Agenda packet — South Lake Tahoe City Council, September 20, 2022 (part 1 of 3)

1 City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, September 20, 2022 at 5:30 PM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Councilmember Friedrich will be participating via teleconference from the lobby of The River Mountain Lodge at 100 South Park Ave, Breckenridge, CO 80424, a location accessible to the public.

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, and via ZOOM at this link https://us06web.zoom.us/j/84704690775 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: 847 0469 0775 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. 1 2
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 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
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 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.

1. Agreement with Data Transfer Solutions, LLC to Update Pavement Management Plan Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Data Transfer Solutions, LLC for an amount not to exceed $68,480 and a 9.5% contingency for an amount of $6,520 for updates to the City's pavement condition index (PCI) measurements and the City's paving and maintenance plan.

Responsible Staff Member: Randy Carlson, Associate Civil Engineer Item 1 - Executive Summary.pdf
01-Staff Report-PMP Update.docx
02-Professional Services Agreement with DTS.pdf
2 3
03-DTS Proposal.pdf

2. Professional Services Agreement with Bureau Veritas Technical Assessments, LLC for ADA Self-Evaluation and Transition Plan Update
Requested Action / Suggested Motions: Pass a Motion to authorize and direct the Mayor to execute a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC for a term of nine months in an amount not to exceed $189,526.00.

Responsible Staff Member: Rebecca Penado, Risk Manager
Item 2 - Executive Summary.pdf
01 - Staff Report.docx
02 - BVTA Professional Services Agreement v2
03 - ADA Transition Plan 2012.pdf
04 - Evaluation Scoresheet for RFP 2022-08-05.pdf

3. Agreement with Interwest Consulting Group, Inc. for Right of Way Support Services on Pioneer Trail Pedestrian Improvement Project Phase II
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Interwest Consulting Group, Inc. for an amount not to exceed $114,000 and 10% contingency for an amount of $11,000 for right of way support services on the Pioneer Trail Pedestrian Improvement Project Phase II.

Responsible Staff Member: Randy Carlson, Associate Civil Engineer Item 3 - Executive Summary.pdf
01-Staff Report - Pioneer Trail.docx
02-PSA - Interwest Consulting Group - Pioneer Trail Pedestrian Improvement Project Phase II.pdf 03-Interwest Proposal.pdf

4. Agreement with Faithful + Gould for Facility Condition Assessment of City Facilities Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Faithful + Gould in an amount not to exceed $129,210 for a facility condition assessment of the City's general operation facilities.

Responsible Staff Member: Jim Marino, Capital Improvement Program and Facilities Program Manager
Item 4 - Executive Summary.pdf
01-Staff Report - Facility Condition Assessment.docx
02-Agreement
03-Proposal FCA South Lake Tahoe Faithful Gould.pdf

5. Lake Tahoe Airport Pavement Maintenance Matching Grant Application to Caltrans Requested Action / Suggested Motions: Pass a Resolution authorizing the Airport Manager to apply for FY 2022 Caltrans AIP Matching Grant for Lake Tahoe Airport and appropriating $8,006 from General Fund Undesignated Excess Reserves for City grant match.

Responsible Staff Member: John Dickinson, Airport Manager Item 5 - Executive Summary.pdf
01-Staff Report Matching Caltrans
02- Resolution FY2022 Caltrans AIP Matching Grant

6. Appropriation of $275,530 of Additional Project Construction Contingency Funds for the Recreation and Aquatics Center Project - Phase 1
Requested Action / Suggested Motions: Pass a Resolution appropriating an additional 10% project construction contingency from Measure P Funds in the amount of $275,530 for additional work 3 4
relating to utility infrastructure at the project site.

Responsible Staff Member: Jim Marino, Capital Improvements Project Manager Item 6 - Executive Summary.pdf
01-Staff Report - Rec Center Phase 1.docx
02-Resolution-Rec Center Phase 1 Project Contingency.docx

7. Budget Transfer of $63,982.17 to Purchase Storage Pods for Parks and Recreation Department and For Other Miscellaneous Maintenance Needs
Requested Action / Suggested Motions: Pass a Resolution authorizing the transfer of $63,982.17 from the CIP Account for Pioneer-Ski Run Cameras to Miscellaneous Maintenance CIP Account.

Responsible Staff Member: Anush Nejad, Director of Public Works Item 7 - Executive Summary.pdf
01-Staff Report - Parks Pods.docx
02-Resolution - Budget Transfer Pods.docx
Regular-Unfinished Business

8. Ordinance Amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles (First Reading)
Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to establish a municipal use and commercial ban on single-use plastic water bottles, and refer second reading to the City Council meeting on October 4, 2022.

Responsible Staff Member: Heather Stroud, City Attorney Item 8 - Executive Summary.pdf
01 - Staff Report.docx
02 - Ordinance Amending Chapter 4.175 (Single-Use Plastics).docx 03 - Redline of SLTCC Chapter 4.175.pdf
Regular-New Business

9. Ordinance Amending Section 3.50.140 (Security for Collection of Tax) and Section 3.50.260 (Register to be Kept Two Years) of the City Code Chapter 3.50 (Transient Lodging) to Clarify Language Regarding Security Instruments and Register Retention Period (First Reading) Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance amending Section 3.50.140 (Security for collection of tax) and Section 3.50.260 (Register to be kept two years) of the City Code Chapter 3.50 (Transient Lodging) to clarify language regarding security instruments and register retention period, and refer to second reading for adoption on October 4th, 2022.

Responsible Staff Member : Ben Hannah, Accountant ll
Item 9 - Executive Summary.pdf
01-Staff Report City Code Amendments.docx
02-Ordinance Transient Lodging.docx
03-Ordinance Redline.pdf

10. Community Services Officer Supervisor and Parking Ambassador Positions Requested Action / Suggested Motions: Pass a Resolution authorizing amendment to FY 2022-2023 List of Allocated Permanent Positions to remove Lead Community Service Officer (CSO) and one CSO position and add a CSO Supervisor and two Parking Ambassadors, and 4 5
approving corresponding salary tables.

Responsible Staff Member: Sgt. Scott Crivelli and Chief David Stevenson Item 10 - Executive Summary.pdf
01-Staff Report - CSO.docx
02-CSO Supervisor Classification.doc
03-Parking Ambassador Classification.doc
04-Resolution - CSO Supervisor and Parking Ambassadors.docx 05-Position Allocation 22-23 Oct. 2022 (Exh. 1 to reso).pdf 06-Salary Tables effective 10-1-22 (Exh. 2 to reso).pdf Agenda Planning Calendar

11. 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 11 - Executive Summary.pdf
APC - 09 15 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 September 20 2022 meeting of the City of South Lake Tahoe City Council was posted and available for review on Thursday, September 15, 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 September 15, 2022
\\sb\\
Susan Blankenship, Elected City Clerk
5 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 20,
2022
Agenda Item #: 1
Agenda Item: Agreement with Data Transfer Solutions, LLC to Update Pavement Management Plan Executive Summary: Council will consider authorizing a professional services agreement with Data Transfer Solutions, LLC. This agreement proposes to measure and update the City's pavement condition index (PCI) measurements. The consultant will also update the City's paving and maintenance plan that was last updated in 2008. The consultant will also review and update the City's current asphalt paving specification to ensure it is compliant with all applicable standards and industry practices.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Data Transfer Solutions, LLC for an amount not to exceed $68,480 and a 9.5% contingency for an amount of $6,520 for updates to the City's pavement condition index (PCI) measurements and the City's paving and maintenance plan.

Responsible Staff Member: Randy Carlson, Associate Civil Engineer Responsible Staff Member: Randy Carlson, Associate Civil Engineer (530) 542-6033 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report-PMP Update.docx
02-Professional Services Agreement with DTS.pdf
03-DTS Proposal.pdf
6 Council Agenda Report- September 20, 2022 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: September 20, 2022
Title: Professional Services Agreement for Updating of the City's Pavement Management Plan
Location: Citywide
Responsible Staff Member: Randy Carlson (530) 542-6033
Background: The City currently owns and maintains approximately 257 lane miles of streets. In order to prioritize the maintenance and rehabilitation of the City’s roadways, a paving and maintenance plan is needed. The City currently has a Street Repair Plan that was completed in 2008. The City also has a five-year paving plan, but the document is quickly becoming outdated due to projects being completed and new utility projects that require the City to adjust our paving plan.

Issue and Discussion: With the passage of Measure S, a dedicated stream of funding is now available for maintaining and paving the roads. To ensure that the funds are spent as efficiently as possible, Public Works issued a Request for Proposals (RFP) for a professional consultant to measure the existing condition of our roadway network and to assemble a plan for both maintenance and paving. The measurements taken will include Pavement Condition Index (PCI) ratings for every City owned roadway. The plan update will provide detailed information on how to prioritize each roadway in the City, with suggested maintenance or rehabilitation treatments. The plan will also be utilized to assemble the annual Road Rehabilitation Project, as well as assist the Streets Department with prioritizing maintenance amongst the City’s extensive roadway network.

On July 15th, the City issued an RFP to obtain a qualified consultant that could measure the roadway network PCI and assemble a detailed plan on our behalf. The RFP was posted on the City’s Planet Bids website for 28 days and received three proposals from qualified candidates. A three-person review panel comprised of two staff members from Public Works and one from the Finance Department reviewed and scored the proposals. The panel independently rated and ranked each of the consultants as shown in Table A below. Data Transfer Solutions, LLC was determined to be the most qualified firm.

Table A
Firm Name Score Final Rank
Data Transfer Solutions 285 1
Quality Engineering Solutions 282 2
Nichols Consulting Engineers 275 3
7 Council Agenda Report- September 20, 2022 Page 2 of 2 The proposed Professional Services Contract will begin immediately with all pavement measurements being completed before winter. Once a draft plan is assembled, the consultant will provide a presentation to City Council over the wintertime to solicit Council and the public’s input on the plan before finalizing it.

Financial Implications: The contract will be funded from the Street Overlay Program CIP account 301-50005. The account is funded in part by Measure S Sales Tax funds. The current available budget in the Street Overlay Program construction project account is $3,502,367.

Sufficient funding is available for the professional services agreement with Data Transfer Solutions of $68,480 and 9.5% contingency of $6,520 for a total cost of $75,000. This amount will be transferred from the Construction to Professional Services line item upon approval of this PSA.

Table B
Item Cost Account #
PSA with Data Transfer Solutions $68,480 301-50005-42020

9.5% Contingency for PSA $6,520 301-50005-42020
Total $75,000
Environmental Considerations: This plan update is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2).

Policy Implications: This plan update is consistent with the City’s Strategic Plan 2021-2026.

It aligns with goal 1.4 Transportation, by planning the rehabilitation of City-owned streets. The plan update is also consistent with goal 5.3 Infrastructure and Maintenance. This plan update will achieve action item 1 by defining maintenance needs for the roadway network while simultaneously matching the project to available funding sources such as Measure S, Road Maintenance and Rehabilitation Account (SB1 Gas Tax), and in lieu paving funds from utility providers.
8 CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the day of September 2022 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Data Transfer Solutions, LLC (“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 until September 19, 2023.
9 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 $68,480.00 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 10 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, and 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 maintained at City offices. Access to such records and documents 11 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, 12 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 is 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, 13 actions, losses, damages and injuries, direct or indirect (including any and all 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 14 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 singlelimit per occurrence basis. 15 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 16 policies. 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
Attn: Randy Carlson
1740 D Street
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way Road, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Donna Huey
Data Transfer Solutions, LLC
3680 Avalon Blvd. E., Suite 200
Orlando, FL 32828

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, 17 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 18 City’s 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 subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly. 19 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.

33.Mandatory Fiscal and Federal Provisions for Federally Funded Projects The articles contained in Exhibit D are incorporated herein to this agreement. 20 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 Donna Huey, President

Business License # 007776
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By____________________________
Sue Blankenship, City Clerk
Attachments:

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

SCOPE OF SERVICES
22 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 5 D. Scope of Work/Implementation
DTS understands that the City of South Lake Tahoe, CA maintains 127 centerline miles of pavement and approximately 1,434 pavement sections for evaluation. DTS will meet with City staff to determine the specific project-based needs but below is a sample methodology for performing a pavement condition assessment as well as a QA/QC Plan and project schedule.

Task A – Kickoff Meeting
DTS will begin the project by meeting with City staff to discuss the overall goals of the pavement evaluation project. During this meeting, DTS will confirm the project requirements and scheduling. The kick-off meeting will include proposed DTS key personnel and the City’s project members. DTS will present the proposed Project Approach, which includes project equipment, software, methodology, schedules, and deliverables. The proposed approach will be finalized based on the City’s requirements and decisions during the meeting. A key component to this meeting will be a discussion on DTS’ lessons learned during the 2015 pavement survey and how DTS can use that experience to leverage even greater value to the City from this 2022 data collection effort. Any maintenance and rehabilitation (M&R) activities since the 2015 pavement survey will be an important component of the overall discussion. Project communication protocol, documentation, accounting methodologies, data format, and standards will be confirmed during the meeting.

Task B – Verify Inventory and Perform Condition Surveys Prior to the project kickoff meeting, DTS will mobilize a Mobile Asset Collection (MAC) vehicle to the City of South Lake Tahoe in order to be present for the kickoff meeting and to provide an equipment demonstration to any interested City staff or elected officials. The following day, the DTS MAC field crews will begin the data collection survey on the City’s street network and throughout the course of the project, will provide a “wheels-on-theground” verification of the City’s current street network. DTS proposes to use its MAC vehicle line scan camera with laser illumination and four right-of-way cameras to capture ROW images to be used during the pavement rating process. The ROW images could also be used to assess condition for ratings on other above-ground infrastructure including but not limited to curb & gutter, sidewalks, ADA ramps, signs, signals, pavement markings, light poles, manhole covers, and fire hydrants. A value-added benefit to the City of using the same data collection technology as the 2015 pavement survey is the use of the exact same sample locations as 2015, resulting in much more accurate deterioration curves and a truer representation of the City’s pavement performance over time. This will also result in truer future budget scenario planning utilizing the VUEWorks software.

DTS operates a fleet of MAC vehicles
with identical, redundant equipment
on each vehicle. This allows the DTS
team the flexibility to add additional
MAC vehicles to the data collection
efforts if for any unforeseen
circumstances the data collection
efforts fall behind schedule.

Additionally, if a MAC vehicle
experiences any equipment failure,
DTS has the ability to immediately
deploy an additional MAC van to the
City of South Lake Tahoe to complete
the data collection efforts within the
agreed upon timeline.

A DTS Mobile Asset Collection (MAC) Vehicle
23 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 6 The DTS Mobile Asset Collection vehicles are equipped with:
• high-resolution right-of-way digital cameras (4) – Allied Vision Prosilica GX1920C GigE, frame rate of 15 images per second and 1936 x 1456 color resolution
• LRIS pavement imaging system – collects high-definition pavement images used to extract distress type severity and extent measurements. 4096 pixel/line, 28,000 lines/sec, 1mm resolution • ApplanixPOS220V inertial measuring unit (IMU) – centimeter-level positioning of MAC van during collection
• DMI equipment – distance measuring instrument used for system integration • GPS equipment – used for mapping level positioning of the vehicle, heading information and positional tagging of images. 2 positional units, 1 differential unit • Servers – on board servers for storing data, processing images and storing profiler, GPS, DMI and IMU data
• surface (road) profiler – used for precise pavement ride and rut measurement Image Collection
DTS collection vehicles are outfitted to collect color right-of-way images synchronized to the MAC DMI, IMU and GPS. The standard configuration of a MAC vehicle utilizes a 4-camera configuration: 3 forward-facing for a 120- degree view and one rear-facing for a 90-degree view. These cameras have a 1936x1456 resolution. Roadway photograph collection will be triggered by our DMI and will be calibrated to collect every 15 feet or more frequently if necessary. Additionally, DTS collects data and imagery in both directions on every street within the City. This will allow DTS to provide 100% continuous image coverage along the roadway. The forward cameras can auto adjust from light to dark exposure and vice versa in 60 feet, quicker at lower speed situations.

The MAC images and data collected will be defined in the data element delivery structure required by the City of South Lake Tahoe. The DTS MAC system collects all pavement and right-of-way images, IMU, DMI and profiler data concurrently.

DTS will also provide digital images of all streets and roadways surveyed in a format compatible with Esri ArcGIS.

These images are clipped at a distance of 15 feet and saved as industry-standard JPEGs. Right-of-way photographs will be collected every 15 feet or more frequently and will provide image coverage along the roadway for any other ROW assets that may be of interest.

Pavement Condition Assessment and Rating
Pavement Surface Imaging Rating:

DTS pavement imaging sensors are oriented from nadir (straight-down) to achieve the best perspective, laserilluminated to ensure uniform image contrast and GIS-integrated to provide geospatial distress vectors (points, lines and polygons) that can be loaded and verified using GIS. 24 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 7 • DTS will utilize a downward-facing, progressive line scan camera that provides high-resolution images
(1mm pixel, 4,000 pixels wide, and ~12 feet width) of
the pavement surface to clearly detect and quantify
distresses.
• pavement surface imaging (JPEG format) will span, at
a minimum, the data collection lane from left lane
stripe to right lane stripe, and will provide 100%
continuous pavement coverage
• image resolution will be such that all visual cracking distresses can be accurately identified and
quantified
• images will have a minimum horizontal resolution of
4,000 pixels or better
• images will be synchronized with the City of South
Lake Tahoe’s GIS centerline files
• DTS will collect longitudinal profile and roughness
data (IRI) to provide a ride comfort index for each segment to be used in calculation of the segment PCI Pavement Evaluation:

DTS’ pavement line scan images allow pavement evaluators to determine the type, extent and severity of pavement distresses for a complete and thorough evaluation of the existing pavement condition per the MTC Pavement Distress Identification Manual standards. Since 2015, DTS has been rating pavement for MTC’s largest PMS client, the City of Houston, TX. DTS’ pavement engineers have in-depth knowledge of the MTC PMS requirements.

