South Lake Tahoe City Council
March 14, 2023

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections
179
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 11
Agenda Item: Parking Ambassador Allocation Increase
Executive Summary: In September 2022, City Council approved the creation of a "Parking Ambassador" position and authorized two full-time Parking Ambassador positions. In order to meet the needs of parking enforcement throughout the City, including during snow removal operations, in neighborhoods during busy weekends, and in the parking management area including the Village Center (Raley's) parking lot, the City Parking Garage, and the paid parking on Bellamy Court, the Police Department is requesting two more Parking Ambassadors (for a total of four (4)). These new positions will be funded 50 percent by parking garage revenue and 50 percent by parking ticket revenue.

Requested Action / Suggested Motions: Pass a Resolution authorizing amendment to FY 2022-2023 List of Allocated Permanent Positions adding two Parking Ambassadors and approving corresponding adjustments to FY 2022-2023 budget.

Responsible Staff Member: David Stevenson, Chief of Police Responsible Staff Member: David Stevenson, Chief of Police Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-REPORT_Parking_Ambassador_Allocation_Increase_031423.docx 02-Resolution_-_Parking_Ambassador_Allocation_Increase.docx 3-Position Allocation 22-23 Feb 2023 (Exh. 1 to reso).pdf 180
Council Agenda Report March 14, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: Parking Ambassador Allocation Increase
Location: Police Department
Responsible Staff Member: Chief David Stevenson, (530) 545-2765 Background:

At the City Council meeting of September 20, 2022, the Parking Ambassador position was created and approved by Council, and two full time parking ambassador positions were allocated.

Issue and Discussion: This winter has revealed the need for increased parking management and enforcement resources throughout the city. We need more parking enforcement during snow removal operations to support Public Works so that cars illegally parked in the right-of-way during snow removal operations can be promptly ticketed and towed, and general parking enforcement throughout the city, especially in neighborhoods impacted by illegal parking on busy travel weekends. The City is responsible for providing parking enforcement in the parking management area that includes the City’s parking garage, the paid parking on Bellamy court, and the Village Center (Raley’s) parking lot. The parking garage needs regular attention to ensure we are providing a reliable, safe, and efficient experience for guests, and Parking Ambassadors will be essential for this.

In order to create a more robust parking education and enforcement program, two more Parking Ambassadors are necessary. The Police Department is requesting to add two more allocated positions to the Parking Ambassadors (for a total of four (4) FTE’s).

The Police Department has hired one Parking Ambassador and is in process of hiring another. There are other qualified applicants and adding these positions will allow us to move forward hiring them.

Financial Implications: The fully burdened annual cost for one step 3 Parking Ambassador is $95,206.00 ($190,412.00 for two). It’s anticipated funding for two more positions for the current FY (22/23) will need one half of that cost, approximately $95,206.00. This additional funding will be added through the mid-year budget adjustment process on March 14th, 2023.

Funding for the two new positions will be 50% from Parking Garage Revenue and 50% from parking citation revenue. Collected parking citation revenue alone from October 2022 through January 2023 was $135,484.00.

It is anticipated future funding for these positions will continue to be supported through parking ticket revenue and parking garage revenue and will be reviewed annually through the City’s budget process.

Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment). 181
Council Agenda Report March 14, 2023 Page 2 of 2
Policy Implications: These proposed personnel allocations support the following strategic priorities:

1.4 Transportation
Action Item 1 – Paid Parking and Enhanced Enforcement
Action Item 3 – Evaluation of City-Wide parking management strategies

4.3 Resident retention and workforce development
Action Item 2 – Develop career pipelines to the City

5.1 Public Safety – Snow Removal Operations
182
Resolution 2023-XXXX March 14, 2023 Page 1 of 2
Resolution 2023- XXX
Adopted by the City of South Lake Tahoe
City Council
March 14, 2023
Authorizing amendment to FY 2022-2023 list of Allocated Permanent Positions adding two Parking Ambassadors and approving corresponding adjustment to FY 2022-2023 budget

BACKGROUND
A. The City of South Lake Tahoe is responsible for parking education and enforcement at the Village Shopping Center, the City owned parking garage on Bellamy, and all City streets including neighborhoods impacted by illegal parking on busy travel weekends and in support of City snow removal operations.

B. The City Council approved and allocated two Parking Ambassador Positions in September of 2022.

C. The Police Department is requesting two more allocated Parking Ambassador Positions to support parking education and enforcement efforts in the city.

D. Budget supporting these two new positions is outlined in the staff report supported by Parking Garage revenue (50%) and parking citation revenue (50%).

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

1. Finds the above recitals are true, correct, and a substantive part of this resolution.

2. Authorizes amendment to the FY 22/23 List of Allocated Permanent Positions for Parking Ambassador increasing from 2 FTE’s to 4 FTE’s (attached hereto as Exhibit 1).

3. Authorizes amendment to the FY 22/23 budget to support these positions from Parking Garage revenue (50%) and Parking Citation Revenue (50%) in amount up to $95,206.00 to be included with the mid-year budget amendment scheduled for City Council meeting on March 14th 2023.

Adopted by the City of South Lake Tahoe City Council on March 14, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
183
Resolution 2023-XXXX March 14, 2023 Page 2 of 2
Cristi Creegan, Mayor
Attest:

Date:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
184
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 21/22 Adopted thru May'22 22/23 Adopted thru Feb'23 22/23 Budget

CITY COUNCIL
Council Member (Elected) Department Total 5.00 5.00 5.00 5.00 0.00

CITY CLERK
City Clerk (Elected) 1.00 1.00 1.00 1.00
Assistant City Clerk 1.00 1.00 1.00 1.00
Department Total 2.00 2.00 2.00 2.00 0.00

CITY TREASURER
City Treasurer (Elected) Department Total 1.00 1.00 1.00 1.00 0.00

CITY MANAGER DEPARTMENT
City Manager 1.00 1.00 1.00 1.00
Assistant City Manager 0.00 0.00 0.75 0.75
Communications Manager 0.00 0.00 0.00 0.00
Assistant to the City Manager I 1.00 1.00 0.25 0.25
Assistant to the City Manager II 1.00 1.00 0.25 0.25
Executive Assistant to the City Manager 0.00 0.00 0.00 0.00 Communications and Project Specialist 1.00 1.00 1.00 1.00 Sustainability Coordinator 1.00 1.00 1.00 1.00

5.00 5.00 4.25 4.25
Human Resources
Human Resources Manager 0.00 0.00 1.00 1.00
Principal &/or H.R. Analyst 1.00 1.00 1.00 1.00
Administrative Clerk 0.00 0.00 0.00 0.00
Total 1.00 1.00 2.00 2.00 0.00
Department Total 6.00 6.00 6.25 6.25 0.00

