a cumulative score which provided the ranking.

Table B below lists the scoring/rank.

Rank Firm Cumulative Score
1 Willdan 272
2 DCM Group 260
3 Labor Compliance Services 258
4 Meadows Consulting 187
Table B – Cumulative Score and Rank
Upon review and scoring of the proposal submitted subsequent discussion, staff has determined Willdan, Inc. is capable and effectively understands the scope of work required to provide the services needed for the project as specified by the city. See Attachment 02 – Proposal.

The proposed agreement with Willdan Inc. for an on-call Labor Compliance Specialist will allow the City to retain the professional services of a consultant that would oversee these requirements on behalf of the City. The proposed contract would remain active for a three-year period. It will allow the City to issue a work order for each upcoming construction project, rather than issue a new RFP and offer a new contract for each individual construction project. This will expedite part of the construction management process for the Public Works Department.

Over the next three years, Public Works expects to construct the following projects and will utilize these services on the following construction contracts:

1. Lake Tahoe Boulevard Class I Bicycle Trail Project

2. Tahoe Valley Greenbelt Stormwater Improvement Project, Phase I and Phase II

3. Annual Road Rehabilitation Project 2022

4. Barton and 2nd Street Drainage Improvement Project

5. Annual Road Rehabilitation Project 2023

6. Pioneer Trail Pedestrian Improvement Project Phase II

7. Annual Road Rehabilitation Project 2024
Financial Implications: Willdan Inc. has proposed a cost schedule as outlined in the PSA in the total amount not to exceed $137,398. The Public Works Department proposes to initially fund this PSA with funds from account 301-50005-48030, the Road Overlay Program account. This account was selected because it will utilize this contract more than any of the other proposed construction projects. However, this account will not ultimately fund all of the proposed projects. Each construction project will pay for their portion of the services used as their funds become available, which is expected to be at the time of construction.

Environmental Considerations: There are no environmental considerations specific to retaining the services of an on-call Labor Compliance Specialist. Each construction project that the Public Works Department will assign this consultant to work on has already complied with CEQA, NEPA, or TRPA environmental requirements, as applicable to each project. 355
Council Agenda Report- May 3, 2022 Page 3 of 3
Policy Implications: Retaining the services of an on-call Labor Compliance Specialist will allow the City to expedite in-house construction oversite activities. The consultant will also help ensure that the City is compliant with regulations from the California Department of Industrial Relations, US Department of Labor, and Public Contract Code. 356
City of South Lake Tahoe
Proposal
April 4, 2022
On Call Labor Compliance Consultant Contract
Public Works Project No. PWC 22-30150005-02
Proposal No. 22-30150005-RFP#2
357
Transmittal Letter
April 4, 2022
Randy Carlson, Associate Civil Engineer
City of South Lake Tahoe
Department of Engineering
1740 D Street
South Lake Tahoe, CA 96150
Subject: Proposal for On Call Labor Compliance Consultant Contract Public Works Project No. PWC 22-30150005-02
The City of South Lake Tahoe (City) is seeking a certified labor compliance consultant to perform labor compliance monitoring, reporting, and enforcement for several projects under a three-year on-call consultant contract. Willdan Engineering (Willdan) is a California leader in the field of labor compliance, and we offer the most comprehensive range of services available, including assistance with:
 Federal Highway Administration (FHWA) projects administered through the California Department of Transportation (Caltrans) using forms and procedures in the Local Assistance Procedures Manual (LAPM), with or without Disadvantaged Business Enterprise (DBE) goals  State and locally funded projects, with apprenticeship, local hire, and small business enterprise requirements
 LCPtracker and other electronic payroll system administration services, including training, contractor assignment, document review, report generation, and payroll approval and acceptance  Assistance with investigations, reviews, and hearings with government agencies, including the California Department of Labor (DIR) Labor Commissioner and the U.S. Department of Labor (DOL) Willdan Experience
Willdan is capable of providing the full gamut of labor compliance monitoring and enforcement services for all projects in South Lake Tahoe’s future! Willdan has had extensive pertinent experience that will make us your ideal partner on your important upcoming projects.  Road Rehabilitation. Every year, Willdan monitors and enforces labor compliance requirements for annual street improvement and rehabilitation projects in the cities of Bell, La Puente, Paramount, and Westlake Village, among others.
 Stormwater, Greenbelt, and Flood Mitigation. Willdan was hired to provide labor compliance monitoring for three large-scale multi-million-dollar stormwater capture and park/greenbelt projects in the City of Lakewood (Bolivar Park, Mayfair Park, and San Martin Park), two of which are still under construction. We also provide ongoing assistance monitoring various storm drain and catch basin projects for the cities of La Puente, Lakewood, Ridgecrest, Bell, and Inglewood, as well as for the Gateway Cities, an organization of 27 local agencies in Los Angeles County.  Bicycle Trails. We have monitored and enforced labor compliance requirements for several bike trail projects in California, including a large “Rails to Trails” project in Rialto, the Richmond Boulevard Bikeway project in Ridgecrest, and the Red Route Bikeway and Foothill Boulevard Bikeway projects for La Cañada Flintridge. In addition, once design is complete, we will monitor construction of the West Santa Ana Bicycle and Pedestrian Trail for the City of Paramount. 358
City of South Lake Tahoe
April 4, 2022

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The Willdan Advantage
 Large Company with Boutique-Company Approach. We have the resources of a large company but are staffed by individuals who respect our clients' unique requirements and enjoy providing personal, hands-on service tailored to each client’s needs. Willdan employees seek to understand our clients’ goals, policies, and practices, and we make it our job to seamlessly complement city staff.
 Staff Quality and Longevity. Willdan recognizes that our employees are our most important resource – we provide them with professional development, flexibility, challenge, active listening, and recognition of the strengths they bring to our team. We have very low staff turnover; our proposed project team members have been with Willdan for an average of more than ten years.

When our employees are content and continue to excel, our clients reap the benefits.  Labor Compliance Expertise. Willdan staff members have been performing labor compliance monitoring and enforcement services for over 30 years, enabling us to develop an efficient compliance management system that is unparalleled in the country. This system, perfected through continual review and updates, maximizes efficiency and minimizes cost, providing our clients with the highest level of comfort about the progress of their projects, all at a reasonable price. We currently serve several dozen local and county agencies with the monitoring and enforcement of labor compliance standards on projects using a variety of federal, state, county, and local funds.

Willdan’s team includes a former DIR Senior Deputy Labor Commissioner and certified fraud examiner who has investigated numerous cases involving prevailing wage issues.  Systemic Knowledge. Willdan has worked directly with DIR to streamline the department’s investigation processes. We have consulted with the Caltrans Office of Civil Rights (OCR) to assist in developing the California State DBE Program and refine DBE forms for local agencies’ use. Our staff members have advised the County of Los Angeles Community Development Authority (LACDA) in editing and improving the library of labor compliance and Section 3 reference materials and forms for participating cities. Willdan staff currently assists nearly two dozen local agencies on DBE and Section 3 Program administration, assisting with the preparation and submittal of required documents and reports. We provide training for local agencies and contractors in virtually any laborcompliance related topic.