To perform the pavement distress evaluations, DTS utilizes its EarthShaper™ production software. EarthShaper™ is a desktop extraction and analysis tool that allows us to determine distress types and severity during the pavement evaluation. The EarthShaper software gives DTS a distinct advantage over competitive software packages because it removes the “black box” portion of pavement rating. All distress vectors can be viewed and edited through this workflow, resulting in a more accurate product for the City of South Lake Tahoe. It also adds another element to the QA/QC process, allowing for more accurate data review and confirmation through a streamlined data reduction workflow.

Moreover, the EarthShaper™ application
allows for efficient data creation through the
use of simple point, line and polygon vector
tools. It is capable of producing direct
visualizations of pavement distresses. Users
can also assign condition inventory ratings to
data inside of EarthShape
Pavement Condition Evaluation within EarthShaper™ software Pavement Image Captured with the 4K
Laser Road Imaging System
25 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 8 Rutting and Ride Quality Evaluation
For every pavement survey project, DTS also collects rutting and ride quality. DTS utilizes a surface profiling system manufactured by International Cybernetics Corporation (ICC) for evaluating the smoothness of pavement. The profiler uses infrared lasers and precision accelerometers to obtain accurate and precise profile measurements at speeds up to 65 mph. This data provides an additional value-add to the City of South Lake Tahoe.

DTS MAC technicians have been trained and certified by ICC for the operation of road profilers and imaging systems. The proposed MAC vehicle for this project has been certified by ICC. Furthermore, DTS’ MAC vehicle has received independent inertial profiler certification from the Texas A&M Transportation Institute.

By utilizing 5-laser profilers, DTS captures the left and right wheel path as opposed to a 3-sensor configuration which provides only the
estimated “center rut” by
comparing the height at the
center of the pavement with the
average depth in the wheel paths.

The 5-laser profiler provides the
true rutting of the road and
allows greater precision and
repeatability. Rut depth is
calculated where RWP, CEN and
LWP are the respective distances
between the right wheel path,
center and left wheel path
sensors and the pavement
surface. The right wing (RWG)
sensor and left wing (LWG)
sensors are used to determine
pavement surface heights (RWG’
and LWG’) at the edges of the test
lane.

Finally, the 5-sensor configuration allows separate rut measurements for each wheel path.

Rutting Data with a 5-Laser Profiler
26 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 9 Task C – Budgetary Analysis & Final Reports
Once the PCI has been calculated and loaded into DTS’ VUEWorks software, DTS will provide a final report detailing the pavement condition assessment methodology, summarizing current conditions of the City of South Lake Tahoe’s roadway network, and providing budgetary analysis and decision tree recomendations.

A Final Pavement Condition Index Report will be delivered for the project including:
 Executive Summary
 Project methodology and pavement data
 Individual Street segment PCI for all streets as well as arterials and collectors only  Exhibits showing PCI and street segment length, lanes and pavement type  Inventory reports for the entire database
 Benefit/Cost Analysis
 A Maintenance and rehabilitation decision tree
 Budget Needs reports
 Budget Scenarios reports
 Five-year work plan giving recommended treatment types and schedule  Multi-year work plan giving recommended treatment types and schedule for every road in the City Task D – Present Paving Plan Update to City Council
Once the final pavement report has been accepted by City staff, this report can be used for reporting budget needs or shortfalls to boards, commissions and committees. DTS has performed this task for many municipal government staff members on past projects and is well-versed in presenting relevant information to local officials and constituents that support the proposed fiscal budget requests.

DTS’ project Pavement Engineer, Todd Spangler, P.E., will work with City staff to present a report to the City of South Lake Tahoe City Council that has been agreed upon by all project stakeholders. This presentation will provide a summary of the pavement network, PCI update, development of the decision tree, cost/benefit analysis, proposed 5-year plan, and full implementation program.

Task E – Review and Update the City’s Paving Specifications (Optional) If the City so chooses, DTS can work with City staff to review and update the City’s current paving specification plan. Having worked with the City in 2015, DTS is already familiar with the plan and can leverage knowledge and experiences from our past and existing nation-wide clients to develop best practices and industry standards that best suite the local conditions and needs in the City of South Lake Tahoe.

DTS Project Management and QA/QC Philosophy
Project Management: The DTS team will provide a safe and cost-effective collection and extraction methodology that will save time and money with this project while meeting or exceeding client expectations on both time and budget.

DTS has several PMI-certified project management professionals including the proposed Project Manager who oversee and guide our project planning and execution. Our project management plan will adhere to the planning processes as defined by the Project Management Institute and as detailed in the Project Management Body of Knowledge. The plan will encompass all phases of the project including planning and organizing, communication, scheduling and controlling and coordinating
Quality Assurance/Quality Control: DTS has a proven Quality Assurance/Quality Control procedure for all MAC image collection projects. DTS’ QC procedures begin with our MAC image collection process. The MAC technician will check each camera’s exposure rate, image quality and GPS and IMU operation to ensure the MAC system is recording the image, GPS, DMI and IMU data and that the GPS location is within the stated project tolerance. Each collection day’s calibration collection will be documented in the MAC collection log book. 27 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 10 The MAC calibration/control site, which serves as a quality control for data collection, will consist of a minimum of 9 grid pavement points that are surveyed for a precise and accurate image daily calibration check. Each MAC vehicle will collect the calibration site every day of collection for the project duration as a MAC system QC item.

This process ensures that each day’s run can be calibrated based on the accuracy requirements (sub-meter) of the project. The MAC system is capable of collecting all
right-of-way images and pavement data
concurrently. During image collection, the MAC
technician reviews the images collected on-screen as
they are collected and any issue with image clarity
requires the collection run to end and the image
quality issue to be resolved. This provides real-time
verification that the equipment is operating correctly.

Once resolved, the collection run begins from the
beginning for the road segment collected. The MAC
technician also monitors GPS reception during
collection. If GPS reception is lost measured using
PDOP (positional dilution of precision), the MAC
technician stops the collection and resolves the GPS
reception issue. Collection begins again once the GPS
reception issue is resolved.

DTS employs an originator/checker process for processed and compiled data where the project engineer (originator) provides a qualified project QC checker to review and check processed and compiled data. The QC checker reviews calibration/correlation data and imagery for data anomalies and inconsistent pavement data, false positives (incorrect distress) pavement distress vectors and quality of post processed MAC imagery. The project manager, engineer and QC checker determine if any errors found require a run to be recollected and processed or reprocessed and reviewed again.

Prior to all interim and final submittals to the client project manager, DTS will perform a quality assurance review.

A DTS representative will review all quality control memorandums and checks with the project manager and project quality control officer. This step assures the City that DTS has followed all of the stated quality control procedures outlined in this response and the DTS Quality Assurance/Quality Control manual. DTS will update the City on any sections of roadway that could not be collected and the reasoning such as it is a private gated community, dirt roads, etc.

PROPOSED SCHEDULE:

COMPENSATION SCHEDULE
29 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 11 E. Project Budget
30 G. Anti-Lobbying Certification Form
13 31
RFP Project 22-30150005-RFP#3 | Request for Proposal for Pavement Management Program Update 2022
Prepared for the City of South Lake Tahoe, CA
Submitted
August 12, 2022
Prepared by Data Transfer Solutions, LLC (DTS)
3680 Avalon Blvd. E., Suite 200
Orlando, FL 32828
www.dtsgis.com
z10000325 | 2022.07 | LN
32 Contents
A. Cover Letter ............................................................................................................................................... 1 B. Executive Summary.................................................................................................................................... 2 C. Company History, Background and Experience ........................................................................................ 3 D. Scope of Work/Implementation................................................................................................................ 5 E. Project Budget ......................................................................................................................................... 11 F. Description of Recent Projects/References............................................................................................. 12 G. Anti-Lobbying Certification Form............................................................................................................. 13 H. Attachment A – Resumes (Not included in page count).......................................................................... 14 33 34
Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 2 B. Executive Summary
Data Transfer Solutions, LLC (DTS), formed in 2006, is a transportation planning, engineering, GIS and asset management solutions company headquartered in Orlando. In the last 5 years, DTS has compiled asset data for over 100 asset management projects including videolog applications, pavement condition surveys and roadway geometrics, signs, manholes, inlets, guardrails, fire hydrants, sidewalks, signals and pavement markings. DTS has professional engineers on staff available for this contract to provide analysis of the data and recommendations including long term pavement preservation strategies and pavement treatment and budget optimization. DTS is a Business Unit within Atkins North America, Inc., a wholly owned subsidiary of SNC-Lavalin Group, Inc.

DTS is committed to timely and accurate performance on this project and will dedicate as many Mobile Asset Collection vehicles as needed to the project in order to meet the City’s preferred schedule. DTS is the only firm responding that provides the full life-cycle of asset management services in house and still maintains the core team that provided the 2015 services to the City. Our knowledge, expertise and experience cover the gamut from data collection and analysis through maintenance and ongoing management. DTS has rigorously tested equipment that is independently certified by the Texas A&M Transportation Institute (TTI) and International Cybernetics Corporation (ICC). The TTI certifications were obtained in 2015 to present for 2022.

A partial listing of DTS’ pavement or ROW data collection clients includes Salt Lake City, UT; Salt Lake County, UT; Payson, UT; West Jordan, UT; Pitkin County, CO; Basalt, CO; San Antonio, TX; Bexar County, TX; Houston, TX; Austin, TX; El Paso, TX; Fort Worth, TX; Amarillo, TX; Arlington, TX; Plano, TX; Galveston, TX; New Braunfels, TX; New York City, NY; Charlotte, NC; Indianapolis MPO, IN; Orlando, FL; Albuquerque, NM; Farmington, NM; Knoxville, TN; New York State DOT; Arizona DOT; New Jersey DOT; Colorado DOT; Rhode Island DOT; Minnesota DOT; Delaware DOT and Florida DOT. Additionally, DTS has been selected as a service provider for pavement data collection services for the North Central Texas Council of Governments and Houston Galveston Area Council Buy contracts.

Our goal is to demonstrate to the City that the DTS team employs an approach to mobile data collection survey and pavement management reporting that is repeatable and defensible across survey years as DTS can provide pavement samples at identical locations to its previous collection for the City, is GIS-centric at its core and is a quantitative approach that relies upon standards and procedures that can be applied for pavement management optimization. All data will be formatted to meet the MTC Pavement Distress Identification Manual standards. DTS routinely provides the required elements requested by the City and will provide a transparent collection and analysis process focused on quantifiable, GIS-centric workflows.

As DTS has performed similar services in the past, we envision a role where we will continue to be part of a longterm solution in working with the City to perform professional asset management services. DTS has performed multiple data collection cycles for several agencies including Bexar County, TX; Houston, TX; Austin, TX; Arlington, TX; Charlotte, NC; Farmington, NM; Pitkin County, CO; Lewisville, TX and Fayetteville, NC to name a few. 35 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 3 C. Company History, Background and Experience
Data Transfer Solutions, LLC (DTS) is a 50-person transportation planning, engineering, GIS and asset management solutions company organized in the State of Florida in 2006 as a limited liability company. DTS is a business unit of Atkins North America, Inc., a wholly owned subsidiary of SNC-Lavalin Group, Inc and is headquartered at 3680 Avalon Park Boulevard, Suite 200, Orlando, Florida 32828 with regional offices in Reno, NV (Atkins); Dallas, TX; Ft. Collins, CO; Dubuque, IA; Nashville, TN; Concord, NH; and Aberdeen, NC.

DTS has vast experience with automated data collection and processing pavement, asset and geometric data for DOT (state), city and county clients across the US in accordance with a variety of standards and methodologies including the MTC Pavement Distress Identification Manual standards. The DTS business philosophy recognizes the importance of asset management as strategically targeting resources in an efficient and cost-effective manner has become increasingly critical for agencies given the current and foreseeable fiscal funding environment.

Organizations are frequently asked to do more with less, and in transportation asset management that means strategically targeting and prioritizing assets in poor condition and having the highest consequences of failure.

DTS is a leader in pavement condition assessments and asset management within the North American market.

DTS provides state-of-the-art tools and solutions with significant experience in delivery of Pavement Condition Index (PCI) ratings data for Pavement Management Systems. Additionally, DTS has collected and compiled data for over 200,000 miles of roadways and 2,000,000 assets in the past 5 years including right-of-way, pavement imagery and mobile LiDAR that have been integrated into a suite of web-based and GIS-centric databases.

DTS has been providing pavement condition surveys and right-of-way asset inventories since inception 16 years ago. The table below shows some of our pavement and right-of-way asset management clients. The services provided for these agencies have been similar to those requested by the City of South Lake Tahoe.

Sample Pavement Management & Right-of-Way Asset Survey Clients Albuquerque, NM Cheyenne, WY Indianapolis, IN Rhode Island DOT Amarillo, TX Chicago MAP, IL Jefferson County, CO Richland Hills, TX Arlington, TX Cobb County, GA Kingsport, TN Rockwall, TX Arvada, CO Colorado DOT Knoxville, TN San Antonio, TX
Austin, TX Delaware DOT Lakeland, FL Seminole County, FL Balcones Heights, TX Durham, NC Lewisville, TX Sherman, TX Basalt, CO El Campo, TX Little Elm, TX South Lk. Tahoe, CA Bastrop County, TX Farmington, NM Mesquite, TX Southlake, TX Beaufort County, SC Fayetteville, NC Northern Arizona COG Stafford, TX Bellaire, TX Gaithersburg, MD N. Central Texas COG Topeka, KS Bexar County, TX Galveston, TX Orlando, FL Tyler Area MPO, TX Brentwood, TN Greenville, SC Peoria, IL Virginia Beach, VA Brownsville, TX Hendersonville, TN Pickens County, SC Waller County, TX Charleston, SC Houston, TX Pitkin County, CO West Palm Beach, FL Charleston County, SC Hutchins, TX Plano, TX Wickenburg, AZ Charlotte, NC Indianapolis MPO Renton, WA Yuma, AZ
36 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 4 Please see Section H: Attachment A, for resumes of the team members. 37 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 5 D. Scope of Work/Implementation
DTS understands that the City of South Lake Tahoe, CA maintains 127 centerline miles of pavement and approximately 1,434 pavement sections for evaluation. DTS will meet with City staff to determine the specific project-based needs but below is a sample methodology for performing a pavement condition assessment as well as a QA/QC Plan and project schedule.

A DTS Mobile Asset Collection (MAC) Vehicle
38 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 6 The DTS Mobile Asset Collection vehicles are equipped with:
• high-resolution right-of-way digital cameras (4) – Allied Vision Prosilica GX1920C GigE, frame rate of 15 images per second and 1936 x 1456 color resolution
• LRIS pavement imaging system – collects high-definition pavement images used to extract distress type severity and extent measurements. 4096 pixel/line, 28,000 lines/sec, 1mm resolution • ApplanixPOS220V inertial measuring unit (IMU) – centimeter-level positioning of MAC van during collection
• DMI equipment – distance measuring instrument used for system integration • GPS equipment – used for mapping level positioning of the vehicle, heading information and positional tagging of images. 2 positional units, 1 differential unit • Servers – on board servers for storing data, processing images and storing profiler, GPS, DMI and IMU data
• surface (road) profiler – used for precise pavement ride and rut measurement Image Collection
DTS collection vehicles are outfitted to collect color right-of-way images synchronized to the MAC DMI, IMU and GPS. The standard configuration of a MAC vehicle utilizes a 4-camera configuration: 3 forward-facing for a 120- degree view and one rear-facing for a 90-degree view. These cameras have a 1936x1456 resolution. Roadway photograph collection will be triggered by our DMI and will be calibrated to collect every 15 feet or more frequently if necessary. Additionally, DTS collects data and imagery in both directions on every street within the City. This will allow DTS to provide 100% continuous image coverage along the roadway. The forward cameras can auto adjust from light to dark exposure and vice versa in 60 feet, quicker at lower speed situations.

DTS will also provide digital images of all streets and roadways surveyed in a format compatible with Esri ArcGIS.

Pavement Condition Assessment and Rating
Pavement Surface Imaging Rating:

DTS pavement imaging sensors are oriented from nadir (straight-down) to achieve the best perspective, laserilluminated to ensure uniform image contrast and GIS-integrated to provide geospatial distress vectors (points, lines and polygons) that can be loaded and verified using GIS. 39 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 7 • DTS will utilize a downward-facing, progressive line scan camera that provides high-resolution images
(1mm pixel, 4,000 pixels wide, and ~12 feet width) of
the pavement surface to clearly detect and quantify
distresses.
• pavement surface imaging (JPEG format) will span, at
a minimum, the data collection lane from left lane
stripe to right lane stripe, and will provide 100%
continuous pavement coverage
• image resolution will be such that all visual cracking distresses can be accurately identified and
quantified
• images will have a minimum horizontal resolution of
4,000 pixels or better
• images will be synchronized with the City of South
Lake Tahoe’s GIS centerline files
• DTS will collect longitudinal profile and roughness
data (IRI) to provide a ride comfort index for each segment to be used in calculation of the segment PCI Pavement Evaluation:

Moreover, the EarthShaper™ application
allows for efficient data creation through the
use of simple point, line and polygon vector
tools. It is capable of producing direct
visualizations of pavement distresses. Users
can also assign condition inventory ratings to
data inside of EarthShape
Pavement Condition Evaluation within EarthShaper™ software Pavement Image Captured with the 4K
Laser Road Imaging System
40 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 8 Rutting and Ride Quality Evaluation
For every pavement survey project, DTS also collects rutting and ride quality. DTS utilizes a surface profiling system manufactured by International Cybernetics Corporation (ICC) for evaluating the smoothness of pavement. The profiler uses infrared lasers and precision accelerometers to obtain accurate and precise profile measurements at speeds up to 65 mph. This data provides an additional value-add to the City of South Lake Tahoe.