CITY ATTORNEY
City Attorney 1.00 1.00 1.00 1.00
Assistant City Attorney 1.00 1.00 1.00 1.00
Risk Manager 1.00 1.00 1.00 1.00
Paralegal 1.00 1.00 1.00 1.00
Department Total 4.00 4.00 4.00 4.00 0.00

FINANCE DEPARTMENT
Director of Administrative Services 0.00 0.00 0.00 0.00 Director of Finance 1.00 1.00 1.00 1.00
Total 1.00 1.00 1.00 1.00 0.00
Financial Services
Financial Services Manager 0.00 0.00 0.00 0.00
Financial Services Supervisor 1.00 1.00 1.00 1.00
Accountant I, II 1.00 1.00 1.00 1.00
Accountant I / Payroll Coordinator 1.00 1.00 1.00 1.00
Associate Management Analyst - Grants 0.00 0.00 0.00 0.00 Principal Management Analyst - Purchasing and Grants 1.00 1.00 1.00 1.00 Total 4.00 4.00 4.00 4.00 0.00
Revenue
Accounting Technician I, II 2.00 2.00 2.00 2.00
Supervising Accounting Technician 1.00 1.00 1.00 1.00
Accountant I/II 1.00 1.00 1.00 1.00
Total 4.00 4.00 4.00 4.00 0.00
1 of 4
185
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 21/22 Adopted thru May'22 22/23 Adopted thru Feb'23 22/23 Budget

FINANCE DEPARTMENT (CONTINUED)
Information Systems
Information Systems Supervisor 1.00 1.00 1.00 1.00
Network Systems Administrator 1.00 1.00 1.00 1.00
Information Systems Technician 1.00 1.00 1.00 1.00
Total 3.00 3.00 3.00 3.00 0.00
Department Total 12.00 12.00 12.00 12.00 0.00

DEVELOPMENT SERVICES DEPARTMENT
Director of Development Services 1.00 1.00 1.00 1.00
Associate Management Analyst 0.00 0.00 0.00 0.00
Administrative Clerk I, II 1.00 1.00 1.00 1.00
Total 2.00 2.00 2.00 2.00 0.00
Planning
Planning Manager/Environmental Planner 1.00 1.00 1.00 1.00 Associate Planner, Assistant Planner 2.00 2.00 2.00 2.00 Sr. Planner (2 year limited term) 0.00 0.00 1.00 1.00
Development Services Technician 0.00 0.00 0.00 0.00 1.00 Total 3.00 3.00 4.00 4.00 1.00
Housing
Housing Manager 1.00 1.00 1.00 1.00
Associate Planner, Assistant Planner- Housing 1.00 1.00 1.00 1.00 Associate Management Analyst 0.00 0.00 1.00 1.00

2.00 2.00 3.00 3.00 0.00
Building and Safety
Building Official 1.00 1.00 1.00 1.00
Pr Bldg & Sr Bldg Inspector, Bldg Inspector, Hsng Insp. 4.00 4.00 4.00 4.00 Sr. Building Inspector - VHR (limited term) 0.00 0.00 0.00 0.00 Sr. Permit Center Technician, Permit Center Technician 2.00 2.00 2.00 2.00 Program Coordinator 1.00 1.00 0.00 0.00
Total 8.00 8.00 7.00 7.00 0.00
Department Total 15.00 15.00 16.00 16.00 1.00

PUBLIC WORKS DEPARTMENT
Director of Public Works 1.00 1.00 1.00 1.00
Capital Improvement Projects Manager 1.00 0.50 0.00 0.00 Capital Program and Facilities Program Manager 0.00 0.50 1.00 1.00 Office Manager 1.00 1.00 1.00 1.00
Total 3.00 3.00 3.00 3.00 0.00
Engineering
Construction Engineer 0.00 0.00 0.00 0.00 1.00
Stormwater Program Coordinator 1.00 0.50 0.00 0.00
Complete Streets Program Manager 0.00 0.50 1.00 1.00
GIS Analyst 1.00 1.00 1.00 1.00
Resident Engineer / Resident Inspector 1.00 1.00 1.00 1.00 Engineering Manager 1.00 1.00 1.00 1.00
Associate Civil Engineer, Assistant Engineer 1.00 1.00 1.00 1.00 Engineering Technician 1.00 1.00 1.00 1.00
Total 6.00 6.00 6.00 6.00 1.00
2 of 4
186
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 21/22 Adopted thru May'22 22/23 Adopted thru Feb'23 22/23 Budget

PUBLIC WORKS (CONTINUED)
Maintenance Operations / Snow Removal
Maintenance Manager 2.00 2.00 2.00 2.00
Lead Maintenance Technician 2.00 2.00 2.00 2.00
Maintenance Technician I, II, III, IV, V 14.00 14.83 16.00 16.00 Total 18.00 18.83 20.00 20.00 0.00
Fleet Maintenance
Maintenance Manager - Fleet 1.00 1.00 1.00 1.00
Fleet Supervisor 0.00 0.00 0.00 0.00
Equipment Mechanic I, II, III 5.00 5.00 5.00 5.00
Fleet Control Specialist 1.00 1.00 1.00 1.00
Total 7.00 7.00 7.00 7.00 0.00
Airport
Airport Manager 1.00 1.00 1.00 1.00
Airport Maintenance Supervisor 1.00 1.00 1.00 1.00
Maintenance Technician I, II, III, IV, V 1.00 1.00 1.00 1.00 Total 3.00 3.00 3.00 3.00 0.00
Department Total 37.00 37.83 39.00 39.00 1.00

PARKS AND RECREATION DEPARTMENT
Director of Parks and Recreation 1.00 1.00 1.00 1.00
Total 1.00 1.00 1.00 1.00
Recreation
Recreation Superintendent 0.00 0.00 0.00 0.00
Administrative Clerk I, II 0.00 0.00 0.00 0.00
Administrative Assistant I, II 1.00 1.00 1.00 1.00
Recreation Manager 1.00 1.00 1.00 1.00
Recreation Supervisor 0.00 0.00 0.00 0.00
Events Coordinator 1.00 1.00 1.00 1.00
Head Pool Lifeguard 0.00 0.00 1.00 1.00
Total 3.00 3.00 4.00 4.00
Parks
Maintenance Manager - Parks 1.00 1.00 1.00 1.00
Lead Maintenance Technician 1.00 1.00 1.00 1.00
Maintenance Technicians I, II, III, IV,V 7.00 7.00 7.00 7.00 Total 9.00 9.00 9.00 9.00
Department Total 13.00 13.00 14.00 14.00 0.00