Ms. Jane Freij will serve as the Project Manager/Labor Compliance Officer for this assignment and will be the City’s main point of contact throughout the proposal process and the labor compliance services contract. She will be responsible for the delivery of services in accordance with the established Scope of Services. Ms. Freij can be reached by office phone at (562) 364-8490; by mobile phone at (714) 837- 8229; and by email at [email protected].

Willdan looks forward to assisting the City of South Lake Tahoe with the labor compliance monitoring and enforcement on your upcoming projects. As demonstrated in our proposal, our team possesses the skills and experience required to fully address the City’s needs.

Respectfully submitted,

WILLDAN ENGINEERING
Michael D. Bustos, PE, ENV SP Jane Freij
Deputy Director of Construction Management Labor Compliance Manager and Inspection Services
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Proposal for On Call Labor Compliance Consultant Contract 3 Table of Contents
Transmittal Letter..............................................................................................................................1 Table of Contents...............................................................................................................................3 Qualifications and Experience ............................................................................................................4 Scope of Work Understanding............................................................................................................5 Approach to Labor Compliance Monitoring Services ...........................................................................6 Key Staff............................................................................................................................................7 Compensation Schedule.....................................................................................................................8 Appendix – Resumes..........................................................................................................................9 360
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract 4 Qualifications and Experience
Willdan Engineering (Willdan), a California Corporation, is part of Willdan Group, Inc. (WGI), a NASDAQ publicly traded Delaware Corporation and nationwide firm serving more than 800 public agencies and private-sector clients. Founded in 1964 and headquartered in Anaheim, California, Willdan was originally established as a civil engineering firm specializing in providing solutions for our public agency clients. Since that time, we have evolved into a professional consulting firm offering a comprehensive and integrated approach to our clients’ planning, engineering, financial, economic, public facility, public safety, and energy sustainability needs.

Today, Willdan has over 1,400 employees throughout the United States, including 14 offices located in Northern, Central, and Southern California. Willdan has worked directly for over 98 percent of the cities and counties in California.

On a continuous basis for more than 30 years, Willdan has provided labor compliance monitoring and enforcement services for public works projects. Willdan is currently retained by over three dozen local and county agencies to provide labor compliance services on a variety of public works projects funded by local, county, state, and federal grants, and we serve as the third-party labor compliance officer for several multi-million-dollar joint venture efforts between the City of Los Angeles and Skid Row Housing Trust to build affordable housing.

Willdan is familiar with electronic payroll entry and monitoring software, including LCPtracker, and we have provided training in its use. We regularly prepare a variety of labor compliance reports for and on behalf of our clients. Many projects have been audited directly by federal and state authorities and have received the government’s highest approval. Our personnel are considered experts in the field and are consulted regularly by government authorities on process and procedure development.

Willdan has developed a proprietary system with procedure manuals containing checklists and instructions for monitoring labor compliance in accordance with various funding source guidelines. The manuals outline specific procedures required of grantees and contractors for compliance and approval and are structured to provide for immediate updating as requirements evolve.

Sample forms and form letters have
been developed for nearly all possible
situations; these forms are valuable tools for the timely management of labor and contractual requirements. Willdan implements projects effectively and efficiently, with complications in project advancement and funding approval virtually nonexistent. We save our client cities both time and money. We recognize and appreciate that there is nothing more valuable than a successful project outcome.

Client relationships are vitally important to Willdan. Our mission is to achieve business success by delivering superior quality services to our clients. Our references are our best advocates. Following are several long-term clients who can confirm that Willdan is a highly effective labor compliance officer and valuable project partner:

Willdan advantages include:
 Labor Compliance Services
have been a key component of
Willdan's business for over 30
years.
 A tried and true system,
perfected through continual
review and updates,
maximizes efficiency and
minimizes cost, providing our
clients with a high level of
comfort and satisfaction.
 With experience that counts,
Willdan currently is assisting
over three dozen local and
county agencies with the
monitoring and enforcement
of Labor Compliance
Standards.
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City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract 5 City of Lakewood
Client Project Manager: Project Dates:

Max Withrow
Assistant Director of Public Works
(562) 866-9771
2015 – Present
Staff:

Mike Bustos, Jane Freij, David Woolley, Amanda Perez
City of Cerritos
Client Project Manager: Project Dates:

Dario Simoes, PE
Assistant City Engineer
(562) 916-1219
2015 – Present
Staff:

Jane Freij, Amanda Perez
City of Ridgecrest
Client Project Manager: Project Dates:

Travis Reed
Public Works Director/Acting City Engineer
(760) 499-5080
2015 – Present
Staff:

Mike Bustos, Jane Freij, Amanda Perez
City of La Puente
Client Project Manager: Project Dates:

John DiMario
Director of Development Services
(626) 855-1517
2015 – Present
Staff:

Jane Freij, Amanda Perez
City of Paramount
Client Project Manager: Project Dates:

Sarah Ho
Deputy Director of Public Works
(562) 220-2020
2015 – Present
Staff:

Jane Freij, David Woolley, Amanda Perez
Scope of Work Understanding
Willdan understands that the City is expecting to bid and construct the following seven projects during the next three years:

Year Project Name Budget Calendar Days
2022
Lake Tahoe Boulevard Class I Bicycle Trail $4,630,000.00 168 2022 Road Rehabilitation Project $3,000,000.00 56
Tahoe Valley Greenbelt Phase I $7,000,000.00 168
2023
2023 Road Rehabilitation Project $3,000,000.00 56
Tahoe Valley Greenbelt Phase II $6,000,000.00 168
Barton & Second Flood Mitigation Project $1,700,000.00 120 2024 2024 Road Rehabilitation Project $3,000,000.00 56
We understand that construction is expected to take place between May 1 and October 31 of each year, with no work during the months of November through April. The projects will receive funding from a variety of local, state, and federal sources.
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City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract 6 Approach to Labor Compliance Monitoring Services
Following is a general scope of work for a typical public works project. Tasks may be adjusted or eliminated depending on the requirements of the funding source(s).  Review and update labor compliance components of project specifications to ensure adherence to current labor regulations and requirements. Assist City with calculation of DBE goal, if applicable.  Attend pre-bid conference to present general bid preparation, prevailing wage, and DBE program requirements.
 Verify applicable wage determination ten (10) days prior to bid opening (federal) or on initial advertisement (state/local); document verification as required. If wage determination has changed from what appears in project specifications, provide addendum for dissemination to plan holders.  Verify eligibility of selected contractor and its subcontractors to receive contract awards by confirming current, active license status with Contractors State License Board; current registration with DIR; current, valid contractor’s bond and workers’ compensation coverage; non-appearance on Federal List of Parties Excluded and State Division of Labor Standards Enforcement debarment lists.