Finally, the 5-sensor configuration allows separate rut measurements for each wheel path.

Rutting Data with a 5-Laser Profiler
41 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 9 Task C – Budgetary Analysis & Final Reports
Once the PCI has been calculated and loaded into DTS’ VUEWorks software, DTS will provide a final report detailing the pavement condition assessment methodology, summarizing current conditions of the City of South Lake Tahoe’s roadway network, and providing budgetary analysis and decision tree recomendations.

DTS has several PMI-certified project management professionals including the proposed Project Manager who oversee and guide our project planning and execution. Our project management plan will adhere to the planning processes as defined by the Project Management Institute and as detailed in the Project Management Body of Knowledge. The plan will encompass all phases of the project including planning and organizing, communication, scheduling and controlling and coordinating
Quality Assurance/Quality Control: DTS has a proven Quality Assurance/Quality Control procedure for all MAC image collection projects. DTS’ QC procedures begin with our MAC image collection process. The MAC technician will check each camera’s exposure rate, image quality and GPS and IMU operation to ensure the MAC system is recording the image, GPS, DMI and IMU data and that the GPS location is within the stated project tolerance. Each collection day’s calibration collection will be documented in the MAC collection log book. 42 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 10 The MAC calibration/control site, which serves as a quality control for data collection, will consist of a minimum of 9 grid pavement points that are surveyed for a precise and accurate image daily calibration check. Each MAC vehicle will collect the calibration site every day of collection for the project duration as a MAC system QC item.

Prior to all interim and final submittals to the client project manager, DTS will perform a quality assurance review.

PROPOSED SCHEDULE:

Task Proposed Date Complete / Explanation
A. Kickoff Meeting 1 day
B1. Pavement Distress Data Collection 7 days
B2. Processing of Pavement Inventory Data 2 days (after road inventory complete) C. Final Data Deliverables, Budgetary
Analysis & Final Reports 30 days (after road inventory complete) D. Present Paving Plan Update to City
Council
1 day
43 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 11 E. Project Budget
44 Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 12 F. Description of Recent Projects/References

1. City of Houston, Texas Pavement and ROW
Assets (2015-current)
Raj Shah
System Consultant & IT Projects
(832) 395-2500
[email protected]
In its second multi-year contract with the City of Houston DTS is using its fleet of Mobile Asset Collection vehicles to collect pavement and other assets along 1,231
centerline miles of major streets and 4,918 centerline
miles of local streets for the City of Houston. DTS is
providing the City with a pavement condition survey and a videologger allowing pavement management personne
to take a virtual drive along City streets. DTS will also prepare final reports for the City for pavement condition evaluation including reporting on IRI, PCI and related
data.

2. Seminole County, FL Pavement Condition
Survey (2017-2022)
Michael Garcia
(407) 665-5674
[email protected]
DTS performed multiple, phased pavement data
collections for the County. DTS worked with Seminole
County to conduct a pavement condition survey as
well as integrating the data into the County’s
pavement management system. Seminole County
divided its network into thirds and DTS collected 500
to 700 miles each year over a 3-year period. DTS also
imported the data into the County’s PAVER database.

3. Cobb County, Georgia Pavement Condition
Survey and ROW Asset Inventory (2018-
2022)
Kristen Orton
Resurfacing Project Engineer
(678) 581-3428
[email protected]
DTS recently completed a second pavement
condition survey contract for the County. The project
included software implementation, network database
development, automated data collection for
pavement condition surveys, budget analysis and
maintenance optimization for the County’s
thoroughfares which total approximately 610
centerline miles. The pavement condition survey
was conducted per the ASTM D6433 standard, and
the data were imported into Cartegraph at the
completion of the project.
.
45 G. Anti-Lobbying Certification Form
13 46
Response to RFP No. 22-30150005-RFP#3
Proposal to provide Pavement Management for City of South Lake Tahoe 14 H. Attachment A – Resumes (Not included in page count) 47 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Daniel Behnke
Project Manager
Mr. Behnke is the Director of Asset Management Operations at Data Transfer Solutions. He has 17 years [August 23, 2004] of public and private sector experience with Geographic Information Systems (GIS) utilizing Esri’s ArcGIS software and GPS as well as DeLorme and Trimble applications. Prior to becoming the Director of Asset Management Operations, Mr. Behnke collected and processed data for approximately 20,000 roadway miles including pavement distress, rutting, roadway geometry and right-of-way assets as well as validating and verifying roadway distresses. Mr. Behnke is proficient in all types of data processing workstation hardware and software for automated data collection. He previously served on the Vanguard Cabinet of the Urban and Regional Information Systems Association (URISA).

RELEVANT PROJECT EXPERIENCE
Road Rating Services, Delaware DOT. Project Manager/QA/QC Manager. Mr.

Behnke performed QA/QC services for this annual Statewide Road Rating Service.

DTS utilized Mobile Asset Collection vehicle pavement and right-of-way cameras to perform a pavement distress survey of the State's 11,800 miles of maintained roads. DTS utilized MAC images to perform the State’s pavement surface condition assessment with the DelDOT pavement distress dictionary including IRI and rut values. DTS provided all right-of-way images collected for use in the State’s video log application per highway section and milepost reference. Delivery of pavement data was through a geodatabase which DelDOT uploaded to the State’s pavement management system. Mr. Behnke supported this project as a Senior GIS Analyst, and he was responsible for delivering an Esri geodatabase of 54,970 trees, 29,497 light poles, 24,741 non-compliant mailboxes, 17,440 headwalls, 11,260 fences, 2,162 signal poles and 1,299 bridge railings along with their corresponding georeferenced images.

Pavement Data Collection for the Pavement Management Information System, City of Austin, Texas. Mr. Behnke was the Project Manager of this 4-year annual contract with the City of Austin to collect 50% of the City’s network yearly and to provide automated crack distress information and ride quality measurements.

Distress data was delivered in the Long Term Pavement Performance (LTPP) Distress Rating format for distress, extent and severity definitions.

Pavement Condition Survey, City of El Campo, Texas. Project Manager. Data Transfer Solutions used a Mobile Asset Collection vehicle to collect information on 90 centerline miles of City-maintained streets. The objective of the effort was to obtain digital and video data of pavement condition. Mr. Behnke supervised the DTS pavement evaluators who went through the collected imagery and extracted the required distress data and asset information using the EarthShaper™ pavement analysis tool. City roads were analyzed for distress presence, type, severity and extent. Extracted pavement distress data was then imported into the selected asset management software. ASTM D6433 Pavement Condition Index values were then calculated for each road segment.

Pavement Management Services, City of Lewisville, Texas. Project Manager.

The DTS Mobile Asset Collection (MAC) system was employed to capture pavement imagery for use in pavement rating for the City of Lewisville’s street Total years of experience
17 Years with firm
10 Education
M.P.A., Public Administration,
University of Central Florida, 2009
B.A., Geography, University of
Wisconsin, 2004
Certifications
American Institute of Certified
Planners, Certificate Number: 27959
Certified GIS Professional, Certificate
Number: 23000
Certified Project Management
Professional, Certificate Number:
1975390
Software
VUEWorks Asset Management
Esri’s ArcGis
GPS
48 Daniel Behnke
Project Manager
Resume | DTS, a member of the SNC-Lavalin Group Page 2
network and alleys. As the Director of Operations, Mr. Behnke reviewed the quality of the pavement rating process to ensure internal standards were met prior to client delivery. The final pavement deliverables were imported into MicroPAVER.

GASB Pavement Condition Survey & Ratings, City of West Palm Beach, Florida. Project Manager. Data Transfer Solutions used a Mobile Asset Collection vehicle to collect information on 513 lane miles of City-maintained streets and alleys. The objective of the effort was to obtain digital and video data of pavement condition as well as pavement markings locations and conditions. DTS pavement evaluators went through the collected imagery and extracted the required distress data and asset information using the EarthShaper™ pavement analysis tool. City roads were analyzed for distress presence, type, severity and extent. Extracted pavement distress data was then imported into VUEWorks® asset management software. ASTM D6433 Pavement Condition Index values were calculated for each road segment using VUEWorks.

Pavement Management System Development, Indianapolis Metropolitan Planning Organization. Project Manager. DTS provided pavement professional services to collect, process and deliver pavement condition data for selected roadways within the Indianapolis Metropolitan Planning Organization's (MPO) planning area. The primary goal of the project was to collect data that provided comparative pavement condition measures of roadways being considered for rehabilitation or reconstruction.

Pavement Management Information System (PMIS – Next G), City of Houston, Texas. Project Manager. Data Transfer Solutions provided pavement professional services and the collection of street assets including curb and gutter, sidewalks, sidewalk ramps and sidewalk obstructions. The pavement survey and rating was performed for 1,231 centerline miles of major streets and 4,918 centerline miles of local streets. DTS imported condition rating information into StreetSaver Plus. DTS was subsequently selected by the City for a second similar contract.

Statewide Pavement Rating, Colorado DOT. QA/QC Manager. This project involved the collection of roadway condition data and images for all Statemaintained highways for HPMS (Highway Performance Monitoring System) reporting. The number of miles of data/image collection for CDOT was approximately 12,000 miles annually. An additional 7,000 miles of second direction 2-lane roads were collected for roadway images only as an additional option.

International Roughness Index (IRI) was collected using Federal Highway Administration approved equipment that met ASTM E950 standards. Inertial profilers were used that met the requirements of and were operated in accordance with AASHTO Standards M 328, R 57-10, R 56-10 and R43M/R43-7. Rutting was collected for both the left and right wheel paths to the hundredth of an inch.

Average rut depths over each tenth-mile segment were reported, for left wheel path, right wheel path and combined average. DTS provided CDOT an asset data dictionary that contained all HPMS roadway features and attributes through the Stereo Extraction Tool.

Pavement, Signs, Sidewalk and ADA Collection/Assessment, City of Lakeland, Florida. QA/QC Manager The City of Lakeland chose Data Transfer Solutions to perform several asset management-oriented services including pavement data collection and assessment, traffic sign data collection and assessment, sidewalk data collection and visual condition assessment and ADA ramp data collection. Pavement distresses were catalogued for the City’s 780 lane miles of roadway.
49 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Todd Spangler, PE, IAM
Engineer of Record
Mr. Spangler is the Business Development Manager for Data Transfer Solutions where he supports both asset management collection projects and VUEWorks® asset management software implementations. Mr. Spangler’s 26 years of professional experience encompass serving as a project engineer, city engineer, municipal stormwater coordinator, municipal water/sewer manager and director of engineering. He assisted in founding the Tennessee Stormwater Association and served as its first president, spearheading collaboration between local utilities and the state that received recognition from the Environmental Protection Agency as an innovative approach to stakeholder involvement in the permitting process. Mr.

Spangler is also a long-term member of both the American Water Works Association and the Water Environment Federation. He brings critical real-world local government experience for enterprise asset management.

Mr. Spangler’s project experience includes:

FL Local Municipal, City of Largo, Florida – VUEWorks
Implementation. DTS was contracted by the City to implement VUEWorks enterprise wide across all departments. As the lead implementer and assistance project manager, Mr. Spangler worked with the various departments to configure VUEWorks for their unique asset classes, varied workflows, forms, and condition methodologies. VUEWork’s ability to server across various departments was key to the successful implementation for the City.

CA Local Municipal. City of South Lake Tahoe, California – VUEWorks Implementation. DTS performed asset collection and extraction services on approximately 260 centerline miles of roadways, then used that information as one of the bases of the Public Works Department’s new VUEWorks asset management system. The City is using VUEWorks for work management as well as asset management. Mr. Spangler set up the search pages for the City’s implementation.

City of Plano, Texas – Pavement Management Services
Mr. Spangler was the Engineer of Record for this project which included automated data collection for street pavement and alley condition surveys, condition evaluation and preparation of a budget analysis and maintenance optimization for the City’s approximately 542-centerline mile pavement network. The predominate concrete pavement network was evaluated in accordance with the ASTM D6433 standard.

North Tarrant Express Mobility Partners 3 – Pavement Condition Survey DTS recently completed this project encompassing 173 lane miles of this Texas expressway. The project involved data collection using a Mobile Asset Collection vehicle, 100% rating of pavement, Pavement Condition Index score development, rutting, ride quality and friction testing. As a Pavement Engineer for the project, Mr.

Spangler was the Engineer of Record.

City of Houston, Texas – Pavement Management Information System (PMIS – Next G). Data Transfer Solutions provided pavement professional services and the collection of street assets including curb and gutter, sidewalks, sidewalk ramps and sidewalk obstructions. The pavement survey and rating was performed for 1,231 centerline miles of major streets and 4,918 centerline miles of Total years of experience
26 Years with firm
7 Education
B.S., Civil and Environmental
Engineering, Tennessee
Technological University, 1997
Registrations/licenses
Professional Engineer
Florida 80095, 2015
South Carolina 33668, 2016
Tennessee 106500, 2001
Texas 123892, 2016
Certifications
Institute of Asset Management
Certification
Honors and awards
President’s Award, Tennessee Storm
Water Association, 2009
Professional affiliations
National Society of Professional
Engineers
American Public Works Association
American Water Works Association,
Asset Management Sub-Committee
Software
VUEWorks Asset Management
50 Todd Spangler, PE
Engineer of Record
Resume | DTS, a member of the SNC-Lavalin Group Page 2
local streets. DTS imported condition rating information into StreetSaver Plus. Mr.

Spangler was the Engineering Liaison for the project, and DTS was subsequently selected by the City for a second similar contract.

City of West Palm Beach, Florida – GASB Pavement Condition Survey & Ratings. Data Transfer Solutions used a Mobile Asset Collection vehicle to collect information on 513 lane miles of City-maintained streets and alleys. The objective of the effort was to obtain digital and video data of pavement condition as well as pavement markings locations and conditions. DTS pavement evaluators went through the collected imagery and extracted the required distress data and asset information using the EarthShaper™ pavement analysis tool. City roads were analyzed for distress presence, type, severity and extent. ASTM D6433 Pavement Condition Index values were calculated for each road segment using VUEWorks.

Mr. Spangler was the Engineering Liaison for the project.

City of Arlington, Texas – Pavement Data Collection and Integration The City selected DTS to obtain pavement condition data for its more than 3,000 lane miles of roadways. DTS used one our Mobile Asset Collection (MAC) vehicles to collect the pavement data. Approximately 1/3 of the City’s total roadway mileage was collected each year for a three-year period. The pavement information was integrated into the City’s pavement management system. Mr. Spangler was the Engineering Liaison for the project. DTS was subsequently selected by the City for a second similar project.

MA Local Municipal. City of Framingham, Massachusetts – VUEWorks Implementation. DTS was contracted by the City to ensure that Framingham’s basic configuration and reporting needs were accommodated by the Public Works Department’s VUEWorks asset management system. As the Project Manager, Mr.

Spangler worked with City staff in the Highway & Solid Waste, Wastewater, Pump Stations and Water Distribution divisions to review workflows, configure the system and develop multiple reports including those focused on costs and schedules. Mr.

Spangler served as the Implementation Specialist for the project.

TX Local County. Williamson County, Texas – VUEWorks
Implementation. Williamson County retained DTS to perform its VUEWorks asset management and work management software implementation for the Public Works Department. Mr. Spangler served as the Project Manager for the first phase of the project, and he oversaw the kickoff meeting, workflow workshops, data migration, software configuration and initial training efforts for the implementation.

TX Local Municipal. City of Duncanville, Texas – VUEWorks Implementation. The Duncanville Public Works Department chose VUEWorks as its asset management system. As the Implementation Specialist for the project, Mr.

Spangler configured the system and worked with City staff to ensure it met their needs. Mr. Spangler also trained City staff on usage of the Budget Forecasting and Projects modules for pavement management. Additionally, he assisted the Public Works Department with its Pavement Management Program presentation to the City Council.
51 Resume | ETS, a member of the SNC-Lavalin Group Page 1 Leon Parker
QA/QC Manager
Mr. Parker is a Quality Assurance/Quality Control Manager at Data Transfer Solutions. Mr. Parker has 7 years of experience at DTS where he has served in a number of asset data positions including project collection technician, asset management specialist and production manager. His previous hands-on experience as a Mobile Asset Collection technician at DTS gives him a complete understanding of the asset data from collection through database finalization.

RELEVANT PROJECT EXPERIENCE
Pavement Condition Assessment, Brevard County, Florida. Data Transfer Solutions provided pavement condition assessment services to Brevard County.

These services include using Mobile Asset Collection (MAC) vehicles to collect georeferenced data for the County’s 1,120 centerline miles of roadway, pavement analysis and calculations, maintenance and repair strategy recommendations, condition forecasting, budget forecasting and recommendations for appropriate pavement management software. Mr. Parker was responsible for QA/QC of the project database prior to its delivery to the client.

Pavement Condition Survey and Right-of-Way Asset Inventory, Harris County, Texas. Utilizing its fleet of MAC vehicles, DTS collected 12,888 miles of roadway for Harris County, the county in which Houston is located. DTS provided the County with its first pavement condition survey as well as an inventory of sidewalks and ADA ramps. DTS prepared final reports for each of the four precincts within the County for pavement condition evaluation including reporting on IRI, PCI and related data. Mr.

Parker served as the QA/QC manager for the right-of-way assets.