FIRE DEPARTMENT
Fire Chief 1.00 1.00 1.00 1.00
Deputy Fire Chief / Fire Marshall 0.00 0.75 0.00 0.00
Fire Marshall 0.00 0.00 1.00 1.00
Fire Battalion Chief 3.00 3.00 3.00 3.00
Fire Captain 9.00 9.00 9.00 9.00
Fire Engineer 9.00 10.00 10.00 10.00
Firefighter, Paramedic 9.00 8.00 8.00 8.00
Firefighter, Paramedic (SAFER Grant) 7.00 7.00 7.00 7.00 Fire Safety Inspector I, II 1.00 1.00 1.00 1.00
Administrative Assistant II 0.00 0.00 0.00 0.00
Executive Assistant to the Fire Chief 1.00 1.00 1.00 1.00 Department Total 40.00 40.75 41.00 41.00 0.00
3 of 4
187
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 21/22 Adopted thru May'22 22/23 Adopted thru Feb'23 22/23 Budget

POLICE DEPARTMENT
Chief of Police 1.00 1.00 1.00 1.00
Police Lieutenant 2.00 2.00 3.00 3.00
Police Sergeant 6.00 6.00 6.00 6.00
Police Officer 30.00 30.00 30.00 30.00 1.00
Police Officer (cannabis) 1.00 1.00 1.00 1.00
Police Officer (Tobacco grant) 1.00 1.00 1.00 1.00
Public Safety Dispatch Supervisor 1.00 1.00 1.00 1.00
Police Records Supervisor 1.00 1.00 1.00 1.00
Community Service Officer Supervisor 0.00 0.00 0.00 1.00 Public Safety Dispatcher 9.00 9.00 9.00 9.00
Senior Police Records Tech, Police Record Tech 2.00 2.00 2.00 2.00 Administrative Assistant I 1.00 1.00 1.00 1.00
Senior Evidence/Prop Tech, Evidence/Prop Tech 2.00 2.00 2.00 2.00 Lead Community Services Officer 1.00 1.00 1.00 0.00
Sr Community Svcs Officer, Community Svcs Officer 5.00 5.00 5.00 4.00 Parking Ambassador 0.00 0.00 0.00 3.00*
Code Compliance Investigator 1.00 1.00 1.00 1.00
Administrative Assistant II 1.00 1.00 1.00 1.00
Department Total 65.00 65.00 66.00 65.00 1.00
Total City Employees 200.00 201.58 206.25 205.25 3.00
*Reflects a change from 2 FTEs to 4 FTE with a partial year for 2 additional FTEs. 4 of 4
188
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 12
Agenda Item: Acceptance of $35,000 Grant from California Department of Fish and Wildlife's Office of Spill Prevention and Response
Executive Summary: The California Department of Fish and Wildlife’s Office of Spill Prevention and Response (OSPR) has awarded South Lake Tahoe Fire Rescue a grant of up to $35,000 for the purchase of oil spill response equipment and to secure the necessary training. The equipment will provide South Lake Tahoe Fire Rescue and the surrounding region with the ability to respond to the immediate needs of an oil spill. The Fire Department is seeking approval from City Council by way of a resolution allowing the department to receive grant funds from the Department of Fish and Wildlife.

Requested Action / Suggested Motions: Pass a Resolution allowing the Fire Department to receive grant funds from California Department of Fish and Wildlife for up to $35,000 for the purchase of oil spill response equipment and to secure required training.

Responsible Staff Member: Jim Drennan, Fire Chief
Responsible Staff Member: Jim Drennan, Fire Chief (530) 542-6152 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhopmirova, Director of Finance
Heather Stroud, City Attorney
Attachments:

Item 12 - Executive Summary.pdf
01-California Fish and Wildlife Grant.docx
02-Resolution_-_California_Dept_of_Fish_and_Wildlife_Grant (1).docx 03-Grant Award Letter
189
Council Agenda Report- March 14, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: California Department of Fish and Wildlife's Office of Spill Prevention and Response Grant
Location: Citywide
Responsible Staff Member: Jim Drennan, Fire Chief (530) 542-6152 Background: The California Department of Fish and Wildlife’s Office of Spill Prevention and Response (OSPR) has awarded South Lake Tahoe Fire Rescue a grant of up to $35,000 for the purchase of oil spill response equipment and to secure the necessary training. The equipment will provide South Lake Tahoe Fire Rescue and the surrounding region with the ability to respond to the immediate needs of an oil spill.

Issue and Discussion: South Lake Tahoe Fire Rescue shall own the equipment and may use it without obligation or limitation. The equipment will include, but not be limited to, a mobile trailer, containment boom, absorbent materials, personal protective equipment, and a boom-deployment training course.

This valuable equipment and training will offer a higher level of haz-mat response service to our community by our Fire Department.

Financial Implications: There will be no cost to the City associated with this grant funding and purchase of equipment. Grant funds will be accepted and appropriated via the attached resolution into the current fiscal year budget account 100-02210 revenue #33229 Other State Grants and expenditures #46110 Machinery & Equipment.

Environmental Considerations: The acceptance of these grant funds is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(5) (organizational or administrative activities that will not result in direct or indirect physical changes to the environment).

Policy Implications: There are no policy implications associated with this equipment, but the equipment is in line with the City’s Strategic Priority 5 – Continuous Improvement. This equipment will assist the Fire Department in delivering improved services. 190
191
Resolution 2023-XXX March 14, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
March 14, 2023
Accepting grant funds from the California Department of Fish and Wildlife for the purchase of oil spill response equipment and to secure required training in the amount of up to $35,000

BACKGROUND
A. The California Department of Fish and Wildlife’s Office of Spill Prevention and Response (OSPR) has awarded South Lake Tahoe Fire Rescue a grant of up to $35,000 for the purchase of oil spill response equipment and to secure the necessary training.

B. The equipment will provide South Lake Tahoe Fire Rescue and the surrounding region with the ability to respond to the immediate needs of an oil spill.

C. There will be no cost to the City associated with this grant funding and purchase of equipment.

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

1. Accepts the grant funds and allows the Fire Department to purchase the equipment and procure the necessary training to operate the equipment.

2. Appropriates grant funds in the amount of $35,000 into the current fiscal year budget to account 100 02210 as follows:
a. Revenue: #33229 $35,000
b. Expenditures: #46110 $35,000

3. Authorizes the Fire Chief to execute/sign the agreement on behalf of the City of South Lake Tahoe.

Adopted by the City of South Lake Tahoe City Council on February 28, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
_________________________
Susan Blankenship, City Clerk
192
Resolution 2023-XXX March 14, 2023 Page 2 of 2
The presence of electronic signatures certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
193
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 13
Agenda Item: Amendment 1 to Agreement with Wildscape Engineering, Inc. for Additional Services for the Bijou Creek Watershed Restoration Project
Executive Summary: Staff is recommending an amendment to the agreement with Wildscape Engineering, Inc. to provide additional services related to the Bijou Creek Watershed Restoration Project. Wildscape Engineering has been preparing the environmental documents, construction documents, and appraisal services for work related to the Bijou Creek Watershed Project. During the course of the project, the City has requested additional surveying, project management, environmental assessment, and other services to complete the project scope. These additional services are required to complete the project design and begin the construction of the project, currently scheduled for Spring 2024.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment 1 to Professional Service Agreement with Wildscape Engineering, Inc. for additional services related to Bijou Creek Watershed Restoration Project in an amount not to exceed $22,414, for a total not-to-exceed contract amount of $483,320.69.