Assist City with evaluation of DBE Good Faith Efforts, if applicable.  Attend preconstruction conference to present labor compliance requirements to contractor and subcontractors; prepare minutes and attendance record thereof.  Verify and document jobsite posting of wage rate information and labor compliance posters.  Coordinate with City Resident Engineer/Resident Inspector (RE/RI) site visits to monitor workforce utilization and perform labor compliance interviewing of employees on site, using appropriate forms, in the correct frequency and of the proper work classifications, as required.  Receive and review documentation from public works observers or inspectors; compare with contractor-submitted documents. Continuously monitor contractor-submitted documentation, through electronic payroll software or direct submission, including weekly certified payroll reports, fringe benefit statements, apprenticeship documentation (certifications, DAS-140, DAS-142, training fund payments), and deduction authorizations. Monitor monthly DBE submissions, as needed.  Follow up with contractor by telephone, email, and/or certified mail regarding document submittals and payroll discrepancies; provide detailed description of alleged deficiencies; outline corrective action to be taken; and enforce regulatory deadlines for compliance.  Receive, pursue, and document labor complaints; prepare violation reports to oversight agencies as required; recommend special action to be taken if contractor continuously fails to comply with requests and requirements.
 Coordinate with City staff the withholding of progress and/or retention payments if contractor fails to abide by labor compliance requirements.
 Prepare monthly, quarterly, semi-annual, and annual reports, as needed, for the City's progress payments and internal use, as well as for submission to government authorities and funding source(s).
 Maintain content and format of labor compliance file in conformance with applicable government requirements.
 Coordinate project file reviews and audits by authorized local, county, state, and federal agencies; participate in hearings before the DIR/Labor Commissioner, DOL, or other official entity.  Submit complete labor compliance file to City for retention. 363
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract 7 Key Staff
Although overall firm credentials and experience are important, the key to success on any assignment is the caliber and depth of experience and the overall professionalism of the individuals assigned to the team. A successful partnership requires technical expertise and effective coordination with City staff to ensure the services provided meet the City’s expectations. Willdan’s proposed team is as follows:

Michael Bustos, PE, ENV SP
Education/Certification/License
 BS, Civil Engineering (Magna Cum Laude),
California Polytechnic State University, San
Luis Obispo
 Caltrans Resident Engineer Academy
 Civil Engineer, California No. 73173
 Envision Sustainability Professional, Institute
for Sustainable Infrastructure
Mr. Michael Bustos, PE, ENV SP, will serve as the Principal-inCharge for the contract and any projects awarded to Willdan.

Mr. Bustos has 21 years of experience in construction
management and is Deputy Director of Construction
Management and Inspection Services. He has a deep
understanding of the intricacies of local agency construction projects and a proven record of successful project completion.

Jane Freij
Education/Certification
 BA, Linguistics, University of Kansas (Summa
Cum Laude)
 Attorney Assistant Training Program,
Litigation/Corporations Certificate
University of California, Los Angeles (with
honors)
 Member, Phi Beta Kappa
Ms. Jane Freij will serve as Project Manager for the contract and for individual projects assigned. Ms. Freij has over 30 years of experience in labor compliance and legal work and will be responsible for the delivery of services in accordance with the established Scope of Services. Ms. Freij will supervise and be fully responsible for all labor compliance activities and will serve as the City’s primary contact.

David Wooley, PLS
Education/Certification
 Former Senior Deputy Labor Commissioner
with the California Department of Industrial
Relations
 Certified Fraud Examiner
 Instructor, Santiago Canyon College
Courses: Ethics, Business & Professions
Code, ALTA/NSPS Courses, Copyright Law
 Professional Land Surveyor, California PLS
7304, Nevada PLS 13299
Mr. David Woolley, PLS will serve as Labor Compliance
Specialist, assisting with payroll and document review and remaining available to assist the City RE/RI and the rest of the team with site visits to monitor workforce utilization and verify employee rates of pay for purposes of ensuring that workers are not misclassified, underpaid, or otherwise
mistreated.

Amanda Perez
Education/Certification
 AS, Human Resources Management, Mount
San Antonio College
 AS, Business Administration, Mount San
Antonio College
 Certificate of Achievement, Business
Management I-III
 Certificate of Achievement, Human
Resources Management I-III
 Certificate of Achievement, International
Business I
Ms. Amanda Perez will serve as Labor Compliance Specialist.

Ms. Perez has over 12 years’ experience. She monitors labor compliance projects to ensure conformity to Federal and State regulations and regularly assists the manager with larger-scale labor compliance contracts. She currently
supports 13 engineers and conducts comprehensive audits of projects for the Director of Construction Management &
Inspection Services for accuracy and compliance. She will provide payroll and supplemental document review services.

Micah Chen
Education/License
 JD, Western University, College of Law
 BA, International Economics, University of
California, Los Angeles
 Licensed by California State Bar Association
Mr. Micah Chen will serve as Legal Advisor to the team. Mr.

Chen, with 25 years of legal experience, will support the team in matters requiring a legal opinion or legal advice. He currently serves as General Counsel to Willdan Group, Inc. (WGI) and has experience with public sector clients.

Resumes for these individuals are in the Appendix.
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City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract 8 Compensation Schedule
Following are the hourly rates for the positions and personnel noted in this proposal:

Classification Hourly
Rate
Our firm offers you the most
efficient and effective labor
compliance monitoring team
available.

We will consistently deliver
successful projects – and that is
invaluable.

Labor Compliance Officer/Project Manager
Jane Freij $158
Labor Compliance Specialist
David Woolley, Amanda Perez $126
Labor Compliance/Administrative Assistant
To be determined and assigned $100
Principal-in-Charge
Mike Bustos $214
Legal Advisor
Micah Chen $250
All rates are inclusive of vehicle mileage, office supplies, postage, overhead, and use of computers, photocopiers, and other equipment. Air travel and travel time will be at additional cost.

Willdan anticipates that typical labor compliance monitoring and enforcement services would be provided by the Labor Compliance Officer, Labor Compliance Specialists, and Labor Compliance/ Administrative Assistant. The Principal-in-Charge and Legal Advisor are not anticipated to be involved in routine activities but would be available in the event of extraordinary circumstances. Below is our anticipated fee proposal, identifying the personnel, billing rates, number of hours, and costs - per project, per year, and overall.
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Proposal for On Call Labor Compliance Consultant Contract 9 Appendix – Resumes
Key Staff Resumes
The following pages contain the resumes for our key team members:
 Michael Bustos, PE, ENV SP
 Jane Freij
 David Woolley, PLS
 Amanda Perez
 Micah Chen, Esq.
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City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract Michael D. Bustos, PE, ENV SP
Principal-in-Charge
Profile Summary
Education:  BS, Civil Engineering (Magna Cum Laude), California Polytechnic State University, San Luis Obispo  Caltrans Resident Engineer Academy
Certification:  Civil Engineer, California No. 73173
 Envision Sustainability Professional, Institute for Sustainable Infrastructure Experience: 21 years
Mr. Michael Bustos is Deputy Director of Construction Management and Inspection Services and is responsible for construction management, analysis, design, and plan review of roadway reconstruction, bicycle paths, drainage, water and sewer pipeline, pavement rehabilitation, street, traffic signal, landscaping and irrigation, grading, and ADA improvement projects for public agencies. He has served as construction manager or resident engineer for over 100 public works projects for various agencies throughout California and possesses over 21 years of public works design and construction management experience. Mr. Bustos has valuable experience in on-site construction management, off-site construction administration, inspection, design, and plan checking. His expertise includes coordinating materials testing and compliance checks for certified payroll documents relative to current prevailing wage laws and ensuring compliance with federal funding requirements as applicable.