Right-of-Way Imagery Collection, Asset Extraction and Inventory, City of Topeka, Kansas. DTS utilized its fleet of Mobile Asset Collection vehicles to provide a pavement condition survey on the City’s 1,600 lane mile network which also included collection of 166 miles of alleys. DTS provided a pavement condition survey per the ASTM D6433 methodology and delivered a final report including data on IRI, PCI and related data. Mr. Parker was the QA/QC Manager in charge of delivering asset data for project.

Pavement, Signs, Bridges, Barriers, Attenuators, Driveways, Illumination Structures, Striping and Marking Inventories, Central Texas Regional Mobility Authority. DTS has completed two automated data collection cycles for the Central Texas Regional Mobility Authority (CTRMA). Each project has consisted of collecting all lanes of roads maintained by CTRMA. CTRMA maintains approximately 432 lane miles of roadway for pavement assessment and 282 lane miles of roadway for rightof-way (ROW) asset inventory. The pavement condition portion of the project required DTS to collect CTRMA’s network with a vehicle certified by the Texas A&M Transportation Institute for that purpose. Additionally, the pavement condition survey was completed per the TxDOT PMIS system scoring criteria. DTS staff included TxDOT certified pavement raters. The ROW asset inventory included several assets: bridges barriers, stand-alone attenuators, pavement striping, graphics and markers, driveways traffic signs and illumination structures. As the QA/QC Manager for these projects, Mr. Parker ensured the accuracy of project data deliverables.

Total years of experience
9 Years with firm
7 Education
B.S., Criminal Justice, University of
Central Florida, 2011
52 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Ariel Rios
Assistant Project Manager
Mr. Rios is a Project Manager and Pavement Engineer at Data Transfer Solutions where he manages pavement data and right-of-way asset collection projects.

Additionally, he is proficient in EarthShaper™ asset extraction software and ArcMap, and he also has a working knowledge of SOLIDWORKS, Mathcad, NX and Pro/ENGINEER software. Mr. Rios is active in both the American Society of Mechanical Engineers and the Society of Hispanic Professional Engineers, including participation in volunteer projects.

RELEVANT PROJECT EXPERIENCE
Pavement Condition Survey, City of Houston, Texas. In its second multi-year contract with the City of Houston, DTS is using its fleet of Mobile Asset Collection vehicles to collect pavement and other assets along 1,231 centerline miles of major streets and 4,918 centerline miles of local streets for the City of Houston. DTS is providing the City with a pavement condition survey and a videologger allowing pavement management personnel to take a virtual drive along City streets. DTS will also prepare final reports for the City for pavement condition evaluation including reporting on IRI, PCI and related data. Mr. Rios is the Project Manager for the project.

Residential Pavement Inventory & Condition Assessment, City of Indianapolis, Indiana. DTS provided a pavement condition survey and sidewalk and ADA ramp inventory for the City of Indianapolis. DTS collected all local roads within the City’s network which was approximately 2,209 centerline miles. DTS utilized its fleet of Mobile Asset Collection vehicles to collect the ROW and pavement condition survey.

DTS also worked with the City to establish attribute criteria for the City’s sidewalk and ADA ramp inventory. Previously, DTS collected the City’s 1,100 centerline miles of thoroughfares rating both pavement and sidewalks and ADA ramps. Mr. Rios was a Pavement Engineer.

Pavement Management Data Collection Services, Seminole County, Florida.

For a second contract with Seminole County, DTS is using Mobile Asset Collection vehicles to acquire sub-meter accurate imagery of the County’s 870 centerline miles of pavement in accordance with the ASTM D6433 standard. Approximately 1/3 of the network is being collected each year. Following the rating of pavement by experienced personnel, DTS will deliver a MicroPAVER database update and a GIS feature class file. Mr. Rios is the Project Manager.

Pavement Condition Survey, Cobb County, Georgia. Mr. Rios is the Project Manager for Data Transfer Solutions’ second pavement condition survey contract for the County. The project includes software implementation, network database development, automated data collection for pavement condition surveys, budget analysis and maintenance optimization for the County’s thoroughfares which total approximately 610 centerline miles. The pavement condition survey was conducted per the ASTM D6433 standard, and the data will be imported into Cartegraph at the completion of the project.

Pavement Data Collection and PCI Rating, City of Cincinnati, Ohio. The City of Cincinnati contracted with Data Transfer Solutions to perform pavement collection and determine PCI ratings for its 930 centerline miles of City-maintained roadways.

Total years of experience
8 Years with firm
8 Education
B.S., Mechanical Engineering,
University of Central Florida, 2013
Certifications
Texas Department of Transportation
(TxDOT) Certifications
PMIS Visual Rater Cert Flex PV. CON
111
PMIS Visual Rater Cert Conc PV.

CON 110
Software
EarthShaper™
ArcMap,

SOLIDWORKS,
Mathcad, NX
Pro/ENGINEER
53 Ariel Rios
Assistant Project Manager
Resume | DTS, a member of the SNC-Lavalin Group Page 2
DTS is rating the pavement per the ASTM D6433 standard and will integrate the data with the City’s pavement management system. Mr. Rios is serving as the Project Manager for these services.

Pavement Management Services, City of Plano, Texas. Mr. Rios serves as the Project Manager for this project which includes automated data collection for street pavement and alley condition surveys, condition evaluation and preparation of a budget analysis and maintenance optimization for the City’s approximately 542- centerline mile pavement network. The predominate concrete pavement network will be evaluated in accordance with the ASTM D6433 standards.

Pavement Condition Survey, Lubbock County, Texas. As a subcontractor to Halff Associates, Inc., DTS provided a pavement condition survey for the County. The services provided included centerline review, route planning, image collection of pavement assets, pavement evaluation per the ASTM D6433 standard and a final report. Mr. Rios was a Pavement Engineer working on the project.

Pavement Condition Survey and ROW Asset Inventory, City of Lewisville, Texas. The City of Lewisville selected DTS to conduct a pavement condition assessment of 120 miles of roadways and alleys within the City. DTS used a Mobile Asset Collection (MAC) vehicle to collect imagery from which pavement analysts performed the condition assessment. The project also included the collection of two types of right-of-way assets – traffic signs and streetlights. Mr. Rios was the Project Manager for this contract.

Sidewalk Inventory and Analysis, City of Texarkana, Texas. DTS used a Mobile Asset Collection vehicle to collect sidewalk and ramp condition information on the Texarkana MPO road network. The objective of the effort was to obtain digital and video data of the sidewalk condition. The project included a public participation and stakeholder involvement as well. DTS also prepared a final sidewalk and ramp inventory which categorized the sidewalks by condition (good, fair, poor). Mr. Rios was a Sidewalk Rater on the project.

Pavement Condition Survey, North Tarrant Express Mobility Partners 3. DTS is performing this project encompassing 173 lane miles of this Texas expressway. The project involves data collection using a Mobile Asset Collection vehicle, 100% rating of pavement, Pavement Condition Index score development, rutting, ride quality and friction testing. The pavement rating is being performed in conformance with Texas Department of Transportation standards. Mr. Rios is the Project Manager for this pavement project.

Rios served as the Project Manager.
54 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Kevin Wigen
Data Processor
Mr. Wigen is responsible for processing all data that comes out of DTS’ Mobile Asset Collection vehicles. His role includes verifying the accuracy and integrity of all data collected, ensuring that it meets the quality standards of each project. Mr.

Wigen has over nine years of experience with DTS and is an expert on DTS’ proprietary EarthShaper™ software.

RELEVANT PROJECT EXPERIENCE
Professional Pavement Management Services, City of San Antonio, Texas.

DTS provided a variety of pavement management services to the City including pavement condition assessment and maintenance of the City’s pavement inventory.

DTS used Mobile Asset Collection (MAC) vehicles to collect the pavement data.

Pavement and ROW Data Collection Services, City of Fort Worth, Texas. DTS provided professional pavement management services to the City including collecting pavement data and conducting condition assessments for right-of-way assets including sidewalks, ramps, signals, pavement markings, pavement striping, light poles and traffic signs. Mr. Wigen served as the Data Processor for the project.

Wigen was the Data Processor on this project.

Pavement Management Information System, City of Houston, Texas. Mr. Wigen was the Data Processor for the City of Houston Pavement Management Information System – Next Gen (PMIS-Next G) project which, in addition to pavement data collection and analysis, included the extraction of right-of-way assets including curb and gutter, sidewalks, ramps, sidewalk obstructions and drainage features. DTS Mobile Asset Collection vehicles collected pavement and ROW data on 12,500 miles of major streets and local streets. DTS was subsequently selected by the City of Houston to perform similar services over a multi-year period, and Mr. Wigen once again served as the Data Processor.

Pavement Data Collection and Integration, City of Arlington, Texas. Mr. Wigen served as the Data Processor for the City’s pavement condition assessment of its more than 3,000 lane miles of roadways. Following collection, automated pavement distress extraction occurred followed by verification / modification by trained pavement extractors. Pavement distress types were based on the ASTM D6433 Total years of experience
9 Years with firm
9 Education
A.S., Supervisory Management,
Lakeshore Technical College, 2007
Software
EarthShaper™
55 Kevin Wigen
Data Processor
Resume | DTS, a member of the SNC-Lavalin Group Page 2
standard. DTS also collected rut and roughness data. The pavement information was integrated into the City’s Cartegraph pavement management system. DTS analyzed the existing degradation curves and calculated revised curves to reflect actual measured performance.

Pavement Management Services, City of Plano, Texas. Mr. Wigen served as the Data Processor for this project which included automated data collection for street pavement and alley condition surveys, condition evaluation and preparation of a budget analysis and maintenance optimization for the City’s approximately 542- centerline mile pavement network. The predominate concrete pavement network was evaluated in accordance with the ASTM D6433 standards.

Pavement, Signs, Bridges, Barriers, Attenuators, Driveways, Illumination Structures, Striping and Marking Inventories, Central Texas Regional Mobility Authority. DTS has completed two automated data collection cycles for the Central Texas Regional Mobility Authority (CTRMA). Each project has consisted of collecting all lanes of roads maintained by CTRMA. CTRMA maintains approximately 432 lane miles of roadway for pavement assessment and 282 lane miles of roadway for rightof-way (ROW) asset inventory. The pavement condition portion of the project required DTS to collect CTRMA’s network with a vehicle certified by the Texas A&M Transportation Institute for that purpose. Additionally, the pavement condition survey was completed per the TxDOT PMIS system scoring criteria. DTS staff included TxDOT certified pavement raters. The ROW asset inventory included several assets: bridges barriers, stand-alone attenuators, pavement striping, graphics and markers, driveways traffic signs and illumination structures. Mr. Wigen was the Data Processor for these projects.

Pavement Management and ROW Survey, City of Orlando, Florida. For two separate contracts, the City contracted with DTS to collect pavement data for approximately 825 lane miles of City roadways including about 55 miles of brick surface streets. DTS used Mobile Asset Collection (MAC) vehicles to collect pavement and right-of-way asset data from which Pavement Condition Index and other relevant information was extracted. Mr. Wigen was the Data Processor for both projects.

Pavement Condition Rating and Sidewalk and ADA Ramp Inventory and Analysis, City of Greenville, South Carolina. Mr. Wigen served as the Data Processor for this project involving the collection of roadway condition data and images for all City-maintained roadways. The project also involved data collection and processing for approximately 265 miles of sidewalks which was gathered utilizing a DTS field sidewalk application. The collected sidewalk and ramp data included faulting, cracking, spalling, surface width, spalling, ramp slope, gutter slope, can vehicles block ramp, push button heights and more.

Pavement Condition Survey, Cobb County, Georgia. Mr. Wigen served as the Data Processor for this project which included software implementation, network database development, automated data collection for pavement condition surveys, budget analysis and maintenance optimization for the City’s thoroughfares which were approximately 610 centerline miles. The pavement condition survey was conducted per the ASTM D6433and data imported into Cartegraph. DTS is currently performing a second similar project for the County, and Mr. Wigen is also the Data Processor for this second contract.
.
.
56 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Anthony Greives
Mobile Data Collection Manager
Mr. Greives has been on the Data Transfer Solutions team since 2015, and he has worked in several different positions during this time period. At DTS, his positions have included Mobile Asset Collection (MAC) vehicle operator, pavement analyst and LiDAR analyst. He became the Data Collection Manager in 2020 and now oversees all data collection conducted via the firm’s Mobile Asset Collection (MAC) fleet and addresses any issues that may arise with equipment.

Mr. Greives experience includes
Street Data Collection and Pavement Management Program Update, City of Houston, Texas. Subsequent to successful completion by DTS of the similar 3-year City of Houston Pavement Management Information System (PMIS-Next G) project, the firm was selected by the City to carry out the 4-year Street Collection and Pavement Management Program Update. For all major and local streets in the City, DTS is performing a pavement survey, rating the pavement, determining the pavement width and geocoding the data. The mileage collected includes more than 1,200 centerline miles of major streets and 4,900 centerline miles of local streets. As the Data Collection Manager for the project, Mr. Greives ensures that there are no issues with the vehicles from the DTS Mobile Asset Collection fleet involved on the project.

Pavement and Asset Data Collection Services, Harris County, Texas. For the 12,888 lane miles of roadways maintained by Harris County, the third most populous county in the nation, DTS performed a variety of road asset services. DTS used several asset collection vehicles to capture pavement and right-of-way images to assist the County with maintaining its transportation assets. During the project, DTS provided pavement modeling, maintenance and rehabilitation updates and reports and also provided a sidewalk inventory including locations, photos, width and condition rating. Mr. Greives was the Asset Collection Manager for the project.

DTS is rating the pavement per the ASTM D6433 standard and will integrate the data with the City’s pavement management system. Mr. Greives is serving as the Asset Collection Manager for the project.

Consulting Services for Roadway Inventory & Evaluations, Rockdale County, Georgia. Data Transfer Solutions is currently collecting pavement data for the 480 centerline miles of roadway maintained by Rockdale County in accordance with the ASTM D6433 methodology. When complete, a Pavement Condition Index will be calculated for each segment, and the data will be incorporated into the County’s pavement management system. DTS will also recommend maintenance activities for the system. Mr. Greives is the Asset Collection Manager for the project.

Pavement and Right-of-Way Asset Surveys, City of Roanoke, Virginia. The City contracted with DTS to perform pavement services in accordance with the ASTM D6433 standard on its 1,110 centerline miles of streets. Additionally, as part of the services, DTS provided right-of-way asset surveys of the City’s pavement striping, sidewalks and ADA ramps. Mr. Greives served as the Asset Collection Manager.

Total years of experience
7 Years with firm
7 Education
Computer Repair and Networking
57 Anthony Greives
Mobile Data Collection Manager
Resume | DTS, a member of the SNC-Lavalin Group Page 2
Pavement Management and ROW Survey, City of Orlando, Florida. The City contracted with DTS to collect pavement data for approximately 825 lane miles of City roadways including about 55 miles of brick surface streets. DTS used Mobile Asset Collection vehicles to collect pavement and right-of-way asset data from which Pavement Condition Index and other relevant information was extracted. Mr. Greives served as the Data Collection and Data Processing Operator.

Metro Mobile Data Acquisition, Minnesota Department of Transportation. Mr.

Greives acted as the Data Processor for the MnDOT Metro Mobile Data Acquisition project. The project consisted of collecting right-of-way images, pavement images and mobile LiDAR for approximately 1,200 miles of MnDOT maintained roads. Mr.

Greives was responsible for the daily operation and collection of the ROW/pavement imagery and LiDAR, maintaining all collection logs, scheduling vehicle/system maintenance and coordinating collected data with the base office. He was also responsible for handling all system troubleshooting of issues as well as verifying quality image collection in the field.

Pavement Condition Index Update, City of Peoria, Illinois. Mr. Greives served as the Data Processor for this project. DTS was tasked with collecting pavement data, determining Pavement Condition Index and providing an updated PAVER street database to the City. DTS used its Mobile Asset Collection (MAC) system to collect the images.

Pavement Condition Rating, City of Charlotte, North Carolina. Mr. Greives acted as a pavement technician and Data Collection Operator for the City of Charlotte Pavement Condition Rating Project. The project consisted of collecting infrastructure assets located within the City’s right-of-way including pavement condition, sidewalks, curb and curb with gutter. A DTS Mobile Asset Collection (MAC) Vehicle captured digital street-level images for use in asset extraction. DTS staff extracted pavement distresses, sidewalks, crosswalk, curb and curb with gutter from the imagery collected. The assets were georeferenced and attributed with predefined criteria to assist the City’s efforts to manage these assets. The final delivery consisted of a Pavement Condition Report and use of the City’s existing Hansen asset management software for pavement budget modeling, an Esri geodatabase comprised of industry standard JPEGs and georeferenced information linked to the City’s asset management software system.

Pavement Condition Assessment & Sign Management System, Bexar County, Texas. Mr. Greives’s role was MAC Technician for this roadway data and comprehensive asset inventory project. The project consisted of collecting right-ofway assets along 1,200 miles of paved roads including signs, sidewalks and guardrails. The DTS Mobile Asset Collection (MAC) system was employed to capture street-level images for use in asset extraction. This image database was comprised of industry standard JPEGs, with georeferenced information being delivered through an Esri geodatabase and linked to the County’s Cartegraph asset management system. DTS provided a corresponding rating for the pavement data collected as well as provided several web-based viewing tools to analyze data including development of a videologger.
58 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Anibal Rios
Pavement Evaluator
Mr. Rios is a Project Engineer at Data Transfer Solutions. Mr. Rios has strong experience working with pavement and right-of-way assets for clients across the nation. He is proficient in rating assets, performing quality control activities, importing data into pavement management software, preparing pavement condition reports and developing scenarios to ensure that clients can receive the maximum benefit in their operations and maintenance budgets. Mr. Rios is familiar with PAVER, Cartegraph, EarthShaper™, StreetSaver and ArcMap software. Additionally, Mr.