CEQA Determination: A CEQA Initial Study/Mitigated Negative Declaration (SCH #2020090564) was approved by the Planning Commission on November 19, 2020. This action is within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines section 15162. NEPA review is also required and analysis is underway to determine the NEPA decision required for the project.

Responsible Staff Member: Anush Nejad, Director of Public Works and Jason Burke, Complete Streets Program Manager
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Jason Burke, Complete Streets Program Manager (530) 542-6038 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Amendment 1 to Agreement with Wildscape Engineering.docx 02-Project Location Map.pdf
03-Amendment 1 to C-106-2021 Wildscape Engineering.pdf
04-C-106-2021 Wildscape Engineering.pdf
194
City Council March 14, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: Amendment 1 to Agreement with Wildscape Engineering, Inc. for Additional Services for the Bijou Creek Watershed Restoration Project Location: Bijou Park Creek Watershed
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031, and Jason Burke, Complete Streets Program Manager (530) 542-6038 Background: On March 14, 2017, the City Council established the three-phased Bijou Park Creek Watershed Restoration Project in Resolution No. 2017-16 (See Attachment 1, Project Area Map). On July 11, 2017, the City Council accepted $493,089 in State Water Resources Control Board (SWRCB) Proposition 1 Storm Water Grant funding for conceptual planning and CEQA review for the stormwater improvement and watershed restoration project, which was utilized to complete these. deliverables before the Prop. 1 grant agreement deadline of December 31, 2020.

On June 15, 2021, the City Council approved Resolution 2021-046, which authorized staff to apply for Lake Tahoe Restoration Reauthorization Act funding from the U.S.

Forest Service, accepted the grant funds, and appropriated the $750,000 in grant revenue. On June 7, 2022, the City Council approved a grant amended for the project to increase the funding from the US Forest Services by an additional $1,000,000 with 12% ($120,000) of City Matching funds.

On September 7, 2021, the City Council approved a contract with Wildscape Engineering, Inc. for professional services to complete the environmental document, plans, specifications, and estimates and property acquisition services for this project for a not to exceed the amount of $460,906.69, plus $7,500 in contingency budget (See Attachment 3 for Original Agreement).

Issue and Discussion: Wildscape Engineering has been working on all the project's tasks in their scope of services. During the course of the project, City staff requested additional services that were outside the original scope of work. These include additional surveying needs, changes to the design plans that were not originally anticipated, the addition of Phase I Environmental Site Assessment for properties where easements are required, and minor project management services. City staff has reviewed the additional services request and concurs with the extra work. The total cost for the additional services is $22,414 for a total not-to-exceed contract amount of 195
City Council March 14, 2023 Page 2 of 2
$483,320.69. (See Attachment 2 for Amendment to the Agreement).

Financial Implications: The City has received total grant funds in the amount of $1,750,000 from the US Forest Service. Additionally, the City has allocated $120,000 in Undesignated General Funds as a matching component. Therefore, the current total budget for the project is $1,870,000, with the remaining budget carried forward into Fiscal Year 2022-2023 of $1,699,837, which has been allocated with $297,337 for design and $1,402,500 for construction.

Additional funding is not required for the project, and staff is proposing to transfer $15,821 from the Construction phase to the Design phase. The new distribution of the funds will be:
 Engineering Design - Account 301-40051-48020: $313,158  Right of Way and Construction - Account 301-40051-48030: $1,386,679 Environmental Considerations: The project will require both California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review. Funding provided by State Water Resources Control Board Proposition 1 was used to complete a comprehensive environmental review document used to support the adoption of a CEQA Initial Study/Mitigated Negative Declaration (SCH #2020090564) approved by the Planning Commission on November 19, 2020. In addition, previously provided U.S. Forest Service LTRA funding will fund the concurrent completion of additional federal resources studies (botanical, aquatic species, special status species, and cultural resources) and determine the appropriate NEPA decision required for the project and subsequent Special Use Permits required for improvements on federal lands.

Policy Implications: Completing the engineering designs and permitting will develop a project included in the Pollutant Load Reduction Plan to reduce fine sediment particles and nutrients in urban runoff, as required by the Lake Tahoe TMDL. The project will also seek to mitigate drainage and flooding issues along Blackwood Avenue and around the Bijou Elementary school, as identified in the recently updated Drainage Master Plan. In accordance with Strategic Priority 5.5 (Fiscal Sustainability), staff recommends that the City Council approve this agreement, which is primarily grant funded and will help achieve Strategic Priority 5.3 (Infrastructure and Maintenance) to develop sustainable capital improvement infrastructure projects. 196

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Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community
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OWNERSHIP

CALIFORNIATAHOE CONSERVANCY/STATE OF CA

CALTRANS

CITY OF SOUTH LAKE TAHOE

COUNTY OF EL DORADO

LAKE TAHOE COMMUNITY COLLEGE

LAKE TAHOE UNIFIED SCHOOL DIST

LAKE VALLEY FIRE PROT DIST

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UNITED STATES OF AMERICA
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Department Of Bijou Park Creek
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Eric
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City of South Lake Tahoe 3/15/2019
197
City of South Lake Tahoe
Amendment No. 1 to Bijou Park Creek Watershed Restoration Project, Phase 2 Engineering Services Professional Services Agreement with Wildscape Engineering, Inc. (C-106-2021)
The Professional Services Agreement entered into on September 7, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Wildscape Engineering, Inc. (“Consultant”) is hereby amended as set forth below.

The Contract is hereby revised to add the following.

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated September 7, 2021, to the Professional Services Agreement adds the work described within Exhibit A, Scope of Services, Budget Augment and Line Item Reassignment attached hereto and incorporated herein by reference.