Relevant Project Experience
Foothill Boulevard Link Bikeway and Pedestrian Greenbelt, City of La Canada Flintridge, CA. Resident Engineer. Willdan is providing construction management, inspection, materials testing, labor compliance, and federal funding administration services for this $4 million federally funded project. The project includes the construction of approximately ½-mile of new Class I bicycle and pedestrian paths, 2 miles of Class II bike lane with bicycle amenities, raised medians, bus stops, cold milling, ARHM overlay, signage and pavement delineation, curb and gutter reconstruction, drainage system improvements, traffic signals modifications and installations, street lighting, and streetscape beautification with narrowed travel lanes to enhance bike and pedestrian mobility.

Richmond Road Bike Path, City of Ridgecrest, CA. Resident Engineer. Willdan provided design, bidding assistance, construction management, inspection, materials testing, and labor compliance services for this $250,000 TDA grant-funded bike path project on Richmond Road from Ridgecrest Blvd (SR 178) to approximately 500 feet south of Upjohn Ave. The project included an approximate ½ mile extension of the existing Class I Bowman Bike Path. The construction required procurement and compliance with a Caltrans encroachment permit as well as utility relocations grading curb ramps signing and striping.

Annual Pavement Rehabilitation, City of Palm Springs, CA. Construction Manager. Through our on call contract with the City, Willdan provided construction management, public works inspection, and material testing services for the City’s 2015 $10 million Citywide Pavement Rehabilitation Project, 2016 $6 million Citywide Pavement Rehabilitation Project and $1.8 million 2015 Citywide Annual Slurry Seal Project. The projects generally involved pulverizing of the existing street sections, grading of the pulverized section, cement treatment, asphalt paving, micromilling, application of slurry seal, ADA ramps, traffic markings, and other appurtenant work for over 150 streets throughout the city.

Annual Street Resurfacing Project, FY 19/20, City of Westlake Village, CA. Project Manager. Willdan provided construction management, inspection, and material testing services for the City’s $1.1 million annual street resurfacing project. The FY 19-20 project included cold milling, digouts, asphalt concrete hot mix overlay, ARHM overlay with high tensile fiber, slurry seal, tree root repairs, utility cover adjustments, curb ramps, curb and gutter repairs, and pavement delineation. This year’s project 367
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract included overlay on Lindero Canyon Rd between Thousand Oaks Blvd and Via Colinas, and slurry seal improvements on Agoura Rd and Lindero Canyon Rd between Triunfo Canyon Road and Lakeview Canyon Rd.

Annual Street Resurfacing FY 20-21, City of Westlake Village, CA. Project Manager. Willdan provided construction management, inspection, material testing, and labor compliance services for annual street resurfacing improvements on Agoura Road and Lindero Canyon Road. Mr. Crocker was responsible for daily observation of the construction activities, public outreach, coordination of materials testing, tracking quantities, and ensuring that the improvements were constructed in accordance with the approved plans and specifications.
2018 Annual Resurfacing Project, City of Rolling Hills Estates, CA. Quality Assurance Manager responsible for oversight of construction management, inspection, material testing, and labor compliance services for the City’s locally-funded 2018 Annual Resurfacing Project. The streets in this project included Bluemound, Elmdale Drive, Kingspine Road, Latigo Lane, Rollingwood Drive, and Palos Verdes Drive North.

STPL Resurfacing Project, City of Fillmore, CA. Resident Engineer responsible for oversight of bidding assistance, construction management, inspection, material testing, labor compliance, and federal funding administration services. This federally funded project involved rehabilitation of six neighborhood street segments, sidewalk, curb and gutter repairs on seven streets, and ADA compliant curb ramp improvements for the treated street segments. The improvements encompassed miscellaneous concrete repairs, asphalt concrete pavement repairs, cold milling, ARHM overlay, utility adjustments, pavement delineation, and traffic detector loops.

Neighborhood Streets Resurfacing and Sidewalk, Curb and Gutter Repair Project, City of Fillmore, CA.

Project Manager. Willdan provided construction management, inspection, and testing for this street resurfacing project involving overlay and slurry seal on Third Street, Old Telegraph Rd, and Wileman Street. The project included the asphalt concrete hot mix repairs, cold milling, PCC improvements, ARHM overlay, slurry seal, and striping.

Heritage Valley Parks Tract 5520 Offsite and Onsite Improvements, City of Fillmore, CA. Project Manager. Willdan is providing inspection services for the developer-built and City-maintained onsite utilities, and other public improvements associated with construction of residential Tract No. 5520. The offsite improvements included 1,750 LF of double RCB, 1,100 LF of single RCB, 800 LF of open channel, 600 LF of RCP, and levee modifications. The onsite improvements encompass all wet and dry utilities street and drainage improvements landscaping and irrigation and roadway structural sections to support the 497-unit development. A third contract included constructing a new Pole Creek Bridge across an existing waterway.
9th Street Improvements, City of Highland, CA. Resident Engineer responsible for oversight of Willdan’s utility coordination, construction management, inspection, materials testing, labor compliance, and federal funding administration services for the City of Highland’s HSIP project to construct 2.5 miles of street improvements on 9th Street between Del Rosa Drive and Palm Avenue. The improvements included street widening at specific locations; paving and slurry sealing and existing pavement; restriping the project limits to incorporate two 13-foot through lanes 12-foot two way left turn lane 5- foot Class II bicycle lanes and 8-foot parking lanes on the north side; installing pedestrian count down heads at five signalized intersections; and installing an in-pavement-roadway-lighting (IRWL) system with advance flashing beacons.
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Proposal for On Call Labor Compliance Consultant Contract Jane E. Freij
Project Manager/Labor Compliance Officer
Profile Summary
Education:  BA, Linguistics (Summa Cum Laude), University of Kansas Certification:  Attorney Assistant Training Program, Litigation/Corporations Certificate University of California, Los Angeles (with honors)
Experience: 30 years
Ms. Jane Freij is an experienced Project Manager/Labor Compliance Manager with a proven record of profitability achieved through comprehensive and effective management of time and budget. Key areas of expertise include initiating and responding to enforcement actions, grant funding applications, scheduling and budgeting, contract administration/negotiation, legal documentation, invoicing, policy and procedure development, and writing and editing. As a Supervising Labor Compliance Manager, Ms.

Freij provides labor compliance monitoring and enforcement services for federally funded projects under FHWA, FTA, EPA, DOE, and HUD, as well as state- and locally funded public works projects. She has specialized training from the Office of Inspector General (OIG) in reporting requirements and fraud detection and prevention procedures. Ms. Freij is intimately familiar with the California Local Assistance Procedures Manual (LAPM) and assists numerous agencies with Disadvantaged Business Enterprise (DBE) Program development and administration.