Rios often uses VUEWorks® asset management software to assist clients with their scenarios.

Mr. Rios experience includes
Pavement Management and ROW Survey, City of Orlando, Florida. The City contracted with DTS to collect pavement data for approximately 825 lane miles of City roadways including about 55 miles of brick surface streets. DTS used Mobile Asset Collection (MAC) vehicles to collect pavement and right-of-way asset data from which Pavement Condition Index and other relevant information was extracted.

Mr. Rios was the Project Engineer for the first phase of the project.

Pavement Condition Index Update, City of Peoria, Illinois. For this project, DTS was tasked with collecting pavement data, determining the Pavement Condition Index and providing an updated PAVER street database to the City. As the Project Engineer, Mr. Rios performed quality control activities, imported the data into PAVER and prepared reports for the project.

Pavement Management Data Collection Services, Seminole County, Florida.

The County contracted with DTS to provide road surface testing for an updated survey of the surface and structural condition of approximately 870 centerline miles.

DTS collected the data using Mobile Asset Collection vehicles and provided information to Seminole County in accordance with the ASTM D-6433 standard. Mr.

Rios served as the Project Engineer for the 2017, 2018 and 2019 collections, and as such he was in charge of QA/QC, importing the data into MicroPAVER, developing pavement management scenarios and writing the final reports. He also assisted with the 2020 and 2021 collections in a subsequent contract with the County.

Pavement, Signs, Sidewalk & ADA Collection / Assessment, City of Lakeland, Florida. The City selected DTS to perform asset management services including pavement data collection and assessment, traffic sign data collection and assessment, sidewalk data collection and visual condition assessment and ADA ramp data collection. DTS uploaded the identified distress type data with corresponding severities and extents into a database, and then calculated each segment’s Pavement Condition Index value for maintenance and budget planning.

Mr. Rios served as the Project Engineer.

Pavement Analysis Services, City of Mesquite, Texas. DTS was contracted by the City of Mesquite to prepare a pavement assessment for the City’s 1,251 lane miles of roadway. The services included pavement data collection and condition rating, as well as sidewalk data collection. As part of his role as the Project Engineer, Mr. Rios developed five-year and ten-year pavement rehabilitation plans for the City.

Total years of experience
7 Years with firm
7 Education
B.S., Industrial Engineering,
University of Central Florida, 2014
Certifications
Texas Department of Transporation
(TxDOT) Certifications
PMIS Visual Rater Cert Conc PV.

CON 110
PMIS Visual Rater Cert Flex PV. CON
111
Software
PAVER,
Cartegraph
EarthShaper™
StreetSaver
ArcMap
VUEWorks® asset management
software
59 Anibal Rios
Pavement Evaluator
Resume | DTS, a member of the SNC-Lavalin Group Page 2
Pavement Condition Survey and Right-of-Way Asset Inventory, Harris County, Texas. Utilizing its fleet of MAC vehicles, DTS collected 12,888 miles of roadway for Harris County, the county in which Houston is located. DTS provided the County with its first pavement condition survey as well as an inventory of sidewalks and ADA ramps. DTS prepared final reports for each of the four precincts within the County for pavement condition evaluation including reporting on IRI, PCI and related data. Mr.

Rios was a Pavement Engineer on this project.

Pavement Data Collection, Colorado DOT. Mr. Rios served as a Pavement Rater for this project involving the collection of roadway condition data and images for all State-maintained highways for HPMS (Highway Performance Monitoring System) reporting. The number of miles of data/image collection for CDOT was approximately 12,000 miles annually. An additional 7,000 miles of second direction 2-lane roads were collected for roadway images only as an additional option. International Roughness Index (IRI) was collected using Federal Highway Administration approved equipment that met ASTM E950 standards. DTS provided CDOT an asset data dictionary that contained all HPMS roadway features and attributes through the Stereo Extraction Tool.

Pavement Management Data Collection Services, Pickens County, South Carolina. The County contracted with DTS to provide road surface testing for an updated survey of the surface and condition of approximately 870 centerline miles.

DTS collected the data using Mobile Asset Collection vehicles and provided information to the County in accordance with ASTM D6433. Mr. Rios served as the Project Engineer, and as such he was in charge of QA/QC, importing the data into MicroPAVER, developing pavement management scenarios and writing the final reports.

Pavement Condition Rating and Sidewalk and ADA Ramp Inventory and Analysis, City of Greenville, South Carolina. Mr. Rios served as a pavement rater for this project involving the collection of roadway condition data and images for all City-maintained roadways. The City has approximately 265 miles of sidewalks and Mr. Rios also assisted with the QA/QC review of the collected sidewalk data which was gathered utilizing the DTS field sidewalk application. The collected sidewalk and ramp data includes faulting, cracking, spalling, surface width, spalling, ramp slope, gutter slope, can vehicles block ramp, push button heights, etc.

Pavement Condition Index Update, City of Durham, North Carolina. For this project, DTS was tasked with collecting pavement data, determining Pavement Condition Index and providing an updated PAVER street database to the City. As the Project Engineer, Mr. Rios performed quality control activities, imported the data into PAVER and prepared reports for the project.

Pavement Management Services, City of Charlotte, North Carolina. DTS was contracted by the City of Charlotte to prepare a pavement assessment for the City’s 5,000 lane miles of roadway. The services included pavement data collection and condition rating, as well as ROW data collection. As the Project Engineer, Mr. Rios developed five-year and ten-year pavement rehabilitation plans for the City and led the PAVER imports.

Pavement Condition Assessment, City of West Jordan, Utah. Pavement Engineer. Data Transfer Solutions provided pavement condition assessment services to the City of West Jordan. These services include using Mobile Asset Collection (MAC) vehicles to collect geo-referenced data for the City’s 724 centerline miles of roadway and pavement analysis and calculations. 60 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Marcial Mota
Pavement Evaluator
Mr. Mota is a Pavement Engineer on the Data Transfer Solutions Mobile Asset Collection and Extraction Team. Mr. Mota has four years of experience in rating pavement, performing Quality Assurance and Quality Control of pavement distresses, performing PCI calculations, writing pavement reports and importing pavement data into a variety of pavement management software. He is proficient in EarthShaper™, AutoCAD, MicroStation, SAS, MicroPAVER and ArcMap. Mr. Mota is a member of the Society of Hispanic Professional Engineers.

RELEVANT PROJECT EXPERIENCE
Pavement Management Data Collection Services, Seminole County, Florida.

For Seminole County, DTS used Mobile Asset Collection vehicles to acquire submeter accurate imagery of the County’s 870 centerline miles of pavement in accordance with the ASTM D6433 standard. Approximately 1/3 of the network was collected each year. Following the rating of pavement by experienced personnel, DTS delivered a MicroPAVER database update and a GIS feature class file. Upon the completion of the first project on which Mr. Mota was a Pavement Engineer, DTS was awarded a subsequent project to perform the services for another 3-year period.

Mr. Mota was the Project Engineer for the 2020 and 2021 collections.

Asset Management Services, Bexar County, Texas. Data Transfer Solutions collected roadway asset data related to the County’s traffic infrastructure. This latest project, one of several similar projects for the County dating back to 2008, included a sign inventory as well as a pavement condition assessment of 2,400 miles of paved roads. A Mobile Asset Collection vehicle captured digital pavement imagery as well as street level images of traffic signs for use in asset extraction. DTS GIS staff then extracted signs from the imagery collected. The final delivery consisted of an Esri geodatabase comprised of industry standard JPGs, with geo-referenced information linked to the County’s asset management system. Mr. Mota was a Pavement Engineer on the project.

Pavement Condition Survey, North Tarrant Express Mobility Partners 3. DTS recently completed this project encompassing 173 lane miles of this Texas expressway. The project involved data collection using a Mobile Asset Collection vehicle, 100% rating of pavement, Pavement Condition Index score development, rutting, ride quality and friction testing. As a Pavement Engineer for the project, Mr.

Mota rated pavement in conformance with Texas Department of Transportation standards.

Professional Pavement Management Services, City of San Antonio, Texas.

DTS provided a variety of pavement management services to the City including pavement condition assessment and maintenance of the City’s pavement inventory.

DTS used Mobile Asset Collection (MAC) vehicles to collect the pavement data.

Following collection, automated pavement distress extraction occurred followed by verification / modification by trained pavement extractors, with pavement distress types based on the ASTM D6433 standard. DTS also collected rut and roughness data. DTS also analyzed the existing degradation curves and calculated revised curves to reflect actual measured performance. Deliverables included a geodatabase, a videologger application to load images for a particular location and Total years of experience
4 Years with firm
4 Education
M.S., Civil Engineering, University of
Central Florida, 2017
B.S., Civil Engineering, Universidad
Iberoamericana, 2010
Certifications
Texas Department of Transportation
(TxDOT) Certifications
PMIS Visual Rater Cert Flex PV. CON
111
PMIS Visual Rater Cert Conc PV.

CON 110
Software
EarthShaper™
AutoCAD
MicroStation
SAS
MicroPAVER
ArcMap
61 Marcial Mota
Pavement Evaluator
Resume | DTS, a member of the SNC-Lavalin Group Page 2
3-year and 5-year Pavement Preservation Plans. Mr. Mota served as a Pavement Engineer.

Pavement Data Collection Services. City of Plano, Texas. Data Transfer Solutions is currently collecting and rating pavement information for the City of Plano. The project involves more than 500 lane miles of collection and rating. As a Pavement Engineer on the project, Mr. Mota is rating pavement and will assist with the final report.

Pavement Management System, City of Laredo, Texas. The City of Laredo selected Data Transfer Solutions to provide professional engineering services to the City. The scope of the project included the development of a fully functioning pavement management system for the City’s road network to include verification of the existing road inventory, performing pavement distress surveys for more than 1,500 lane miles and evaluating, recommending and implementing an appropriate pavement management software program. Mr. Mota was a Pavement Engineer on the project team, and accordingly he assisted with a variety of activities including pavement rating and quality assurance / quality control.

Pavement Condition Rating, City of Charlotte, North Carolina. In our second pavement condition collection and rating project performed for the 17th most populous municipality in the nation, DTS captured roadway data and pavement images using Mobile Asset Collection vehicles. The pavement images were used for pavement condition analysis using the ITRE methodology. Other assets collected by DTS for the City’s more than 2,500-centerline mile network were sidewalks, curb and curb type, average width of street per segment and presence of pavement striping.

Mr. Mota served in a Quality Assurance / Quality Control capacity for this project.

Pavement Condition Survey, City of Durham, North Carolina. The City chose DTS to perform this field survey of the pavement condition of the network of 720 miles of paved City-maintained streets in accordance with the ASTM D6433 standard. In addition, DTS collected data regarding pavement width, type of curb and gutter and depth of gutter pan to the City’s specifications. All results were uploaded into the City’s MicroPAVER pavement management system. Mr. Mota was a Pavement Engineer for the project.

DTS collected the data using Mobile Asset Collection vehicles and provided information to Pickens County in accordance with the ASTM D6433 standard. Mr.

Marcial was a Pavement Engineer on the project.

Pavement Condition Survey, Cobb County, Georgia. Mr. Marcial served as a Pavement Evaluator for this project which included software implementation, network database development, automated data collection for pavement condition surveys, budget analysis and maintenance optimization for the City’s thoroughfares which were approximately 610 centerline miles. The pavement condition survey was conducted per the ASTM D6433 standard, and the data was imported into Cartegraph. Subsequent to this project, the City once again contracted with the firm to perform a follow-up survey of all County-maintained roadways, and Mr. Mota is serving as a Pavement Engineer.
62 Resume | DTS, a member of the SNC-Lavalin Group Page 1 Jeremy Price
GIS Expert and Feature Extraction Analyst
Mr. Price is a GIS Analyst at Data Transfer Solutions. With a background in GIS, he helps to coordinate Mobile Asset Collection (MAC) projects and serves as the Project Quality Manager on many projects. He works directly with multiple teams within DTS, as well as directly with clients regarding their geospatial needs and deliverables within projects.

RELEVANT PROJECT EXPERIENCE
Pavement Condition Assessment, City of West Jordan, Utah. Data Transfer Solutions provided pavement condition assessment services to the City of West Jordan. These services included using Mobile Asset Collection (MAC) vehicles to collect geo-referenced data for the City’s 724 centerline miles of roadway and pavement analysis and calculations. Mr. Price served as the GIS Analyst and Project Quality Manager for the project.

Pavement Management Data Collection Services, Seminole County, Florida.

For Seminole County, DTS used Mobile Asset Collection vehicles to acquire submeter accurate imagery of the County’s 870 centerline miles of pavement in accordance with the ASTM D6433 standard. Approximately 1/3 of the network was collected each year. Following the rating of pavement by experienced personnel, DTS delivered a MicroPAVER database update and a GIS feature class file. Upon the completion of the project, DTS was awarded a subsequent project to perform the services for another 3-year period. Mr. Price served as the GIS Analyst for the initial project, and he has the same role for the current project.

Pavement Condition Assessment, Brevard County, Florida. Data Transfer Solutions provided pavement condition assessment services to Brevard County.

These services included using Mobile Asset Collection vehicles to collect georeferenced data for the County’s 1,120 centerline miles of roadway, pavement analysis and calculations, maintenance and repair strategy recommendations, condition forecasting, budget forecasting and recommendations for appropriate pavement management software. Mr. Price served as the GIS Analyst for the project.

Price served as the GIS Analyst for the project.

Right-of-Way Imagery Collection, Asset Extraction, and Inventory, Franklin County, Ohio. DTS utilized its fleet of Mobile Asset Collection vehicles to provide right-of-way assets on the City’s 543 lane mile network. DTS provided a spatial geodatabase of assets including images and conditions. DTS also preparing a videologger of all the images taken from the MAC vehicles for the project. Mr. Price was the GIS Analyst and the Project Quality Manager for the project.

Total years of experience
6 Years with firm
3 Education
B.S., Environmental Science/
Environmental Management,
University of Wes Florida, 2014
Certifications
Geographic Information Systems
Certificate, University of West Florida,
2014
Project Quality Manager (PQM) Silver
Certificate, 2020
63 Jeremy Price
GIS Analyst
Resume | DTS, a member of the SNC-Lavalin Group Page 2
Pavement Condition Survey, City of Houston, Texas. In its second multi-year contract with the City of Houston, DTS is using its fleet of Mobile Asset Collection vehicles to collect pavement and other assets along 1,231 centerline miles of major streets and 4,918 centerline miles of local streets for the City of Houston. DTS is providing the City with a pavement condition survey and a videologger allowing pavement management personnel to take a virtual drive along City streets. DTS will also prepare final reports for the City for pavement condition evaluation including reporting on IRI, PCI and related data. Mr. Price is the GIS Analyst for the project.

Aerial Mapping, Imageries & Condition Data Collection Utilizing Unmanned Aerial System (UAS), City of Houston, Texas. The City selected the Data Transfer Solutions team to provide UAS services with high-resolution georeferenced deliverables in TIFF and KMZ formats. The services include exploratory survey and mapping, condition rating and emergency response assessment along with cloud storage. Services are being provided in compliance with condition rating systems provided by the City for ditches, bridges and wastewater assets among others. Mr.

Price is the Lead Technician on the project.
64 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 20,
2022
Agenda Item #: 2
Agenda Item: Professional Services Agreement with Bureau Veritas Technical Assessments, LLC for ADA Self-Evaluation and Transition Plan Update
Executive Summary: Staff recommends entering into a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC to update the City's ADA Self-Evaluation and Transition Plan in order to ensure appropriate access exists for qualified individuals with disabilities, as well as to comply with State and Federal disability rights laws. Title II of the ADA requires public entities to identify barriers in policies, programs, and the built environment, and to prioritize and develop barrier removal solutions that will facilitate equivalent access for all qualified individuals. The City’s ADA Self-Evaluation and Transition Plan was last completed in 2012 and has not been updated since then. Industry best practices require public agencies to update their ADA Self Evaluation and Transition Plans to reflect the changing environment and infrastructure over time. This important process ensures that agencies can identify and remove barriers to their programs, policies, and activities. Funding is available to cover the cost of this Agreement and will be reimbursed through our risk pool's flexible spending account.

Requested Action / Suggested Motions: Pass a Motion to authorize and direct the Mayor to execute a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC for a term of nine months in an amount not to exceed $189,526.00.

Responsible Staff Member: Rebecca Penado, Risk Manager
Responsible Staff Member: Rebecca Penado, Risk Manager (530) 542-6064 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01 - Staff Report.docx
02 - BVTA Professional Services Agreement v2
03 - ADA Transition Plan 2012.pdf
04 - Evaluation Scoresheet for RFP 2022-08-05.pdf
65 Council Agenda Report- September 20, 2022 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: September 20, 2022
Title: Agreement with Bureau Veritas Technical Assessments, LLC for ADA Self-Evaluation and Transition Plan
Location: Citywide
Responsible Staff Member: Becky Penado, Risk Manager - (530) 542-6064 Background:

The City of South Lake Tahoe is seeking to update its ADA Self-Evaluation and Transition Plan in order to ensure appropriate access exists for qualified individuals with disabilities, as well as to comply with State and Federal disability rights laws. Title II of the ADA and Section 504 of the Rehabilitation Act requires public entities to identify barriers in policies, programs, and the built environment, and to prioritize and develop barrier removal solutions that will facilitate equivalent access for all qualified individuals.

The City’s ADA Self-Evaluation and Transition Plan was last completed in 2012 and has not been updated since then. Industry best practices require public agencies to update their ADA Self Evaluation and Transition Plans to reflect the changing environment and infrastructure over time.

This important process ensures that agencies can identify and remove barriers to their programs, policies, and activities.