2. Compensation. Compensation to be paid to the CONSULTANT, is $22,414, as described in Exhibit A, Scope of Services. In no case shall CONSULTANT compensation for work completed under this Amendment exceed the amended amount of $483,320.69, without written authorization from the CITY. Payment by the CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to Professional Services Agreement with Wildscape Engineering to be executed on March 14, 2023.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By:____________________________ Cristi Creegan, Mayor Carol Beahan, President
APPROVED AS TO FORM: ATTEST:
______________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk Exhibit A: Scope of Services

198
EXHIBIT A:

SCOPE OF SERVICES
199
Wildscape Engineering, Inc.
(855)816-6593 / (530) 600-1810
www.wildscape-engineering.com
1 November 7, 2022
Mr. Jason Burke
Stormwater Program Coordinator
Public Works Department, City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
Subject: Budget Augment and Line Item Reassignment Request for Bijou Park Creek Phase 2 Restoration Project
To: Jason Burke,
The following details our budget augment request and line item re-assignment for the Bijou Park Creek Phase 2 Restoration Project. Attachment 1 provides the updated cost spreadsheet reflecting our proposed changes.

Existing Task Budget Increases
Subtask 1.1 Project Management, Outreach, Public Meetings, and Coordination: As a result of an extended project timeline and additional management required for USDA Forest Service coordination on the Bijou Park Creek SEZ restoration project and land/easement acquisitions, this includes an additional 24 hours of Project Management to manage the project into Spring 2023.

Augment Cost: $3,600
Subtask 2.1 Supplemental Survey: Partway through the project the contracted surveyor, Insite Land Surveys requested to be removed from the project in order to focus solely on smaller efforts. In response, Wildscape hired another consultant and the design team developed marked up survey maps. The Wildscape Project Manager and CAD technician coordinated and met on site with the new surveyor to provide an orientation to the project and review survey needs. Due to the extensive number of individual sites and need to recheck prior survey control and add additional survey control the direct cost of surveying also increased per below. This includes additional hours for the Project Manager, CAD Technician and NTCD staff engineer to provide surveyor with additional information. Augment Cost:
$3,438
Direct Survey Costs: New surveyor, Terra Graphic hired to substitute for Insite Land Surveyors.

Increased effort due to the number of project sites requiring survey and finding prior survey control and adding in additional survey control. Augment Cost: $5,000 Subtask 7.1 60% Plans and Technical Specifications The Design team will incorporate City of South Lake Tahoe markups received in late July including adding more detail to the plan and profile sheets once the additional surveying described above is completed and updating details to target installations that require less maintenance. All edits/additions to the project sheets will be re-assembled into the three separate 60% plan sets, 1) Bijou Park Creek Watershed Improvement Project, (2) Bijou Park Creek SEZ Restoration Project, and 3) Keller Clean Water Bypass Project. The team will also update the technical specifications to follow the City’s template and protocol once sample or template 200
Wildscape Engineering, Inc.
(855)816-6593 / (530) 600-1810
www.wildscape-engineering.com
2 specifications are provided more closely by the City. These additional hours will allow for the team to conduct a second and more targeted 60% PS&E round. Cost: $8,088 New Task Budget
Phase I Environmental Site Assessment for 3707 Blackwood Road: In support of the appraisal and easement acquisition negotiations, a Phase 1 ESA was requested and performed by A&M Environmental Services in summer 2022. Cost: $2,300
Line Item Re-Assignment
Task 5.1 License Agreements and Special Use Permits Line Item Re-Assignment At the time a Special Use Agreement draft was needed, NTCD staff were unavailable so the Wildscape Project Manager stepped in to develop the draft and final submittal. Hours were re-assigned as follows:

Moved all of NTCD staff hours over to Wildscape Project Manager column for a net change of -$12.00.

Cost: -$12.00
Total Change Order Request: $22,414.00 for a Total Budget Change Order from $460,906.69 to $483,320.69.
.
201
Wildscape Engineering, Inc.
(855)816-6593 / (530) 600-1810
www.wildscape-engineering.com
3 TERMS AND CONDITIONS
The conditions contained in the existing Contract Agreement signed and dated September 10, 2021 will apply to this Change Order.

APPROVAL TO PROCEED
The work can be initiated with a letter of authorization, through acknowledgment of this Scope of Work by signing a copy of this Scope below, or by Purchase Order issued to Wildscape Engineering, Inc.

Scope of Work and Estimated Budget accepted by:
___________________________ ______________
Signature Date
_Jason Burke, City Project Manager_______________
Printed Name and Title
_Public Works, City of South Lake Tahoe ______ (530) 542-6038 Firm Name Phone Number
1740 D Street ___________________
Street Address
_South Lake Tahoe_____________ _CA ____ ___96150___
City State Zip Code
For Wildscape Engineering, Inc.
___________________________ ______________
Signature Date
Carol Beahan, President____________
Printed Name and Title
202
ATTACHMENT 1. COST BREAKOUT CHANGES
4 Firm
Lynn Barnett
&Associates
Personnel Classification
Project Manager
Lead Engineer
Carol Beahan,
PE/QSD
Civil
Engineer
Restoration
Ecologist
Julie Etra
WBS
Senior H&H
Engineer Dr.

David
Thompson,
PhD, PE
Geotechnical
Engineer
Mark
Schroeder, PE
CAD/GIS/Field
Technician
Landscape
Designer
Admin/Report
Specialist
Jamie Allec
Senior Project
Engineer
Megan Kelly,
P.E.

Senior Staff
Engineer
Staff
Engineer
Environmental
Scientist
Domi Fellers

CEQA/NEPA
Task Lead Dr.

Dan Tormey,
Ph.D., P.G.

Permitting/
Compliance
Ben Pogue,

MPA,PMP,AIC
P
Senior
Scientist 1
Staff
Scientist 2
Senior Real
Estate Agent
John Almazan
Interwest Sr
Agent
Interwest
Tech Support
Lynn Barnett,
Appraiser
Total
Subtask
Hours
Labor Cost by
Task
Hourly Rate $150.00 $115.00 $140.00 $150.00 $170.00 $95.00 $105.00 $75.00 $128.00 $78.00 $74.00 $87.00 $250.00 $195.00 $180.00 $130.00 $175.00 $145.00 $145.00 $125.00 Task Description

1. Project Management, Outreach, Public Meetings, and
Coordination 457 $72,380.50

1.1 TAC, Public and Client Meeting Continued Coordination and Participation, Project Management. Includes 60% and 90% Design Review meetings with the City and TAC. 84 32 8 8 36 16 36 16 30 30 5 337 $52,939.04

1.2 Phase 2 Kick Off Meeting 6 6 2 6 6 6 8 48 $6,879.12

1.3 Planning Commission and City Council Meetings 16 4 6 8 16 16 72 $12,562.34

2. Site Surveying 156 $16,181.12

2.1 Supplemental Survey for Stormdrain Design, Real property and easement acquisitions, and Bijou Park Creek Hydraulic Model Refinement (includes Direct Costs for Insite Land Survey below) 16 24 2 30 2 4 26 112 $12,261.12