Experience prior to joining Willdan includes 4 years with Edison Enterprises, where Ms. Freij served under a staff attorney, negotiating contracts and enforcing contractual compliance. Ms. Freij has a strong legal background as a senior paralegal in real estate, land development, and contract law.

Relevant Project Experience
Various Cities, Federal Highway Administration (FHWA) Labor Compliance – Ms. Freij has provided supervisory labor compliance services in the following cities:
 Azusa
 Baldwin Park
 Bell Gardens
 Bellflower
 Brea
 Burbank
 California City
 Calimesa
 Coachella
 Coalinga
 Commerce
 Corona
 Cudahy
 Davis
 Hawaiian Gardens
 Highland
 Huntington Park
 Inglewood
 Irwindale
 La Cañada Flintridge
 La Mirada
 La Puente
 Lakewood
 Manhattan Beach
 Maywood
 Monterey Park
 Orange
 Paramount
 Pico Rivera
 Pinole
 Pomona
 Rancho Palos
Verdes
 Rialto
 Ridgecrest
 Rolling Hills Estates
 Rosemead
 Santa Clarita
 South Gate
 South Pasadena
 Thousand Oaks
 Westlake Village
 Winters
 Yorba Linda
Various Cities, U.S. Department of Housing and Urban Development / Community Development Block Grant (CDBG) Labor Compliance – Ms. Freij has provided supervisory labor compliance services for projects administered by the U.S. Department of Housing and Urban Development (HUD) and the Los Angeles County Community Development Authority (LACDA) in the following cities:
 Anaheim
 Bell Gardens
 Burbank
 Calimesa
 Cerritos
 Commerce
 Fillmore
 Hawaiian Gardens
 La Mirada
 Lawndale
 Norwalk
 Orland
 Paramount
 Pico Rivera
 Redondo Beach
 Rosemead
 San Marino
 Sierra Madre
 South El Monte
 South Gate
 Whittier
369
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract La Brea Avenue Pavement Reconstruction, Phases II and III, City of Inglewood, CA. Ms. Freij was the Labor Compliance Officer for these federally funded projects, with a combined construction cost of $12 million, funded through the Federal Highway Administration (FHWA) and administered through the California Department of Transportation (Caltrans). The projects involved full pavement removal, AC overlay, PCC improvements (sidewalks, driveways, median curbs, utility frame cover adjustments, bus pads and ADA-compliant curb ramps), landscaping, an irrigation system, and signing and striping. Ms.

Freij was responsible for enforcing compliance with prevailing wage and DBE requirements.

Pacific Electric Inland Empire Bicycle Trail (“Rails to Trails”), City of Rialto, CA. Ms. Freij was the City’s Labor Compliance Officer for this $3.5 million project to construct the final slightly over one-mile portion of a 21-mile bicycle trail linking six cities along the abandoned Pacific Electric Railroad Line. The project was funded through FHWA with Caltrans oversight and involved the construction of an 11-foot-wide bicycle trail with a two-foot shoulder on each side, including hardscaping and landscaping, drainage and utility improvements, and lighting and pedestrian crossings.

Lakewood Stormwater and Runoff Capture Projects at Bolivar and Mayfair Parks, Lakewood, CA. Ms.

Freij served as the City’s Labor Compliance Officer for these two state- and locally-funded projects, at a total cost of $20 million, which installed state-of-the-art underground diversion, treatment, storage, and pumping systems that redirected all urban and stormwater runoff from adjacent flood control channels and, after treatment, used it to irrigate landscaped greenbelt areas in the parks.

Street Rehabilitation Project, City of Thousand Oaks, CA. Ms. Freij served as the Labor Compliance Officer, enforcing prevailing wage requirements, monitoring certified payroll submittals, and reconciling site reports. The project was constructed with a $3-million FHWA grant and involved cold milling, ARHM overlay, cold-in-place recycling, PCC improvements, and ADA-compliant ramps. The project was constructed under critical time constraints, as the finish line for the Amgen Tour de California Bike Race was within the project limits.

Foothill Boulevard Link Bikeway and Pedestrian Greenbelt Project. Ms. Freij is the City’s Labor Compliance Officer, providing compliance monitoring and enforcement services on this $4-million project, funded by an FHWA/Caltrans grant with local matching funds, involving the construction of 2½ miles of Class I and Class II bike route.

Los Angeles River Catch Basin Retrofit, Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority. Ms. Freij served as the Labor Compliance Officer and federal reporting liaison for this $10.8 million project involving the installation of 11,560 trash-collecting catch basin inserts in 16 local agency jurisdictions along the Los Angeles River. The project was funded through the U.S.

Environmental Protection Agency (EPA) and was administered by the State Water Resources Control Board.

Annual Arterial and Neighborhood Street Rehabilitation, City of Paramount, CA. Ms. Freij has assisted the City for the past two decades in monitoring and enforcing labor compliance requirements for its annual programs to rehabilitate arterial and neighborhood streets citywide.

Red Route Bikeway, City of La Cañada Flintridge, CA. Ms. Freij provided federal labor compliance monitoring and enforcement and DBE compliance services on this project, which constructed a 3.5-mile bike lane/bike path along various city streets from the west city limit to the east city limit at a cost of $2 million.

Multi-Agency Bio-Retention Catch Basin Installation, Gateway Cities Management Agency. Ms. Freij served as project manager and quality control manager for a multi-million-dollar Proposition 84 funded project that installed “Filterra” bio-retention systems in catch basins throughout ten local agencies. 370
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract David E. Woolley, PLS
Labor Compliance Specialist
Profile Summary
Education:  Survey & Mapping Coursework at Santiago Canyon College Courses: Ethics, Business & Professions Code, ALTA/NSPS Courses, Copyright Law and Land Surveying Certification  Former Senior Deputy Labor Commissioner (DLC III)  Certified Fraud Examiner
 Professional Land Surveyor, California PLS 7304; Nevada PLS 13299  Expert in over 50 court cases involving land surveying, land title and professional negligence issues  Qualified as an expert witness in state and federal court  Author of a white paper series on land surveyor liability  Instructor for “Ethics, Standards of Care, and the California Business & Professions Code” for Land Surveying Program at Rancho Santiago College – designed course Experience: 30 years
Mr. David Woolley is an expert in labor law enforcement and investigations. With over four years of government experience investigating claims to evaluate compliance with the law, he is intimately familiar with labor compliance requirements, typical and uncommon deficiencies and violations, and remedies. He has interviewed workers, gathered relevant facts, applied theories of liability, and conducted settlement conferences to resolve disputes prior to adjudication of claims; assessed violations; and educated the public and law enforcement on applicable labor law. In addition, he has enforced wage and hour laws in the Wage Claims Adjudication (WCA) program, computing amounts due and preparing and coordinating referrals to the Legal Unit.