Issue and Discussion:

In late June of 2022, a Request for Proposals was initiated for a consultant to update the City’s ADA Self-Evaluation and Transition Plan via Planet Bid #2022-08-05. The bid closed on August 5, 2022, and the City received four proposals from the following companies:
 Accessology Too, LLC
 Bureau Veritas Technical Assessments, LLC
 Sally Swanson Architects, Inc.
 SZS Engineering Access, Inc.

A selection panel comprised of Heather Stroud, City Attorney; Olga Tikhomirova, Finance Director; Randy Carlson, Associate Civil Engineer; and Rebecca Penado, Risk Manager/ADA Coordinator reviewed and scored the submittals based on the following criteria:
 Cover Letter (0-5 points)
 Executive Summary (0-10 points)
 Company History, Background, and Experience (0-20 points) 66 Council Agenda Report- September 20, 2022 Page 2 of 2  Scope of Work/Implementation (0-35 points)
 Project Budget & Fee Proposal (0-25 points)
 Description of Recent Projects/References (0-5 points) The scoring was as follows (average of scores from each evaluator):
 Bureau Veritas Technical Assessments, LLC 90.25
 SZS Engineering Access, Inc. 82.375
 Sally Swanson Architects, Inc. 76.75
 Accessology Too, LLC 76.5
Based on the scores determined in the review process, staff recommends passing a motion to authorize and direct the Mayor to execute a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC to complete the project of updating the City’s ADA Self-Evaluation and Transition Plan.

Financial Implications: The contract amount is not to exceed $189,526. Budget is available in Risk Management Professional Services FY21-22 account 100-01220-42020. Amount expended on services will be reimbursed through the City’s PARSAC/CIRA risk management flexible spending account into account 100-01220-36288 Insurance Reimbursements.

Environmental Considerations: This action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in direct or indirect physical changes in the environment). Alternatively, this action is categorically exempt from review under CEQA Guidelines section 15301 (existing facilities) because it consists of the operation, repair, maintenance, or minor alteration of existing public structures and facilities involving negligible or no expansion of existing or former use.

Policy Implications: Updating the City’s ADA Self-Evaluation and Transition Plan will increase access to City facilities and programs to individuals with disabilities. 67 CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 20th day of September 2022 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Bureau Veritas Technical Assessment, LLC (“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

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue until the project is complete and shall not exceed nine (9) months’ time.
68 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 $189,526.00 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 will be on a lump sum per task item on a progress basis as described in Exhibit B.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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.
69 7. Ownership of Documents.

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 70 any of the above-named officers, require that custody of the records be given to City and that the records and documents be 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 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.

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,
71 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.

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 72 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 73 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.
74 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. 75 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: Bureau Veritas Technical Assessments, LLC 180 Promenade Circle, Suite 150
Sacramento, CA 95834
Provide a copy to: Bureau Veritas Technical Assessments, LLC Erik Piller, Senior Vice President
180 Promenade Circle, Suite 150
Sacramento, CA 95834

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 76 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 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, 77 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.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the 78 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.

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.

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.
79 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 Erik Piller, Senior Vice President Date __________________________ Date _____________________________ Business License # ___________________
APPROVED AS TO FORM:

By____________________________ Date ________________________________ Heather L. 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
80 EXHIBIT A

SCOPE OF SERVICES
81 12
Bureau Veritas will conduct a kick-off meeting with the City of South Lake Tahoe to define communication channels,
define the scope of work, and to review the facility and program lists. Discussions will include recent and proposed capital improvements and available programs at each of the facilities. Bureau Veritas will note public use patterns and prioritization of the facilities and programs.

Prior to the kick-off meeting, Bureau Veritas will provide a pre-assessment questionnaire for each site and other
documentation. Documents requested, if readily available, are:
• Prior accessibility transition plans or self-evaluations • Site plans / floor plans
• Identification of any/all historic structures
• Description of each facility’s purpose
• As-built drawings (with dates of construction)
• Current reasonable accommodation policy
• Intersection / street / curb plans / previous sidewalk survey
The initial discussions with the City staff will include the following elements:
• Roles and lines of communication between and within
both the City and Bureau Veritas.
• Protocols for interaction between all parties throughout the project: Contact information should include the office and cell numbers for a minimum of 2+ contacts with the
appropriate City staff and Bureau Veritas.
• Field assessment logistics: Normally, Bureau Veritas does not require escorts to perform the field assessments,
except where escorts may be required within restricted
areas. Outline areas of client’s highest priority for any assessment to be completed during any training phases,
likely complexity of assessment data processing, efficient workflow each day of the assessment, and City requests. • Facility mapping.
• Protocol for handling paths not clearly designated on the map, not collected due to construction, or otherwise deemed inaccessible. (PROW Survey)
• Strategies for connectivity between isolated urbanized areas. (PROW Survey)
Field schedules and facility management interviews will be conducted once the schedule is approved by the City.

Once the field schedule is approved, Bureau Veritas will deploy trained accessibility assessors with backgrounds in Landscape Architecture, Architecture, Engineering, and Building Systems for facility assessments. All field resources assigned have been professionally trained in accessibility assessments and have performed numerous assessments.

Program Access and Policy Review
Bureau Veritas is experienced with the program access
test defined in Title II 35.150(b), and realizes that not all amenities are required to be accessible. Bureau Veritas’s goal is to assist the City in providing the most economically viable improvements for its users. Through consultation with staff, stakeholder surveys and our field observations, Bureau Veritas will provide barrier removal recommendations
to improve the amenities necessary to comply with the
applicable standards to provide program access.

An assessment of the City’s programs will be performed. The United States Department of Justice defines “programs” as the “programs, services and facilities” of a Title II entity. The current status of the City’s programs as defined by the DOJ will be evaluated through discussions with City staff and a review of documentation. The goal mandated by Title II of the ADA is to ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible or other assistance is not available.

Steps needed to make programs accessible to disabled
individuals will be detailed, such as, providing sign language interpreters to enable an individual with a disability to obtain the service, or providing benefits at an alternative accessible location in order to ensure that individuals with disabilities receive the benefits or services.

Bureau Veritas will meet with the designated representatives of the City to gather information from the various departments regarding the access opportunities or problems which have arisen in the past. Bureau Veritas will evaluate the issues and experiences with respect to the provision of services to people with disabilities.

A program survey will address issues with respect to the delivery of accessible programs and services. A policy and program review provides a greater scope of information
about structural changes required for barrier removal.

The list of public programs and methods of communication with the public has not been provided to Bureau Veritas as part of the City’s request for a proposal. As such, Bureau Veritas has limited the review of said programs and
communications to eighty (80) man hours. Bureau Veritas will work with the City to prioritize the review to those programs with the highest impact to the community.

It is possible that the program assessment will determine that providing full access to a given program, service or activity is simply not possible. In such a case, Bureau Veritas will work with the City to determine if providing full access to the program would be an “undue financial and
D. SCOPE OF WORK/IMPLEMENTATION
82 13
administrative burden.” Determinations regarding a finding of an “undue financial and administrative burden” require specific documentation as set forth in the Title II regulations.

Public Outreach
Community engagement is an essential part of creating a successful Transition Plan and Policy Procedure Guideline.

BV with work with the city to seek input from Staff, the general public, and the accessible community. This input is critical for understanding how facilities are actually being used and how to increase usability. Early engagement
increases community awareness, engagement after the
draft Transition Plan increases buy-in from the community, especially those advocating for accessibility.

The community engagement results and the City’s ADA
Compliance Team’s advice will be incorporated into the
Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy
in order to enhance accessibility to the maximum extent possible.

Bureau Veritas has experience with public outreach,
including public input to the transition plan. Public outreach must be conducted prior to development of the Transition Plan, in order to determine user priorities and program opinion. Bureau Veritas will arrange for and conduct a
public outreach meeting for the community at large. Bureau Veritas will reach out to local disability rights and service organizations for their valuable community input.

Bureau Veritas’s goal is to assist the City in providing the most economically viable improvements for its users. The results of the initial public outreach and the advice of the City’s ADA Compliance Team will be incorporated into the Transition Plan. Bureau Veritas will provide barrier removal recommendations to improve the amenities necessary to
comply with the applicable standards to provide program access.

FEATURE
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 1
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 2
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 3
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 4
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 5
Public Restrooms 60% 0% 40% 0% 0%
Accessible Seating 20% 30% 20% 20% 0%
Accessible Routes 20% 30% 10% 20% 20%
Entrances / Doorways 0% 10% 20% 40% 30%
Parking Accommodations 0% 10% 10% 40% 40%
Note: Highest percentages are highlighted. Percentages are rounded numbers.

PUBLIC SURVEY RESULTS FOR CITY BUILDINGS

FEATURE
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 1
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 2
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 3
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 4
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 5
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 6
Parking Accommodations 55% 0% 22% 11% 11% 0%
Public Restrooms 22% 44% 0% 22% 11% 0%
Accessible Pavilions / Seating 11% 33% 22% 33% 0% 0%
Park Trails / Accessible Routes 11% 11% 11% 11% 33% 22% Access to Sporting Fields ‐
Basketball, Soccer, Softball 0% 11% 11% 11% 22% 33%
Playgrounds 0% 0% 33% 11% 22% 44%
Note: Highest percentages are highlighted. Percentages are rounded numbers.

PUBLIC SURVEY RESULTS FOR CITY PARKS
83 14
The ADA requires that a public entity solicit and allow for the participation of interested persons in the development of a Transition Plan. The public outreach effort for the Draft Transition Plan will include advertisements in local newspapers in the weeks leading up to a public meeting
for presentation of the draft Transition Plan. It will be the responsibility of the City to post notice of the public meeting on the City website.

OPTION: Review of Website Accessibility
The ADA applies to Title III public accommodations’
websites, regardless of whether there is a specific regulation or technical standard in the ADA standards.

In a 2018 letter to Congress regarding business owned
websites, the Department of Justice (DOJ) noted, as it has in the past with other elements, spaces, or technologies for which there are no technical accessibility specifications, that the absence of a technical standard does not “serve as a basis for noncompliance” with the ADA’s general obligation to ensure equal access to goods and services. Rather, it means that public accommodations have “flexibility” in how to facilitate that access.

Existing website standards and guidelines can help web
developers create and maintain accessible websites. DOJ has often referred to the Web Content Accessibility Guidelines (WCAG 2.0), developed by the Web Accessibility Initiative (WAI), as a way of measuring the accessibility of websites.

Bureau Veritas will analyze and evaluate the client’s website for accessible content, including use of the WAVE web
accessibility evaluation tool or similar technology. Applying the current WCAG version (currently 2.1), Bureau Veritas will determine barriers to accessibility within the client’s website and present appropriate barrier removal.

Transit Accessibility Program
When we draft transition plans for the City’s public
rights of way, we will be taking the availability of public transportation into account. As we’ve noted elsewhere in this response, federal law requires that when the program or activity of “getting around a community” is analyzed and maximum accessibility should be provided. At the same
time, it is unrealistic to assume that a public entity’s streets and sidewalks will be fully accessible as if they were built to current standards.

With rare exceptions, the existing conditions found in any public entity’s public rights of way are not going to allow for a single massive construction project in order to provide perfect physical access. Accordingly, other matters; most notably public transit, shuttle services, paratransit and special transport services should be analyzed as part and parcel of a total picture of municipal accessibility.

Our PROW review will include review of up to 25 designated transit stops.

Facility and Parks Assessments
An experience accessibility field observer will visit each property to observe the general condition of the site, facility interior, facility exterior improvements, and review available documents in order to familiarize themselves with each
site’s specific accessibility issues. Bureau Veritas will conduct a walk-through visit of each facility in order to observe and identify physical accessibility deficiencies and formulate recommendations to eliminate the physical barriers.

As a part of the assessment process, Bureau Veritas will meet with a City representative in order to gain a clear understanding of the overall features and programs,
property condition, and completion dates of additions
and/or renovations, either on-site as part of the individual site assessment or at City offices reviewing the entire City inventory. Areas to be observed include all interior and exterior features of the property, including parking lots, amenities, sidewalk/pathways, recreational assets, exterior access ramps, all interior areas accessible to the public, and employee areas.

The field observer will develop recommendations
based on the walk-through visit and interviews with City representatives and Bureau Veritas’s vast experience
gained on similar properties previously evaluated. The field observer may also question others who are knowledgeable of the property’s physical condition and operation, or of similar systems to gain comparative information to use in evaluation of the property.

The field observer will review documents and information provided by City that could aid Bureau Veritas’s knowledge of the subject property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

During the walk-through, the observer will utilize a field checklist based on the 2010 ADA Standards for Accessible Design, which are the current ADA accessibility guidelines (ADAAG), as well as any more stringent accessibility standards defined by the State of STATE and local accessibility codes.

The field observer will utilize a digital level, measuring tape, door pressure gauge, light and sound meters, and
digital camera or an iPad with equivalent capability to evaluate existing elements to determine if barriers are present. The observer will identify and prioritize any existing improvements not in accordance with ADA, state, and local 84 15
accessibility requirements, in the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the City and by public
survey results, such as:
• Physical access to the property
• Access to interior public areas
• Access to common areas, including recreation facilities and other observable space
• Access to restrooms; and
• Removal of remaining barriers
The field checklists will incorporate the applicable standards.

An excerpt of the field checklist is included below.

The Bureau Veritas team will assess exterior areas and
interior common areas that are defined as areas of public accommodation, as well as the employee areas defined by the City. Bureau Veritas will identify existing non-compliant conditions, including but not limited to, the elements
specified below (if applicable):
• Space allowance/ranges
• Accessible routes, vestibules, corridors
• Protruding object
• Ground/floor surfaces
• Loading zones
• Curb ramps
• Ramps
• Stairs
• Elevators
• Platform lifts
• Windows
• Doors
• Hardware
• Work surfaces
• Entrances and exits
• Drinking fountains and water coolers
• Water closets
• Toilet stalls
• Urinals
• Lavatories and mirrors
• Bathtubs
• Shower stalls
• Toilet rooms
• Bathrooms
• Dressing/fitting rooms
• Sinks
• Storage
• Handrails, grab bars, and tub/shower seats
• Controls and operating mechanisms
• Alarms (visual, audible)
• Detectable warnings
• Signage (Braille, visual)
• Telephones
• Switches and outlets
• Seating and tables
• Assembly areas
• Parking
• Sidewalks and walkways
• Playgrounds and play areas
• Pools/aquatic facilities
• Recreational assets
If proposed solutions to the identified barriers to accessibility would place an undue administrative or financial burden on the City, Bureau Veritas will discuss these solutions in advance with City staff. Bureau Veritas will provide an order of magnitude (pre-planning level) estimate for all items of work necessary to bring each facility into compliance. All estimates will be based upon current year costs without escalation. Escalation factors can be included if preferred by the City.

WHEELCHAIR STALLS YES NO N/A NOTES Regulatory
Section
Is there 48” min. from the door side of compartment to any wall or obstruction when approach to compartment is parallel approach to the latch side of the door? Measurement must be made perpendicular to compartment door when fully closed from outside of door to obstruction outside compartment.

CBC Chap
11B-604.8.1.2
Does door have door pulls on both sides of door near the latch? CBC Chap 11B-604.8.2.2
Is centerline of water closet 17" min. to 18" maximum from side wall?
CBC Chap
11B-604.2
85 16

PRIORITY RANKING AND CLASSIFICATION
The analysis will include all barriers to be ranked by Priority Classes. The five classes below are DOJ recommended but can be altered to meet your specifications and needs:

Priority 1: Accessible Approach and Entrances – An
entity providing accommodation to the public is
required to take measures to provide access to a place
of public accommodation from public sidewalks,
parking, or public transportation. These measures
include, for example, installing an entrance ramp,
correcting tripping hazards or lessening the slope of a curb ramp. At least one route of travel to each amenity or feature should be safe and accessible for everyone,
including people with disabilities.

Priority 2: Elements along the Accessible Route –
Barriers which occur along the path of travel shall be
removed, where such a barrier is easily accomplishable.

Examples include moving items within reach range,
widening doors, installing accessible door hardware,
and removing high-pile carpeting.

Priority 3: Restroom Facilities – Barrier removal may
include widening of toilet stalls, installation of grab bars. replacement of sinks and drinking fountains.

Priority 4: Access to All Other Features and Amenities – Measures are required to provide access to other areas.

This priority is for items not required for basic access in the other three higher priorities.

Priority 5: Employee-Only Areas – Employee-only
areas are designated as the lowest priority, as a method of placing public spaces as a higher priority for barrier removals.

Public Rights-of-Way Evaluation
Prior to initiating the public right-of-way portions of the contract, Bureau Veritas (BV) will confirm the list of sidewalks, streets and curb cuts that will be analyzed.

BV will systematically survey the sidewalk and street
crossing surface environment for compliance with state, local, and Federal accessibility standards. BV will document changes in level, horizontal openings, upheavals, and other pathway events that may pose a barrier or potential hazard in the sidewalk and street crossing environment. Any major impediments and obstructions will be recorded.

BV will measure the grade and cross slope of each element of the curb ramp. The barriers of each curb ramp or the lack of a curb ramp will be documented. BV will capture deficiency data for transit stops, signalized intersections, and unsignalized intersections, including access to pedestrian pushbuttons and the condition and presence of crosswalk markings.

The PROW survey will begin in those priority areas that received the highest rank and will then extend to the other areas which are part of the rights-of-way list. This evaluation will identify and record any gaps in connectivity, potential safety hazards, obstructions, missing curb ramps, and
general noncompliance with accessibility regulations,
including the following:
• Assessment of the Pedestrian Right of Way (Sidewalks) • Assessment of Curb Ramps
• Assessment of Pedestrian Crossings, Signalized
Intersections, Un-signalized Intersections
86 17
Public Rights of Way Assessment Process (PROWAP)
Technology
The BV team will utilize a proprietary PROWAP engineered by PathVu to efficiently and accurately assess the
conditions that exist in the sidewalk environment within the City’s jurisdiction. An assessment coordinator utilizes pathMet, a pushcart system, along each sidewalk corridor, which systematically evaluates the sidewalk surface
and environment for compliance with state and federal
accessibility standards. The system automates the process of discovering and documenting changes in level, horizontal openings, upheavals, or other pathway events that may pose a barrier or potential hazard in the sidewalk environment.