2.2 Utility Coordination and Identification - Work cooperatively with utilities to perform potholing of utiliites that cannot be avoided. Includes potholing direct costs listed below. 4 6 1 15 18 44 $3,920.00

3. Hydrologic and Hyraulic Analysis 197 $26,175.26

3.1 Hydrology and Hydraulics Study for Revised Keller Clean Water Bypass and Wildwood Basin 6 6 2 4 6 8 50 $6,726.73

3.2 Updates to PLRM 2 2 16 20 $1,948.00

3.3 Bijou Park Creek 2D Hydraulic Model - Set up and run 2D hydraulic model and use results to fine tune desgns. 12 16 48 16 1 99 $13,582.34

3.4 Osgood to Wildwood to Lake Hydraulic Capacity Analysis (New Task) 2 8 8 28 $3,918.19

4. Environmental Documents 466 $76,636.00

4.1 Updates to Proposed Project and Alternatives Descriptions (draft and final) for NEPA and CEQA 6 2 4 2 2 12 12 12 52 $8,326.00

4.2 CEQA Compliance/Addendum 4 32 40 16 92 $16,520.00

4.3 Tribal Notification Letter and Section 106 Letters 2 8 16 26 $4,180.00

4.4 Baseline Cultural Assessment and Report 2 2 12 80 96 $17,540.00

4.5 JD/Wetlands Survey, Botanical Inventory and Invasive Plant Study, Report and Monitoring Plan 2 140 2 4 16 12 176 $25,620.00

4.6 NEPA CatEx Support 2 2 4 8 8 24 $4,450.00

5. License Agreements, Special Use Permits and Real Propertry Acquisitions 507 $73,989.00

5.1 License Agreements and Special Use Permits 40 0 0 0 40 $6,000.00

5.2 TRPA Land Capability Verification 8 8 8 16 $4,032.00

5.3 Appraisals 4 20 12 90 126 $15,298.00

5.4 Acquistion: Includes 1 Full Acquisition and 2 Partial Acquisitions 2 2 140 144 $20,856.00

5.5 Title, Escrow, and Closing (incl support) 2 12 8 135 40 197 $27,803.00

6. Permitting 188 $27,284.00

6.1 TRPA Permit 4 2 2 8 16 $1,604.00

6.2 404/401/1600 permitting, including aquatic resources delineation (1 day site visit and report) 16 16 16 16 24 40 128 $20,880.00

6.3 Stormwater Pollution Prevention Plan (SWPPP) 4 24 12 4 44 $4,800.00

7.. 60% Design Level PS&E Documents and Draft Design
Report 659 $75,944.43

7.1 60% Plans and Technical Specifications 64 36 8 8 64 16 16 64 307 $36,461.17

7.2 60% Landscaping and Revegetation PS&E 4 36 10 16 2 4 72 $8,822.00

7.3 Draft Project Design Report 24 32 4 28 12 24 48 182 $19,520.14

7.4 NEPA/CEQA Mitigation Design Requirements 4 6 4 14 $1,682.00

7.5 Plan Proof Field Visit 8 8 4 4 8 40 $4,995.12

7.6 60% Engineer's Estimate 4 16 4 8 12 44 $4,464.00

8. 90% PS&E 294 $32,504.38

8.1 90% Plans and Technical Specifications 34 40 8 36 4 2 8 24 48 214 $23,314.38

8.2 90% Design Report 16 16 2 4 4 4 8 54 $6,296.00

8.3 90% Engineer's Estimate 4 12 3 3 4 26 $2,894.00

9. 100% Bid Documents 226 $24,546.00

9.1 100% Admin Plans and Specifications 24 36 24 2 16 16 24 142 $15,242.00

9.2 100% Engineer's Estimate 4 8 2 4 4 22 $2,384.00

9.3 100% Final PS&E 16 16 16 2 4 8 62 $6,920.00

10. Bid Assistance $6,772.00

10.1 Provide responses to bidder's questions 16 8 4 4 4 8 4 4 52 $6,772.00

11. Construction Engineering (CE) $15,258.00

11.1 Respond to RFIs and COs. 16 8 4 2 2 6 4 42 $5,050.00

11.2 Submittal Review and Response 24 24 4 16 2 8 12 90 $10,208.00 LABOR TOTALS 504 400 196 68 18 282 20 30 191 164 354 16 62 156 212 80 30 305 40 95 6027 TOTAL TASKS $447,670.69
Supplemental Survey of Bijou Park Creek (RTK/Total Station Rental Costs) $1,200.00
Phase 1 Environmental Site Assesment - A&M
Environmental Services $2,300.00
Insite Land Surveys - TerraGraphic Survyor: Supplemental Surveying for All Project Sites, Property Boundary and
Easement Surveying for up to three parcels $15,000.00
NHC PCSWMM Model Updates $1,000.00
Potholing Contractor ($4,000/day for up to 3 days) $12,000.00 Cultural Records Search/Map Production $750.00
Mileage/Travel Tasks 8-15 $3,000.00
Report & Plan Production Costs $400.00
DIRECT COST TOTALS $35,650.00
TOTAL COSTS $483,320.69
WILDSCAPE ENGINEERING INC NTCD Catalyst Environmental Solutions Interwest 203

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 7th day of September 2021 by and between the City of South Lake Tahoe, a municipal corporation (“ City”) and Wildscape Engineering, Inc.(“ Consultant”).

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

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

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

AGREEMENT

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

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

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Bijou Park Creek Watershed Restoration Project Phase 2 Engineering Services Scope,” 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.

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

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 460,906.69 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.

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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.

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

8. Consultant’ s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period required by law, from records shall be available at Consultant’ s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’ s business, City may, by written request by C-106-2021
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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 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,
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b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [ FPPC Reg. 18700( a)(2)].

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

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

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

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect ( including any and all C-106-2021
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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 at least thirty ( 30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any C-106-2021
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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.
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:

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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.

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 C-106-2021
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commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

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

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’ s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant:

Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 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 C-106-2021
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the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure § 1094. 5, and as provided by law.

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

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

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’ s 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).

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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.

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.

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Joe Irvin
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Date ________________________________
Date ________________________________
APPROVED AS TO FORM:

By____________________________
City Attorney
ATTEST:

By______________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Heather Stroud
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The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

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EXHIBIT A

SCOPE OF SERVICES
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Prepared for
Public Works Department
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA
96150
Submitted by
Wildscape Engineering Inc.