Expertise
Certified Fraud Examiner. Mr. Woolley has examined wage and labor disputes on behalf of the State of California Department of Industrial Relations, providing analyses that led to rulings, fines, and penalties assessed against contractors who failed to comply with labor standards relating to construction trade work classification rates, misclassifications, under-reporting, overtime, and fringe benefits.

Mediation. Mr. Woolley has sought additional education and certification from UC Irvine to provide a key role in Alternative Dispute Resolution (ADR) between conflicting parties, providing resolution assistance to private parties and public agencies, thereby avoiding costly and time-consuming litigation.

Expert Testimony. Mr. Woolley has been qualified as an expert witness to testify at trial in both California and in the United States Federal Courts. Mr. Woolley has served as an expert witness for the United States in a case with damages in the hundreds of millions of dollars. The 40+ land surveying cases for which Mr. Woolley has been retained involve:
 Encroachments
 Trespass
 Landslide
 Surveyor negligence and standard of care
 Q&A for depositions
 Preparation for deposition
 Review of deposition transcripts
 Writing technical reports
 Technical review of settlement documents
 Preparing declarations
 Exhibits
 Trial preparation
Expert Witness, Testimony and Standard of Care in Litigation Matters. Mr. Woolley is a recognized authority in mapping and boundary surveying. He has been involved in a few of the largest surveys undertaken in Southern California over the past two decades. He is well versed in state laws, local ordinances, and standards of practice and is often consulted, as a specialist, by several large surveying and engineering firms in Southern California. Mr. Woolley’s regularly works with City and County staff members to provide QA/QC, oversight, and coordination with engineering staff and city inspectors. 371
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract Complex Boundary and Title Review Issues. Acting extensively as an expert witness and consulting expert in various cases, Mr. Woolley assists in understanding and analyzing real property boundary and land title issues, fraud, standard of care, and professional negligence issues.

Expert Review. Mr. Woolley was the former supervisor of the Record of Survey, Parcel Map and Tract Map Submittals Section of the Orange County Surveyor's office, responsible for compliance with state laws, local ordinances, and boundary determinations, reviewing over 1000 Tract Maps, 500 Parcel Maps, and 300 Records of Survey.

Peer Consultant. Mr. Woolley is recognized throughout California as a boundary and title expert. He is often asked to review and/or perform surveys for other Professional Land Surveyors (peer review), particularly when such projects may be subject to litigation.

Relevant Project Experience
Water and Sewer Improvement Project, City of Glendora, CA. Survey/Mapping Review. Willdan is providing design engineering services for street and water improvements on Cumberland Road, Palomar Drive, Lone Hill Avenue, Amelia Avenue, Country Club Drive, and Country Club Vista.

Land Development Review Services, City of Santa Paula, CA. Survey/Mapping Review. Willdan is providing consulting services relating to land development services including plan check, permits, and inspection services.

Lakewood Boulevard Improvement Project, City of Downey, CA. Survey/Mapping Review. Willdan is providing engineering services to design a series of street improvements consisting of pedestrian circulation enhancements and traffic signal upgrades along Lakewood Boulevard.

Landscape Medians, City of Lakewood, CA. Survey/Mapping Review. Willdan was retained to prepare landscape and irrigation construction drawings, specifications and cost estimate for the replacement of roadway medians at eleven locations.

On Call Plan Review Services, City of El Monte, CA. Survey/Mapping Review. Willdan provided on-call services to the City of El Monte including civil plan checking services for private development projects within the City. Our services included the review of tract and parcel maps as the city contract surveyor.

Roadside Bridge Widening Project, City of Agoura Hills, CA. Survey/Mapping Review. Willdan provided professional services for preliminary engineering including completion of NEPA/CEQA, Right of Way, Utility Coordination, and Final Design PS&E.

Survey and Mapping Services, City of Inglewood, CA. Survey/Mapping Review. Willdan provided map checking and legal description checking for the City of Inglewood’s engineering department. Willdan was heavily involved in checking various items for the SoFi Stadium project.

Survey Services, City of Lakewood, CA. Survey/Mapping Review. Willdan performed a topographic survey and partial boundary survey at Lakewood Equestrian Park.

Plan Check Services, City of Rialto, CA. Survey/Mapping Review. Willdan is providing the City of Rialto with on-call plan checking services on engineering plans and studies that are submitted for review by the development community. Willdan is working with the City to develop an electronic plan check process to allow for all electronic submittals.

Project Management as Long Beach City Surveyor. Mr. Woolley served as the Interim City Surveyor for the City of Long Beach, the 7th largest city in the state. He was responsible for the land surveying functions of preparing right of way documents (e.g., vacations, dedications, acquisitions) or checking the same when prepared by consultants, private property developers, or other agencies. Additionally, as the Contract City Surveyor, he reviewed all right of way and land surveying work for compliance with state laws. This required familiarity with the laws and the ability to work with private engineers, surveyors, owners, developers, and other agencies while protecting the best interests of the City. 372
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract Amanda Perez
Labor Compliance Specialist
Profile Summary
Education:  AS, Human Resources Management, Mount San Antonio College  AS, Business Administration, Mount San Antonio College Certification:  Certificate of Achievement, Business Management I-III  Certificate of Achievement, Human Resources Management I-III  Certificate of Achievement, International Business I
Experience: 12 years
Ms. Perez currently performs labor compliance monitoring and enforcement services on a variety of local, county, state, and federally funded projects. She verifies that all primary and subcontractors possess active licenses and certifications. She establishes communication with primary contractor(s) concerning prevailing wage requirements and documentation requirements. She monitors that all certified payrolls are submitted on a timely basis, as well as audits payrolls during the life of the project for compliance and discrepancies concerning prevailing wage, certifications, non-performance, underpayments, and journeyman to apprentice ratios, and use of job classifications. She ascertains the submittal of training fund contributions and audits fringe benefits statements to ensure proper payment. Ms. Perez responds to inquiries concerning labor compliance rules and requirements and resolves all compliance-related issues. She reviews forms and reports from field personnel to ascertain missing CPRs, correct usage of classifications, and apprentice / journeyman ratios, as well as maintains files and all required documentation in accordance with applicable governmental requirements and organizes and prepares labor compliance files for submission to clients.

Ms. Perez also supports the Construction Management and Inspection Department and is responsible for issuing invoicing, progress payments, and schedules and for maintaining detailed, accurate records.

She conducts comprehensive audits of projects for accuracy and compliance.

Relevant Project Experience
Dolphin Avenue Improvements, CML-5385 (064), City of Ridgecrest, CA. Labor Compliance Specialist.

Willdan is providing project management, contract administration, construction observation, utility coordination, material testing and labor compliance services for the Dolphin Avenue Improvements Project, CML-5385 (064).

Various Street Improvements FY 20-21, City of La Puente, CA. Labor Compliance Specialist. Willdan is providing construction management, construction observation, and labor compliance services for the City’s street improvement project. The project consists of cold milling existing pavement, removal and reconstruction of curb and gutter, adjustment of manholes, installing truncated domes, and ARHM overlay.

Ayala Drive Street Improvement and Traffic Signal Project HSIPL 5205 (022), City of Rialto, CA.