The PROWAP system provides spatial information about
the features discovered, including GPS data, a digital
image, and the distance along the stroll path. BV is able to provide an objective high-resolution data that inventories and characterizes sidewalk conditions. The collection
device is engineered to meet ASTM standard E3028 with
the output providing a route accessibility index allowing for prioritization based upon the customer’s needs.

Data collection for curb ramps is also effectively streamlined by use of the curbMet tool. The curb ramp data collection tool is used to measure the grade and cross slope of each element of the curb ramp. Once the dimension measurement portion of the curb ramp assessment is finished, the entire assessment is complete, the data output is analyzed and indexed based on the customer’s needs.

PROW Deliverable
The sidewalk data collected is integrated, along with various 3rd party data, into the pathVu data analytics platform and is processed to provide a characterization of a span of the sidewalk. Condition, grade, and curb ramp information
are all combined to provide a comprehensive view of a
walkability network and enables engineering firms and
municipalities can use to prioritize and spec the sidewalk repairs and upgrades. Reports from both data collection tools are combined and presented to the customer in GIS and Shapefiles.

The sidewalk and street crossing reports will include the following:
• Conversion of field data into the agreed upon format for import and use by the City.
• Spreadsheet data in Microsoft Excel format that contains a worksheet with the collected data for each feature type assessed, as well as a worksheet that contains the best path of travel data.
• Relatable tables (including GPS coordinates) in a file that contain the results of the assessment.

Standard Plans Review
BV will review the City Standard Plans or “Public Improvement and Engineering Standards” (PIES) for ADA compliance and identify necessary revisions and recommended additions.

BV has included 48 hours of review time in our costs.

Transition Plan
The field assessment data and costs, programs assessment, and the public rights-of-way data and costs will be brought together in one document to form the Transition Plan. Once the assessments of the programs, buildings, facilities, and parks are complete, data will be analyzed and prioritized.

The Transition Plan document will include all identified barriers to accessibility, associated costs for barrier removal, and tentative solutions.
87 18
Solutions will be discussed with City staff and presented to stakeholders, as needed. Once all facility assessments have been completed, a Draft Transition Plan will be prepared. The Transition Plan will provide a framework for full compliance with the accessibility regulations.

The Transition Plan process comprises the following
components:
• Identification of physical and programmatic barriers in facilities under the City’s jurisdiction.
• Determination of the barrier removal remedy and an
order of magnitude estimate of the cost of the barrier
removal required to eliminate the physical barrier or
discriminatory practice.
• Assignment of priority level to the barrier removal.
• Formulation of the Transition Plan within the parameters of projected fiscal year budget constraints.

Within the Transition Plan, Bureau Veritas notes work that shall remove physical and programmatic barriers in existing facilities, and communication barriers structural in nature, where such removal is able to be carried out without much difficulty or expense. This document will outline in detail the steps required for the City to achieve accessibility compliance. Where the Transition Plan identifies work which will take longer than one year to complete, a multi-year schedule with priorities will be provided.

Results of the initial public outreach and the advice of the City’s ADA Compliance Team will be incorporated into the Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy
in order to enhance accessibility to the maximum extent possible.

Bureau Veritas will meet with the ADA Compliance Team
to present a Draft Transition Plan and gain its input
and commentary on the Draft Transition Plan prior to
presentation to the community.

The ADA requires that a public entity solicit and allow for the participation of interested persons in the development of a Transition Plan. The public outreach effort for the Draft Transition Plan will include advertisements in local newspapers in the weeks leading up to a public meeting
for presentation of the draft Transition Plan. It will be the responsibility of the City to post notice of the public meeting on the City website. Following the public meeting, Bureau Veritas will meet with the ADA Compliance Team to review all applicable commentary and to make choices regarding the draft final plan to be presented to the City. Regular maintenance or rehabilitation projects and that accessibility projects are blended into other scheduled work, when
possible.

Following the review and inclusion of public comments
in the Transition Plan, Bureau Veritas will submit the Final Transition Plan in printed and electronic copies to the designated parties and stakeholders. The Final Transition Plan will include an executive summary, and a description of how the entire self-evaluation and transition planning process was conducted. Bureau Veritas will present the Final Transition Plan to the City at a scheduled meeting. Along with the Transition Plan and a summary, Bureau Veritas will prepare a PowerPoint presentation that will explain how the Transition Plan was formed, the choices which were made with respect to accessibility solutions, the manner in which budget decisions were made, and the benefits that the
implementation of the Transition Plan will bring to the City.

Deliverables
The deliverables are:
• Facility ADA Assessments- individual facility reports • Public Rights-of-way Assessments- individual rights-ofway reports • Program Access and Policy Review - Optional
• Public Outreach Meetings (2) and Public Survey
• Transition Plan
The facility assessment and program assessment reports are provided in electronic format and are typically represented in three formats:
• Word® document converted to an Adobe PDF, with
photographic images of barriers and GPS positioning of
exterior barriers.
• Excel® spreadsheet with code references, existing
conditions, barrier resolution, and cost data.
• Cloud-based database ADA AssetCALC™.

Bureau Veritas will provide an ADA report for each facility assessment with a description of each barrier observed
and recorded, and will define the location, recorded
measurements, barrier description, applicable ADAAG/
state/local code reference, viable corrective action, priority, and order of magnitude (pre-planning level) cost estimate of repair. Color photographs of each barrier are included with the barrier record. Barriers will be identified and presented by individual facility. Each report will include an executive summary, including a summary cost table identifying the estimated cost to correct each facility.

The Public Rights-of-Way (PROW) reports will be provided with all of the collected and derived data in a spreadsheet 88 19
format compatible with Microsoft Excel and as a file
geodatabase that is compatible with GIS products. The
PROW data is separated into two primary data sets; the
Segment Data that contains surface information, and the Feature Data.

Bureau Veritas will use our web-based database, ADA
AssetCALC™ for the facility assessments, and for components of the Transition Plan. ADA AssetCALC™ will provide the City with the ability to generate cost tables for all facilities, or for each individual facility. Similar types of barriers can be queried within the ADA AssetCALC™ database across all facilities, with the resulting ability to improve purchasing and contracting power. Barriers can be ranked by priority for removal. Photos will be uploaded to ADA AssetCALC™ to be viewed as a photo log or individually, when reviewing a specific barrier. Bureau Veritas will provide a Transition Plan, which will include the program access report, presented in a Word document converted to an Adobe PDF, with the data exportable to an Excel format. Bureau Veritas will provide an electronic draft of the reports for review, including text, tables, digital photos, field notes, and supporting documentation. Final reports will be provided after all City comments have been addressed.

Data Management Solution - ADA
AssetCALC™ Software
Bureau Veritas is providing access, at no additional charge, to ADA AssetCALC™ for a period of one year. This platform streamlines the Capital Planning and ADA Transition
Planning process by compiling funding requirements for
barriers and creating budget models based on project
priority, life cycle maintenance, and repair requirements.

The City is not required to utilize this software as we will provide hardcopy reports and we can export the data to
Excel and Word formats. We have included ADA AssetCALC™ licenses for two (2) years with unlimited users. If the City wishes to use the software after the initial year. The annual license fee will be $2,000.

ADA AssetCALC™ is a web-based SQL database platform
that enables users to query, edit, and analyze their facility accessibility and condition data to plan immediate and
short-term barrier repairs, and budget capital expenditures throughout the lifecycle of a single building or an entire portfolio. The system unites Bureau Veritas’ experienced field data collection methods with advanced planning and reporting tools, construction cost library, location mapping features, digital photo management, and document storage.

ADA AssetCALC™ will provide the City with the ability to list, prioritize, query, and track deficiencies recorded through the Self-Assessment Process. It is easy to use, and populated with accessibility requirements pertinent to the City. Bureau Veritas recognizes that budgets change and the Transition Plan must be able to account for unplanned occurrences.

ADA AssetCALC™ provides a process to complete work on
those barriers that have been corrected over time. Reports can be queried instantaneously to reflect the barriers
corrected. ADA AssetCALC™ provides the ability to track progress over time.

Prior to populating the database, Bureau Veritas will work with the City to establish required attributes and data points associated with each asset. This will include a discussion of the relative priority of the asset requiring barrier removal.

This will include all City physical assets and will be grouped in a hierarchy based on site location, asset group, and function.

Bureau Veritas will utilize ADA AssetCALC™ to track physical accessibility needs associated with the Implementation/ Transition Plan. The database contains a capital planning and transition planning module in which accessibility
construction projects may be established, including barrier removal priorities. It will provide the City with a consolidated database of capital projects related to barrier removal.

Capabilities of ADA AssetCALC™ include, but are not limited to:
• Microsoft.net web-enabled software
• Customizable fields, groupings, and reporting
• Reports, charts and graphs to forecast capital needs for individual buildings and construction projects
• Progress reports and tracking of the corrective measure progress
• Capital budget planning tools to assign and track
progress over fiscal years
• Corrective action work completed/progress complete
• Access to the observed site conditions of barriers with photographs and GPS positions of exterior barriers
• Updateable cost library makes budgets more accurate
over time
• Customizable priority framework and search tools to
help decision makers
• Export tools to take data to other applications, including Microsoft Excel
• Repository for storing and searching documents related to buildings and component
• ADA compliance library to plan and track accessibility improvements
• Administrative tools for managing user access
ADA AssetCALC™‘ reporting can include GPS coordinates for locations of each exterior barrier on a satellite map. Bureau Veritas, in conjunction with Google Earth imaging, provides the most recent satellite mapping. Each exterior barrier is indicated by its own GPS marker.

Screenshots and a live demonstration are available upon request. 89
20 Observation Input / Barrier Detail Screen
90 21
Interactive GPS map with numbered icons
Work Completed/Verified Report
91 22
Barrier ID Type
Barrier
PriorityDetail GPS Lat/
Long
Location
Desc Ref. # Quantity Cost Unit Total
59893
Building
EntranceDoors1
The
maneuvering
clearance at
the entry door
is not
compliant

34.603538
-118.153558
Main
building
entrance
CBC
Chap
11B404.2
1 1750 EA 1,750
59867
Bathrooms/
Bathing
Rooms/
Shower
RoomsSinage
3 The women's
restroom does
not have
compliant
signage at the
door
Women's
public
restroom
CBC
216.2,
703.1,
703.2,
703.5
1 110 EA $ 110
ADA AssetCALC Summary Cost Table
The ADA AssetCALC™ cost estimating database is based on both Whitestone Research and RS Means data, and further customized with proprietary cost tables developed by
Bureau Veritas, based on historical and localized actual costs.

Bureau Veritas maintains and updates the cost estimating system with information received from the field. Through ADA project management and construction monitoring
work, Bureau Veritas has current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows Bureau Veritas to calculate costs based on local conditions to maintain a cost database that is typically more current than Whitestone Research and RS Means’ models.

Typically, barrier removal planning level cost estimates are based upon the removal of the specific element, for example, a parking stall or curb ramp. In some site-specific instances, barrier removal may affect an area beyond the specific
location of the barrier. Grading plans based on field surveys using land surveyor instrumentation, or architectural plans requiring wall relocation could result in significantly different material quantities and subsequent higher project costs.

The database contains standardized order of magnitude
cost estimates for barrier removal for use in prioritizing the work in the Transition Plan. At the implementation stage, it is anticipated a detailed specification will be prepared and bids will be generated to establish planning level costs.

ADA AssetCALC™ cost estimates are pre-planning level,
order of magnitude barrier removal cost estimates. Cost tables, similar to the ones detailed in the table below, will be provided for each facility/site.
92 EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $189,526.00
Program Management $10,320.00
ADA Title II Survey & Individual Reports $95,526.00
Transition Plan $17,280.00
Public Rights-of-Way Survey/Reporting $31,380.00
Program and Policy Review $18,800.00
Public Outreach Meetings (2) and Council Meeting $6,240.00 Optional Website Review $9,980.00
(travel is included in the TOTAL (not to exceed amount)) TOTAL (not to exceed) $189,526.00

TIMELINE
The services shall begin on a date agreed upon by both parties and last until the project is complete and shall not exceed nine (9) months’ time. 93 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:

Name, Title
By:________________________________________
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EVALUATION SCORE SHEET
Vendor/Proposer
Name
Evaluator
#1 Total
Score
Evaluator
#2 Total
Score
Evaluator
#3 Total
Score
Evaluator
#4 Total
Score
TOTAL

SCORE RANKING COMMENTS
Bureau Veritas Technical
Assessments (BVTA) 94 84 85 98 361 1
Good proposal, concise, to the point,
easy to read with bullet point lists; about
half the cost of all other proposals. Lots
of relevant CA specific, municipal
experience.

SZS Engineering Access,
Inc. 77 85.5 87 80 329.5 2
Highly experienced company, but
proposal was more detailed than
needed and more than 2x as expensive
as Bureau Veritas.

Sally Swanson
Architects, Inc. 68 80 84 75 307 3
Seemed to have mostly architecture
type experience, and most expensive
proposal.

Accessology Too, LLC 76 77 77 76 306 4
Seemed to have mostly TX and
experience in other states, so not sure if
they are familiar with CA ADA code.

Parts of proposal felt like an "ad" for
technology they were pushing, but no
mention of cost for this.

INSTRUCTIONS:

1. Vendor/Proposer Name: Fill in company name from each RFP/BID received

2. Evaluator #1: insert "Total Combined Points" located at the bottom of each Vendor/Proposal Evaluation Form

3. Evaluator #2: insert "Total Combined Points" located at the bottom of each Vendor/Proposal Evaluation Form

4. Evaluator #3: insert "Total Combined Points" located at the bottom of each Vendor/Proposal Evaluation Form

5. Evaluator #4 (if necessary): insert "Total Combined Points" located at the bottom of each Vendor/Proposal Evaluation Form

6. Total Score: This is the total combined score from all evaluators for each Vendor/Proposer

7. Ranking: Rank each Vendor/Proposer based on total number of points, highest to lowest. Rank numerically, 1 as the highest

8. Comments: note any comments relevant to the scores, or comments the DH should consider for final determination

9. #1 Ranking typically is the Highest number of points and would be the recommended vendor to the Department Head

10. Department Head makes the recommendation for Award based on ranking, comments, and recommendation 156
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 20,
2022
Agenda Item #: 3
Agenda Item: Agreement with Interwest Consulting Group, Inc. for Right of Way Support Services on Pioneer Trail Pedestrian Improvement Project Phase II
Executive Summary: Council will consider awarding a professional services agreement to Interwest Consulting Group for right of way support services for the Pioneer Trail Pedestrian Improvement Project Phase II. Services include assisting the City with acquiring 19 permission to enter and construct agreements, 9 temporary construction easements, and 1 permanent easement. These agreements and easements are needed in order to construct the project. The total cost of the contract is $114,000, which is fully funded with a combination of grant funds and grant match funds that were previously accepted and appropriated via resolution 2022-064.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Interwest Consulting Group, Inc. for an amount not to exceed $114,000 and 10% contingency for an amount of $11,000 for right of way support services on the Pioneer Trail Pedestrian Improvement Project Phase II.

Responsible Staff Member: Randy Carlson, Associate Civil Engineer Responsible Staff Member: 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 - Pioneer Trail.docx
02-PSA - Interwest Consulting Group - Pioneer Trail Pedestrian Improvement Project Phase II.pdf 03-Interwest Proposal.pdf
157
Council Agenda Report- September 20, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 20, 2022
Title: Professional Services Agreement for Right of Way Services in Support of the Pioneer Trail Pedestrian Improvement Project Phase II
Location: Pioneer Trial from Ski Run Blvd to Larch Ave
Responsible Staff Member: Randy Carlson (530) 542-6033
Background: The Pioneer Trail Pedestrian Improvement Project - Phase II is a much-needed upgrade that will construct new sidewalks, pedestrian lighting, stormwater infrastructure, bus shelters, bus pull-outs, and landscaping on both sides of Pioneer Trail between Ski Run Boulevard and Larch Avenue.

This project is a continuation of the City’s Best in the Basin award-winning project undertaken in 2013/14.

Once completed, it will allow for better pedestrian mobility along Pioneer Trail from Ski Run Boulevard to US Hwy 50.

In 2018, the City was awarded $420,000 of Surface Transportation Block Grant funds to design the project.

The project is now 60% designed. In February 2022, the Tahoe Regional Planning Agency awarded the City $411,000 of grant funds toward the Right of Way phase of the project. These grant funds were accepted and appropriated into the project account by resolution 2022-064.

Issue and Discussion: The City and our design consultant have determined that additional right-ofway will need to be obtained to construct this project. The City needs 19 permission to enter and construct agreements, nine temporary construction easements, and one permanent easement This project is federally funded and the funds are administered by Caltrans. As a result, the City must follow the strict guidelines of the Caltrans Local Assistance Procedures Manual (LAPM). One requirement from the LAPM is that Right of Way acquisitions must be performed by a Caltrans certified agency or consultant. The City of South Lake Tahoe is not a qualified agency, so we must contract with a consultant who is qualified to perform the work.