South Lake Tahoe, CA
August 20, 2021
Bijou Park Creek Watershed Restoration Project
Phase 2 Engineering Services Scope
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
August 20, 2021
Jason Burke
Project Manager
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
Re: Phase 2 Scope for Final Engineering Design, Planning and Permitting Services for the Bijou Park Creek Watershed Restoration Project
Dear Mr. Burke,
Respectfully submitted is our updated Final Engineering Design and Planning Services Scope for the second phase of the Bijou Park Creek Watershed Restoration Project. Wildscape Engineering, Inc. is pleased and excited to continue to provide professional engineering and related services to develop and advance the stormwater collection, conveyance, and treatment improvements for the Bijou Park Creek Watershed to final construction documents and permits.

Please contact me if you have questions or need additional information. Our entire team looks forward to continuing on this important project.

Sincerely,
Carol Beahan, PE, QSD, President
[email protected]
530) 600-1810 / ( 415) 517-1375 cell
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Civil and Restoration Design Services
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i

CONTENTS
I. Introduction ........................................................................................................................................... 1 II. Scope of Work Understanding .............................................................................................................. 1 Overview ................................................................................................................................................... 1 Project Work Tasks and Approach ............................................................................................................ 1 TASK 1. Project Management, Outreach, Public Meetings, and Coordination ................................. 2 TASK 2. Site Surveying .................................................................................................................... 2 TASK 3. Hydrologic and Hydraulic Analysis ..................................................................................... 3 TASK 4. Environmental documents ................................................................................................. 4 TASK 5. License Agreements and special use permits .................................................................... 6 TASK 6. Permitting .......................................................................................................................... 9 TASK 7. 60% Design level ps&e documents ................................................................................. 10 TASK 8. 90% PS&E ....................................................................................................................... 12 TASK 9. 100% Bid documents ....................................................................................................... 12 TASK 10. Bid Assistance ................................................................................................................. 13 TASK 11. Construction engineering (CE) ......................................................................................... 13 C-106-2021
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1 I. INTRODUCTION
We are pleased to provide this update to the Phase 2 scope and costs for the continuation of the Bijou Park Creek Restoration Project ( Project) for the City of South Lake Tahoe. Wildscape Engineering Inc.

Wildscape Engineering) will proceed with the same team of design and environmental experts that were originally contracted for both Phase 1 and Phase 2. Together with our sub-consultants, Northwest Hydraulic Consultants ( NHC), Nevada Tahoe Conservation District (NTCD), Catalyst Environmental Solutions Corporation (Catalyst), Insite Land Surveys, Western Botanical Services, Interwest Consulting Group, and Lynn Barnett & Associates we have decades of experience and several implemented projects in the Tahoe Region, including direct experience in the Bijou Park Creek watershed from the Heavenly Ski Resort headwaters to the lower urbanized drainages. We are cognizant of the need to design facilities that will be reliable over the long term and easy to access and maintain. We also recognize the threat of unintended consequences, such as raising water tables in locations where drainage problems do not currently exist.

II. SCOPE OF WORK UNDERSTANDING

OVERVIEW
The 850-acre Bijou Park Creek watershed represents a highly altered watershed due to the diversion of the headwaters of Keller Canyon at Heavenly Valley Ski Resort into it. The artificial expansion of the watershed has greatly increased peak flows, which directly leads to flooding problems in the lower watershed, particularly in the vicinity of Bill and Shirley Avenues. Early development of the low-lying properties in or adjacent to SEZs such as along Blackwood Avenue and in the vicinity of Woodbine have only exacerbated the problems. Phase 1 aimed for water quality improvements and flood alleviation via various means and locations listed here and carried through 30% designs and CEQA document. The Project Team will continue to refine the designs through 60, 90 and 100 percent detail, complete the appropriate NEPA environmental document and special studies, and be open and flexible to change as new information and priorities emerge. 30% Project List
Needle Peak Localized Treatment
Shirley to Whole Foods
Osgood Expansion
Ski Run Blvd Diversion
Pioneer Crossing Culvert
Bijou Park Creek SEZ Enhancement
Upper Bijou Park Creek
Keller Canyon Bypass
Bijou School Frontage Drainage
Improvements
Rockwood to Blackwood Drainage
Improvements
Aloha Basin

PROJECT WORK TASKS AND APPROACH
The following Project Work Tasks are a composite of those listed in the RFP #02-01-2019 altered to reflect the later phases of design and with modifications to better inform and guide stakeholders, develop a legallydefensible NEPA document, acquire the necessary land use permissions, and develop fully executable and sound plans, specifications, and cost estimates for 65, 90, and 100% designs.

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2 TASK 1. PROJECT MANAGEMENT, OUTREACH, PUBLIC MEETINGS, AND COORDINATION

1.1 TAC, Public, and Client Meeting Continued Coordination and Participation, Project Management
The Project Manager will coordinate directly with the City of South Lake Tahoe (City) Project Manager and the design team members to schedule, prepare for, and facilitate all design team meetings, property owners’ meetings, public meetings, and Technical Advisory Committee ( TAC) meetings. We will prepare all draft meeting agendas, presentations, public outreach materials (meeting letters & notices), sign-in sheets, plan sheets, materials samples, etc. for the City’s review prior to finalizing and displaying/sharing in the various meeting forums.

This task includes time to coordinate with concurrent project efforts in the vicinity of Bijou Park Creek including the California Tahoe Conservancy’ s Greenway Project, Southwest Gas and South Tahoe Public Utility District utility line upgrades and the Pioneer Trail Pedestrian Improvement Project.

This task includes time to prepare for and participate in 60% and 90% Design Review Meetings with City staff and TAC members. Under this task, we will produce high quality exhibits to help portray the design development information, amenity features, and planning stages to the attendees at the various meetings stated above.

1.2 Phase 2 Kick Off Meeting
We propose as part of Task 1 to conduct a Phase 2 Kick Off meeting in the field with the City and Design Team to review existing conditions, 30% designs, and proposed design changes. This meeting will specifically discuss evaluating the capacity and inner workings of the Wildwood Basin and Overflow to accommodate potential changes to the location of Keller Bypass.

1.3 Planning Commission and City Council Meetings
There is a critical need to keep both the Planning Commission and City Council appraised of milestones, accomplishments, and deliverables. The regularly scheduled meetings of these bodies provide an opportunity to solicit feedback from both the council and commission members as well as the general public in short workshop-type agenda items. Our Project Manager will lay out and reach agreement with the City Project Manager the key design deliverables that should be presented in this way to these committees to streamline the Major Design Review process and Catalyst and key team members will present to the City Planning Commission and City Council the NEPA documents for discussion and adoption.

TASK 2. SITE SURVEYING
Some supplemental surveying of existing stormdrain infrastructure is required to refine the 30% designs moving into 60% detail and evaluate proposed changes. For example, inlet elevations of the recently installed culvert crossings at Pioneer Trail and Charlesworth Court will be surveyed in order to accurately show current conditions on the plans. Additional survey data will be collected on Spruce Avenue infrastructure to inform the Bijou School Frontage Drainage Improvement designs and on Sonora Avenue down to Osgood Basin in order to inform designs for the potential revised Keller Clean Water Bypass alignment down Sonora rather than Ski Run.