Administrative/Labor Compliance Assistant. The project involved the reconstruction of Jerry Eaves Park north parking lot, overlay of Ayala, construction of new landscape medians, installation of two new traffic signals, with a construction cost of approximately $5,200,000. Audited Construction Management File to ensure Federal compliance. Willdan provided construction management, public works inspection, labor compliance, material testing, and federal invoicing for the project.

Residential Street Overlay FY 2017-2018, City of Hawaiian Gardens, CA. Labor Compliance Assistant.

Responsible for providing labor compliance services for this Community Development Block Grant (CDBG) project, with a project cost of approximately $505,000, administered through the Los Angeles Community Development Commission (LACDC).
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City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract Downs Street Widening, City of Ridgecrest, CA. Labor Compliance Specialist. Willdan provided civil and traffic engineering design, environmental compliance, right-of-way acquisition, and bidding assistance and is providing resident engineering, construction management, inspection, quality assurance materials testing, federal funding administration, and labor compliance services for widening improvements to close a 1,500-foot gap between Ridgecrest Boulevard and Upjohn Avenue. The project's goal was to widen the narrow street segment to an ultimate width to match the other previously widened segments at both ends. The project was split into two phases – east and west – for funding purposes.

Cooperative City/County Pavement Rehabilitation Ward Street, Cooley Street, 6th Street, and Tippecanoe Project, City of Highland, CA. Labor Compliance Specialist. Willdan is providing construction management, construction observation, construction surveying, materials testing, and labor compliance services for the project. This project involves pavement rehabilitation including pavement griding, cold central plant recycling, pavement removal and replacement, and asphalt rubber overlay.

CDBG Pavement Improvements – Section E, City of Highland, CA. Labor Compliance Specialist. Willdan is providing project management, construction administration, and labor compliance services on this $700,000 HUD/CDBG project. This project involves pavement rehabilitation including pavement griding, cold central plant recycling, pavement removal and replacement, and asphalt rubber overlay.

Reconstruction of McGee Alleys, City of Whittier, CA. Federal Labor Compliance Assistant. Responsible for providing labor compliance services for this Community Development Block Grant (CDBG) project, with a project cost of approximately $225,000 and administered through the Los Angeles Community Development Authority (LACDA).

Sidewalk Improvements Citywide, City of Pico Rivera, CA. Federal Labor Compliance Assistant.

Responsible for providing labor compliance services for this Community Development Block Grant (CDBG) project, which involved removing and replacing ADA-compliant wheelchair ramps citywide and which had a project cost of approximately $234,000 and was administered by the Los Angeles Community Development Authority (LACDA).

Traffic Signal at 12 Locations, City of Lynwood, CA. Labor Compliance Assistant. Responsible for providing labor compliance services for this $1 million traffic signal improvements project funded with Proposition C funds and subject to State of California Department of Industrial Relations (DIR) labor compliance and prevailing wage requirements.
374
City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract Micah Chen, Esq.

Legal and Risk Management Advisor
Profile Summary
Education:  JD, Western University, College of Law
 BA, International Economics, University of California, Los Angeles License:  Licensed by the California State Bar Association Experience: 20 years
Mr. Micah Chen has extensive experience in providing legal and risk management services to public entities. As General Counsel for the Willdan Group, Inc., he provides the following services:
 Contract Drafting and Negotiation
 Contract and Document Review
 Risk Mitigation Design
 Alternative Dispute Resolution
 Claims and Settlement Negotiation
With over two decades of experience in risk management, Mr. Chen is intimately familiar with the legal issues and challenges facing public entities, including municipalities, counties, and the State of California. His involvement at critical junctures gives clients confidence that their projects will be completed on time, within budget, and claim-free.

Mr. Chen works directly with members of the Willdan team to ensure the delivery of a successful project. He provides final review services for documents requiring legal review and is available for meetings and consultations with clients and enforcement agencies at the County, State, and Federal levels as requested.

Prior Experience
Prior to joining Willdan, Mr. Chen served as Managing Director of Aon Corporation, a risk management consulting and fortune 200 firm. In this capacity, he led a team of consultants at Aon and served many top ENR firms that perform work for federal, state and municipality clients. 375
2240 Douglas Boulevard, Suite 270
Roseville, CA 95661
916.924.7000 | 800.390.3088 | fax: 916.924.3644
www.willdan.com
376

CITY OF SOUTH LAKE TAHOE

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 3 years. 377

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $137,398.00 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 378
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 379
maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
380
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 381
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 382
at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
383
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 384
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Willdan Engineering
2401 E. Katella Ave., #300,
Anaheim, CA 92806-5909
Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 385
subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted. 386

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

387

27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

31. Time is of the Essence. Time is of the essence for this Agreement.

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
388
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE:

By___________________________
Devin Middlebrook, Mayor
Date __________________________
APPROVED AS TO FORM:

By____________________________
CONSULTANT:

By ________________________________
Michael D. Bustos, Deputy Director
Date _____________________________
Business License # TBD
Date ________________________________
Heather Stroud, City Attorney
ATTEST:

By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
389

EXHIBIT A

SCOPE OF SERVICES
390
Labor Compliance Monitoring and Enforcement Scope of Work  Review and update labor compliance components of project specifications to ensure adherence to current labor regulations and requirements. Assist City with calculation of DBE goal, if applicable.  Attend pre‐bid conference to present general bid preparation, prevailing wage, and DBE program requirements.
 Verify applicable wage determination ten (10) days prior to bid opening (federal) or on initial advertisement (state/local); document verification as required. If wage determination has changed from what appears in project specifications, provide addendum for dissemination to plan holders.  Verify eligibility of selected contractor and its subcontractors to receive contract awards by confirming current, active license status with Contractors State License Board; current registration with DIR; current, valid contractor’s bond and workers’ compensation coverage; non‐appearance on Federal List of Parties Excluded and State Division of Labor Standards Enforcement debarment lists.

Assist City with evaluation of DBE Good Faith Efforts, if applicable.  Attend preconstruction conference to present labor compliance requirements to contractor and subcontractors; prepare minutes and attendance record thereof.  Verify and document jobsite posting of wage rate information and labor compliance posters.  Coordinate with City Resident Engineer/Resident Inspector (RE/RI) site visits to monitor workforce utilization and perform labor compliance interviewing of employees on site, using appropriate forms, in the correct frequency and of the proper work classifications, as required.  Receive and review documentation from public works observers or inspectors; compare with contractor‐submitted documents. Continuously monitor contractor‐submitted documentation, through electronic payroll software or direct submission, including weekly certified payroll reports, fringe benefit statements, apprenticeship documentation (certifications, DAS‐140, DAS‐142, training fund payments), and deduction authorizations. Monitor monthly DBE submissions, as needed.  Follow up with contractor by telephone, email, and/or certified mail regarding document submittals and payroll discrepancies; provide detailed description of alleged deficiencies; outline corrective action to be taken; and enforce regulatory deadlines for compliance.  Receive, pursue, and document labor complaints; prepare violation reports to oversight agencies as required; recommend special action to be taken if contractor continuously fails to comply with requests and requirements.
 Coordinate with City staff the withholding of progress and/or retention payments if contractor fails to abide by labor compliance requirements.
 Prepare monthly, quarterly, semi‐annual, and annual reports, as needed, for the City's progress payments and internal use, as well as for submission to government authorities and funding source(s).
 Maintain content and format of labor compliance file in conformance with applicable government requirements.
 Coordinate project file reviews and audits by authorized local, county, state, and federal agencies; participate in hearings before the DIR/Labor Commissioner, DOL, or other official entity.  Submit complete labor compliance file to City for retention. 391