The City issued a Request for Qualifications (RFQ) to obtain a qualified consultant to obtain the required easements and agreements on our behalf. The City posted the RFQ on the City’s Planet Bids website. The City received six proposals from qualified candidates. The three-person review panel comprised of two staff members from Public Works and one from the Finance Department independently rated each of the consultants. The final ranking is shown in Table A below. As shown below, Interwest Consulting Group was determined to be the most qualified firm.
158
Council Agenda Report- September 20, 2022 Page 2 of 3
Table A
Firm Name Score (out of 300) Final Ranking
Interwest Consulting Group 283 1
Monument 280 2
Overland Pacific & Cutler 275 3
Paragon Partners 269 4
Bender Rosenthal Incorporated 261 5
Regency Right of Way Consulting 239 6
It is expected that all easements and agreements to be obtained from the property owners voluntarily and no eminent domain is expected at this time. Temporary construction easements and permission to enter and construct agreements are not a permanent use or taking of land. They are a way in which government agencies can formalize receiving permission to enter onto private property to either remove existing City infrastructure that was built on private property, or to regrade driveways to conform with the new construction.

Financial Implications: This contract is fully funded with previously approved Congestion Mitigation and Air Quality Improvement (CMAQ), Highway Infrastructure Program (HIP), and City grant match funds.

Funding required for this contract is outlined in Table B below. Grant funding and expenditure appropriations currently available in the Pioneer Trail Pedestrian Improvement I & II project account 301- 50024-48040 total $464,250.

Table B
Item Quantity Unit Cost Total
PSA with Interwest Consulting Group 1 $114,000 $114,000 Contingency for PSA 1 $11,000 $11,000
Total $125,000
In addition to the consultant fees outlined in Table B, each property transaction will require a title report, escrow fees, and acquisition costs. These costs are estimated in Table C below, but will not be fully known until negotiations have concluded with each property owner. The costs outlined in Table C are not a part of this contract award but are included for transparency so the estimated cost of right-of-way acquisitions are known. The total cost of right-of-way consulting services and acquisitions costs (Tables B & C) are expected to be $340,000, which will be fully paid for with grant funds.

Table C
Item Quantity Unit Cost Total
Permission to Enter and Construct Agreements 19 $2,500 $47,500 Temporary Construction Easements 9 $5,000 $45,000
Permanent Easement 1 $50,000 $50,000
Title Reports 29 $1,500 $43,500
Escrow Fees 29 $1,000 $29,000
Total $215,000
Environmental Considerations: This project has already completed the CEQA permitting process. On February 2, 2021 the City Planning Commission approved the project as exempt from CEQA permitting pursuant to Section 15301 Existing Facilities. NEPA permitting was completed on June 9, 2021. The NEPA process was completed under a Categorical Exclusion as determined by Caltrans, who is the lead implementing agency. (CML 5398(14)) The project is also a part of the TRPA Environmental Improvement Program (EIP) and is in the process of finalizing the TRPA project permit. 159
Council Agenda Report- September 20, 2022 Page 3 of 3
Policy Implications: This Project is consistent with many of the City Council priorities for 2019 and beyond. The Project is a recreational and transportation improvement that will develop new sidewalk improvements approximately 0.45 miles in length along both sides of the road. The Project is considered an active transportation project, which will encourage people to get out of their cars and to walk or ride their bikes, which is in line with Council’s desire to combat climate change. The Project will also add some drainage infrastructure along Pioneer Trail, which will extend the lifetime of the roadway and reduce required maintenance along this section of roadway.
160

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 until April 30, 2024. 161

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 $114,000.00 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.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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 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. 162
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, and 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 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 163
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.

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, 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 164
shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

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 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.

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 165
acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

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 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 166
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 singlelimit per occurrence basis. 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 167
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. 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.
168
If to City: City of South Lake Tahoe
Attn: Randy Carlson
1740 D Street
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way Road, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Kent Jorgenson
Interwest Consulting Group
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758

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 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.

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 169
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 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
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ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

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.

33.Mandatory Fiscal and Federal Provisions for Federally Funded Projects The articles contained in Exhibit D are incorporated herein to this agreement.

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 Kent Jorgensen,
Director of Real Estate Services
Business License # 011753
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By____________________________
Sue Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D – Mandatory Fiscal and Federal Provisions for Federally Funded Projects
Exhibit E – Required Caltrans Exhibits
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EXHIBIT A

SCOPE OF SERVICES
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SCOPE OF WORK
TASK 1: PROJECT MANAGEMENT
Meetings. Attend meetings with the City, including the initial kick-off meeting. Meeting minutes, agendas and reports are provided when directed by the City’s project administrator.

Status Reports. Provide and maintain title, appraisal, acquisition and relocation database/status reports for all project personnel to access.

Subconsultant Management. Provide management and coordination of services for all subconsultants.

Escrow Coordination. Provide coordination services with the escrow company, including ordering preliminary title reports, opening escrows and facilitating escrows for the acquired property.

Scheduling. Prepare and provide the City with project schedules, as needed.

Quality Assurance/Quality Control Management. Provide quality control management for all areas of the project, including coordinating efforts with the City to ensure a compliant project.

Data Management. We will use QuickBase as a project management tool for tracking project-related tasks and milestones, as well as customized dashboards for monitoring individual performance efficiency, timelines and cost containment strategies. Our reports are tailored to each client’s specifications to provide the critical information necessary for management decisions.

Project Close-Out. Provide the services required to finalize and close out the project.

TASK 2: APPRAISAL

PRIMARY APPRAISAL
Manage and Distribute Appraisal Assignments. Facilitate the distribution of appraisal assignments, including appraisal review reports and ensure clarification of project scope.

Coordinate Meetings. Hold meetings with the selected appraiser and review appraiser to review and discuss the project scope, requirements for the appraisal reports and reviews, as well as the type of reports required and the required written notice of inspection to the owner.

Notice of Intent to Appraise. Prepare the Notice of Intent to Appraise letter for each property, advising the property owners of the proposed project, introducing the appraiser and providing contact information to answer questions and concerns.

Conduct Appraisal Inspection. An appraisal inspection will be conducted to become familiar with the physical and functional characteristics of the impacted parcels, as well as to distinguish the influence of the immediate physical environment.

Determine Highest and Best Use. Just compensation for the full and partial acquisitions will be as set for thin the California Code of Civil Procedure, Part 3, Title 7, Chapter 9, Sections 1263.320 through 1263.430, as appropriate for eminent domain purposes.

Obtain Appraisals. Obtain appraisals and summary of value statements for each acquisition prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable federal laws, California laws and Uniform Standards of Professional Appraisal Practices (USPAP).

Record information into the database and properly disperse appraisal reports.

Appraisal Reports. The format and level of documentation for an appraisal report depends on the complexity of the appraisal problem. Complex property assignments are to be reported in a selfcontained, narrative format. A summary report, in conformance with USPAP Standards Rule 2-2(b), is permitted in cases, which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in a narrative appraisal report. 174
Just Compensation. Upon completion of the appraisal, the appraiser will complete a Summary of Just Compensation report to establish the highest and best use valuation.

WAIVER VALUATIONS
Based on our initial review of available data, Interwest recommends completing waiver valuations instead of a summary appraisal report for particular parcels if we anticipate that the fair market value will be below $10,000 and, as applicable, up to $25,000. In these cases, a review appraisal will not be needed, saving the City time and money.

REVIEW APPRAISAL
Review appraisers are required to address a number of specific items pertaining to the appraisal report under review including: the completeness of the report; adequacy and relevance of the data; propriety of the adjustments; form an opinion as to the appropriateness of the appraisal methods and techniques used to complete the appraisal; and form an opinion as to whether or not the analyses, opinions and conclusions are appropriate and reasonable or develop reasons for any disagreements.

In addition to USPAP, eminent domain projects with federal and state funding require compliance with various additional regulations and guidelines. All appraisal review assignments will comply with Standard Rule 3 of USPAP. The scope of work for an appraisal review will include the following steps:

Identify the Appraiser. Identify the appraiser(s) that conducted the appraisal.

Research the Property. Become familiar with the subject property, and review legal descriptions and plat maps, title reports, environmental reports, and related documents, as applicable.

Research the Area. Become familiar with the subject neighborhood and the comparable properties used in the various analyses.

Review the Math. Check all mathematical calculations made by the appraiser(s); Review the Narrative. Cross-reference narrative descriptions within the report with photographs, maps, and other exhibits (when included in the work under review).

Review the Approach. Review the weighting assigned to the approaches to value used.

Check for Compliance. Determine if accepted appraisal principles, techniques, and standards were followed in arriving at the property value in accordance with USPAP, California law, Caltrans, FHWA and FTA regulations, as applicable.

Check for Oversight. Ensure that the appraiser did not overlook any feature that would materially affect the property value.

Determine the Report’s Completeness. Develop an opinion as to the completeness of the material under review, given the review appraiser’s scope of work.

Form an Opinion. Given the review appraiser’s scope of work, develop an opinion as to the following: 1) the adequacy and relevance of the data and the propriety of any adjustments to the data; 2) the appropriateness of the appraisal methods and techniques used and reasons for any disagreement; 3) the appropriateness and reasonability of the analyses, opinions, and conclusions and reasons for any disagreement; and 4) whether the appraisal can be used to establish fair market value for the subject parcel.

Make a Recommendation. Determine whether the primary appraiser’s estimate of fair market value should be used as just compensation for the proposed acquisition.

TASK 3: ACQUISITION AND NEGOTIATION
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Review Plans. Review project plans to become familiar with the project and its impacts on various properties.

Verify Conformance. Verify that legal descriptions, plat maps, right of way plans, surveys and appraisals correspond and are accurate.

PTR Review. Interwest’s qualified staff reviews the PTRs to inspect each report for accuracy of the stated ownership, Assessor Parcel Numbers and other pertinent information. Additionally, as applicable, the listed liens, encumbrances and/or mortgages, etc., are analyzed to determine if consents/subordinations are required to clear title.

Offer Package. Prepare and present the written offer letter to the property owner, along with the appraisal summary of value, purchase agreement, deeds, escrow instructions, brochure and agent’s business card upon the initiation of negotiations, after review and approval by the City’s representative. Submit all legal documents for the City’s legal counsel to review when language is added, deleted or revised.

Acquisition and Negotiation. Conduct negotiations for the acquisition of each parcel in accordance with all federal and state policies and procedures, including making the initial purchase offer in person when the owner resides in the project area, if possible. Offers to out-of-area owners will be sent via certified mail with a return receipt.

Administrative Settlement Recommendations. Provide the City with a written recommendation and support documentation for all counter offers and proposed settlement terms for review and approval.

Open and Monitor Escrows. Coordinate with the selected title company and open escrows on all purchases. Interwest monitors escrows, reviews all escrow documents, requests funds, ensures that the City receives title insurance policies in the amount of the purchase cost of the land/improvements, and clears title to all properties acquired. For the parcels with only Temporary Construction Easements, Interwest will close the escrow with our internal escrow coordinator.

City and Owner Liaison. Provide liaison duties between the City and property owners.

Contact Documentation. Thoroughly document contact with property owners and/or their representatives, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact, if possible, and are housed in a permanent acquisition file.

Parcel Files. Establish and maintain an accurate and complete working file for each parcel in a professional and standard format. Additionally, all pertinent project files are maintained in electronic formats and provided to the City at completion of the project.

Meetings. Attend any required or additional meetings, as deemed necessary by the City to communicate progress and discuss project issues.

Close-Out Acquisition File. Complete a final quality assurance/quality control review on the file for closeout, provide final status reports to the City and deliver final files to the City upon completion of the project. Additionally, the City will receive a flash drive with all pertinent project data stored in systematically organized project folders.

TASK 4: TITLE, ESCROW AND CLOSING
Preliminary Title Reports. Through our subconsultant, issue preliminary title reports (PTR) with supporting documents for all parcels. Title reports produced for each parcel will, at a minimum, establish legal owners and all valid liens, encumbrances and easements of record.

PTR Review. Interwest’s qualified staff reviews the PTRs to inspect each report for accuracy of the stated ownership, Assessor Parcel Numbers and other pertinent information. Additionally, as applicable, the 176
listed liens, encumbrances and/or mortgages, etc., are analyzed to determine if consents/subordinations are required to clear title.

TASK 5: CONDEMNATION SUPPORT (IF APPLICABLE)
It is Interwest’s goal to successfully acquire every site under amicable terms, however, this is not always possible. When this situation arises, we offer our clients a detailed account of the actions and timelines and recommend condemnation. If a condemnation action is warranted, Interwest will support the City or its legal representative through the process. During this time, unless otherwise directed by the City, Interwest will continue to negotiate with the owners to reach a reasonable conclusion in order to prevent
actual litigation.

Interwest’s personnel are exceptionally knowledgeable concerning the federal requirements of land acquisition and we are cognizant of the state laws of California. Even if condemnation is necessary, Interwest is experienced in coordinating with Caltrans and the Federal Highway Administration (FHWA) to prepare applicable certifications, as required by Chapter 13, Section 13.10 of the Caltrans Local Assistance Procedures Manual, and ensure that all schedules of Right of Way Certifications are met before a project proceeds to construction.

Our condemnation support services include the following tasks.

Providing the City’s legal counsel with a complete and documented case file.

Obtaining litigation guarantees.

Verifying title information and furnishing information to the City’s legal counsel.

Preparing the appropriate notice for the Resolution of Necessity hearing.

Attending Resolution of Necessity hearings.

Continuing negotiations with owners as authorized by their representatives.

Providing case recommendations under acceptable administrative settlement provisions.

Serving summons and complaints as requested by the City’s legal counsel.

Providing expert testimony.

TASK 6 RIGHT OF WAY CERTIFICATION
Interwest will coordinate with the City and Caltrans to prepare the Right of Way Certification, as required by Chapter 13, Section 13.10 of the Caltrans Local Assistance Procedures Manual. Our process includes the following:

Coordination. Coordinate with Caltrans Local Assistance or Local Programs to ensure that project requirements are underway. This includes ensuring the City has completed all necessary documents to begin the certification process, (e.g., the E-76 application for Construction/Right of Way).

Assembly. Assemble the Right of Way Certification (1, 2, 3 or 3W) binder with all appropriate documentation to be provided by the City, including documentation showing possession of the necessary right of way, utility notices and agreements, relocation plans and costs, and necessary environmental clearance support.

Drafting. Draft the Right of Way Certification form segmenting the different project land rights acquired along with any supporting documentation, as applicable. 177
Delivery. Package and deliver a hard copy of the certification directly to Caltrans District Office and provide an electronic copy to the City.

Revisions. Interwest will coordinate revisions between Caltrans and the City, as necessary, and work with the client to ensure that all schedules of right of way certifications are met before the project proceeds to construction.
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EXHIBIT B

COMPENSATION SCHEDULE
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180
181
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Pioneer Trail Pedestrian Improvement Project $128.30 $138.18 $86.40 Task Description Laura Menendez,
Project Manager
John Almazan,
Quality Control
Agent
Lisa Cass, Sr.

Acq. Agent TOTAL
Task 1: Program Management
Subtotal: 240 $30,792
Task 2: Appraisal
Waiver Valuations - Flat Rate - $1,000 x 9 parcels - Jeremy Miller $9,000 Primary Appraisal - One Report - Johnson Valuations - Flat Rate Fee $5,000 Santolucito Dore Group - One Review Appraisal - Flat Rate Fee $1,400 Subtotal: $15,400
Task 3: Acquisition Services
Subtotal: 530 $45,794
10 $1,283
First American - 10 Preliminary Title Reports @ $750/report $7,500 Subtotal: $8,783
Subtotal: 30 40 $7,305
Subtotal: 40 $5,527
Project Summary 280 40 570 $113,601
Other Direct Costs - Mileage $399.01
$114,000

INTERWEST CONSUTLIHNG GROUP
Task 6: Right of Way Certification

TOTAL COST
Task 4: Title - PRT's and Review
Task 5: Condemnation Support

LABOR REQUIREMENTS (HOURS)
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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:

Kent Jorgensen, Director of Real Estate Services
By:________________________________________
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EXHIBIT D

MANDATORY FISCAL AND FEDERAL PROVISIONS FOR FEDERALLY FUNDED

PROJECTS
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ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on September 20th, 2022, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on April 30th 2024, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $8,245.54. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
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G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed or emailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of South Lake Tahoe
Attn: Randy Carlson
1740 D Street
South Lake Tahoe, CA 96150
[email protected]
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $114,000.00.

J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by LOCAL AGENCY’s Contract Administrator.

K. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 15, Property of LOCAL AGENCY.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section.
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C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT, except as provided in Section 0. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 15, Property of LOCAL AGENCY.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.

LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. 188

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by Caltrans Audits and Investigation (A&I). Caltrans A&I, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During Caltrans A&I’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, Caltrans A&I will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans A&I identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting 189
Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If Caltrans A&I is unable to issue a cognizant letter per paragraph E.1. above, Caltrans A&I may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans A&I will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if Caltrans A&I is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) Caltrans A&I accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) Caltrans A&I has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
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B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
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2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (http://www.dot.ca.gov/hq/construc/LaborCompliance/documents/DistrictRegion_Map_Construction_7-8-15.pdf). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representative’s at all 192
reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty
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1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.

Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per 194
diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list 195
current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT.

CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL

FUNDS FOR LOBBYING
(Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.)
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
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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 AGREEMENT, the CONSULTANT shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. 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 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause. 197
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.

General Services Administration are to be determined by FHWA. 198

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the 199
CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
b. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. 200
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns.

The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, 201
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER

THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
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APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
203
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 204

EXHIBIT E

REQUIRED CALTRANS EXHIBITS
205
206
207
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'LVFORVXUHRI/REE\LQJ$FWLYLWLHV
(;+,%,74 ',6&/2685(2)/2%%<,1*$&7,9,7,(6
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

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South Lake Tahoe City CouncilSeptember 20, 2022

South Lake Tahoe City Council
September 20, 2022