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
392
BUDGET
Estimated fees (not to exceed) $137,398.00
Travel and out-of-pocket expenses $0.00
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $137,398.00

TIMELINE
Work will be completed over the 2022, 2023 and 2024 Construction Seasons. Consultant will be notified of all work within 7 days of when they are needed to facilitate scheduling. Contract is expected to be completed by 5/2/2025.
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City of South Lake Tahoe PWC 22-30150005.02
Proposal for On Call Labor Compliance Consultant Contract 8 Compensation Schedule
Following are the hourly rates for the positions and personnel noted in this proposal:

Classification Hourly
Rate
Our firm offers you the most
efficient and effective labor
compliance monitoring team
available.

We will consistently deliver
successful projects – and that is
invaluable.

EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.

The undersigned certifies, to the best of his or her knowledge or belief, that:

Consultant: Willdan Engineering.

Michael D. Bustos, Deputy Director
By:________________________________________
395
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers,LLC
CA License #0F15767
777 S. Figueroa Street, 52nd fl.

Los Angeles CA 90017
213-689-0065
Willdan Engineering
13191 Crossroads Parkway, North
Suite 405
City of Industry, CA 91746
WILLD01
Lexington Insurance Company 19437
The Travelers Indemnity Company of Connecticut 25682
Travelers Property Casualty Co of America 25674
X
X
X Emp. Benefits Liab.

X Contr. Liab. Incl.
1,000,000
1,000,000
15,000
1,000,000
2,000,000
2,000,000
X
1,000,000

XXXXXXX

XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
Arch&Eng Prof Per Claim:$1,000,000
Aggregate:$1,000,000
SIR Applies per policy terms&
conditions
B 810-7N676545-21-43-G 11/9/2021 11/9/2022
A P-630-7J366586-TIL-21 11/9/2021 11/9/2022
C 028174912 11/9/2021 11/9/2022
A UB-0L663678-21-43-G 11/9/2021 11/9/2022

NOT APPLICABLE
11/9/2022
1506306
Y Y
Y Y
Y
4/20/2022
N N
18439700
18439700 XXXXXXX
City of South Lake Tahoe
Attn: Randy Carlson
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
RE: 2022 - On- Call Labor Compliance. City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents, and volunteers are included as Additional Insured(s) in accordance with the provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the provisions of the policies. Continued on the next page.

X
See Attachments
396
CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03)
A Waiver of Subrogation is granted in favor of City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents, and volunteers in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. Policies include 30-days’ notice of cancellation (except 10 days for non-payment of premium) and the provisions of each policy govern how notice of cancellation may be delivered to Certificate Holder.

Separation of Insureds - except with respect to the Limits of Liability in the General Liability policy and any rights or duties specifically assigned to the first Named Insured, this insurance applies as if each Named Insured were the only Named Insured and Separately to each insured against whom the claim or suit is brought. General Liability deductible: $0; Automobile Liability deductible: $0 ($1,000 for Comprehensive/Collision); Umbrella Liability deductible: $0; Professional Liability SIR: $250,000.

Certificate Holder ID: 18439700
397

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – WRITTEN

CONTRACTS (ARCHITECTS, ENGINEERS AND

SURVEYORS)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. The following is added to SECTION II – WHO IS plies only to such "bodily injury" or "property AN INSURED: damage" that occurs before the end of the period of time for which the "written contract re- Any person or organization that you agree in a quiring insurance" requires you to provide "written contract requiring insurance" to include as such coverage or the end of the policy period, an additional insured on this Coverage Part, but:
whichever is earlier. a. Only with respect to liability for

2. The following is added to Paragraph 4.a. of SEC- "property damage" or "personal injury"; and TION IV – COMMERCIAL GENERAL LIABILITY
b. If, and only to the extent that, the injury or CONDITIONS:
damage is caused by acts or omissions of
The insurance provided to the additional insured you or your subcontractor in the performance is excess over any valid and collectible "other in- of "your work" to which the "written contract surance", whether primary, excess, contingent or requiring insurance" applies. The person or on any other basis, that is available to the addi- organization does not qualify as an additional tional insured for a loss we cover. However, if you
insured with respect to the independent acts
specifically agree in the "written contract requiring or omissions of such person or organization . insurance" that this insurance provided to the adThe insurance provided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and nonc. In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the li mits ance", whether primary, excess, contingent or on of insurance described in Section III – Limits any other basis, that is available to the additional Of Insurance. insured when that person or organization is an additional insured under any "other insurance". d. This insurance does not apply to the rendering of or failure to render any "professional 3. The following is added to SECTION IV – COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS:
or omissions. Duties Of An Additional Insured
e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addijury" or "property damage" caused by "your tional insured:
work" and included in the "productsa. The additional insured must give us written completed operations hazard" unless the notice as soon as practicable of an "occur- "written contract requiring insurance" specifirence" or an offense which may result in a cally requires you to provide such coverage claim. To the extent possible, such notice for that additional insured, and then the insurshould include: ance provided to the additional insured ap- "bodily injury",
POLICY NUMBER: P-630-7J366586-TIL-21
CG D4 14 04 08 © 2008 The Travelers Companies, Inc. Page 1 of 2 Attachment Code: D604165 Certificate ID: 18439700
398
or offense took place; cover the additional insured for a loss we i.
ii. The names and addresses of any injured cover. However, this condition does not affect How, when and where the "occurrence"
persons and witnesses; and whether this insurance provided to the addi- any provider of other insurance which would

COMMERCIAL GENERAL LIABILITY
tional insured is primary to that other insur- iii. The nature and of any injury or ance available to the insured which damage arising out of the "occurrence" or covers that person or organization as a
offense. named insured.
b. If a is made or "suit" is brought against 4. The following is added to the DEFINITIONS Sec- the additional insured, the additional insured tion: must: "Written contract requiring insurance" means that i. Immediately record the specifics of the part of any written contract or agreement under claim or "suit" and the date received; and which you are required to a person or or- ii. ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit" as "property damage" occurs and the "personal insoon as practicable. jury" is caused by an offense committed:
c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you; "suit", cooperate with b. While that part of the contract or agreement is us in the investigation or of the in effect; and
claim or defense against the "suit", and othc. Before the end of the policy period. erwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any or "suit" to claim
settlement
include
nection with the claim or
claim
location additional
Notify us as soon as practicable.

Page 2 of 2 ends

South Lake Tahoe City CouncilMay 3, 2022

South Lake Tahoe City Council
May 3, 2022