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3 In order to fine tune the Bijou Park Creek hydraulic model completed during Phase 1 that was based on available LiDAR topographic data and therefore didn’t fully capture the current channel and floodplain details, we propose conducting a Total Station topographic survey of the Bijou Park creek channel and floodplain within the project limits. Wildscape and NTCD engineers will conduct the survey and consult with NHC and the landowner and key stakeholder, USDA Forest Service Lake Tahoe Basin Management Unit (LTBMU) to ensure all key channel and floodplain data is collected in sufficient detail.

2.1 Supplemental Survey for Stormdrain Design and Bijou Park Creek Hydraulic Model Refinement
Supplemental surveying will be conducted to capture additional existing pipe inverts including a full utility survey/dip for Keller Bypass, additional survey data for Bijou School, the recently installed pipeworks at Pioneer Crossing and areas along Blackwood to support detailed design development.

To develop a more comprehensive and accurate hydraulic model to inform restoration designs for Bijou Park Creek a Total Station survey will be conducted to collect the channel longitudinal profile, representative crosssections, and cross-valley berms to sufficiently define the HEC-RAS 2-D surface, adjacent pavement elevations, and key drainage inputs. This effort will facilitate a more accurate hydraulic assessment of the channel capacity, determine any potential flood risk to adjacent property or infrastructure and help refine stream restoration designs of the Bijou Park Creek Restoration project, the Rockwood to Blackwood outfall, and improvements where the creek crosses Tamarack Ave and Warner Salas Dr.

Property boundary surveys will be conducted for up to five parcels by licensed Land Surveyor, Chip Brejc of Insite Land Surveys to support lot line adjustments, easements and/or real property acquisitions necessary to construct the project.

2.2 Utility Coordination and Identification
This task will build off the utility information collected and incorporated in the 30% plans and where conflicts may be unavoidable, we will work cooperatively with the various utilities to perform potholing using high accuracy GPS or land surveying instruments for recording and documenting in order to precisely determine elevations and any necessary avoidance measures.

Task 2 Deliverables:

All survey control and survey data points as CAD files.

Electronic and hardcopies of updated Topographic Base Map TASK 3. HYDROLOGIC AND HYDRAULIC ANALYSIS
Hydrologic and hydraulic analysis will continue building off of the efforts completed during Phase 1 in order to investigate new alternatives introduced during the later stages of 30% design and support design development as it moves through 60% and 90% detail levels.

3.1 Hydrology and Hydraulics Study for Revised Keller Bypass and Wildwood Basin Recent comments received from the City upon review of the 30% designs included a request to explore the feasibility of an alternative route for the Keller Clean Water Bypass project. Up to three alternatives will be explored that utilize streets other than Ski Run for the bypass. Determining the feasibility of alternative routes and a possible alternative outlet (the Wildwood Basin outlet instead of the Osgood Basin outlet) will require C-106-2021
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4 further hydraulic analysis, an additional site visit, and continued consultation with the City. There is already a substantial amount of information related to the hydraulics in this area so further exploration should be minimal.

3.2 Updates to PLRM
Since sediment removal is a key objective of this project, the PLRM will be updated as the project progresses to evaluate the impacts of the proposed design on water quality. The team will provide technical support to the City Project Manager to update the models as designs are further developed.

3.3 Bijou Park Creek 2-Dimensional Hydraulic Model
As discussed in Task 2.1 further refinement to SEZ design features is needed and will require further development of a 2-dimensional hydraulic model with the additional creek and floodplain field survey data collected under Task 2.

The development of the 2-dimensional hydraulic model involves pulling the field survey and LiDAR topographic data into a digital elevation model, applying appropriate Manning’s n values based on creek and floodplain cover/condition, establishing boundary conditions, and calibrating if possible, using any known stage-discharge relationships. Once operational and calibrated the model will be used to infer existing and future hydraulic conditions under scenarios corresponding with up to two restoration design alternatives.

Results from the hydraulic modeling that will inform design development include modeled stage-discharge relationships across the project site, shear stresses induced on the stream channel, banks and floodplain, and flow velocities and preferential flow paths through the floodplain improvement areas.

3.4 Osgood to Wildwood to Lake Hydraulic Analysis ( NEW TASK) Based on previous hydraulic analysis of the Wildwood Basin overflow capacity, NHC will estimate the maximum amount of flow to be diverted into the expanded Osgood Basin and provide recommendations on the hydraulic design of the diversion into the expanded basin. Our design and water resource engineers will analyze the expanded Osgood basin outlet pipe capacity at various tailwater elevations in Wildwood to check that the proposed design will not cause any backwatering into Osgood basin.

Task 3 Deliverables:

Supplemental Hydrology and Hydraulics Report with figures and appendices.

TASK 4. ENVIRONMENTAL DOCUMENTS
Preparation of environmental documents will be led by Catalyst. Under this task, Catalyst will base their approach on their expert knowledge of NEPA guidance, and other associated applicable policies and guidelines. While the CEQA has been completed some final steps are required to complete NEPA.

4.1 Updates to Proposed Project Description for NEPA and CEQA Catalyst and Wildscape have discussed NEPA compliance with USFS to determine the preferred path forward. The USFS has indicated that the Project may be processed as a Categorical Exclusion, in which case, USFS would complete NEPA internally and Catalyst would provide USFS staff with supporting documentation as-requested.

4.2 CEQA Compliance – Addendum to the MND
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5 Catalyst will prepare an Addendum for the CEQA Mitigated Negative Declaration (MND) to analyze potential impacts of the Keller Clean Water Bypass Project design. Under CEQA Guidelines Section 15164, the responsible agency (City of South Lake Tahoe) must prepare an addendum to an adopted MND if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for Environmental Impact Report (EIR) have occurred.

The following outline demonstrates how the addendum could be structured and the contents to be included:

Introduction
Summary of Proposed Project
Proposed Modification to the Mitigated Negative Declaration and Basis for an Addendum Project Description
Analysis of Potential Environmental Impacts Associated with the Proposed Modification Conclusions
List of Preparers
References
The addendum need not be circulated for public review but can be included in or attached to the final adopted negative declaration.

4.3 Tribal Notification Letter and Section 106 Letters
Catalyst will prepare a draft tribal engagement letter and submit to USFS for review/edit. We will finalize the letter and resubmit to USFS. In the event that a Tribe wishes to engage in government-to-government consultation, Catalyst will support USFS in this consultation and memorialize the exchange with notes and records.

4.4 Baseline Cultural Assessment and Report
Coordinate and perform the required cultural resource surveys required by USFS. We will build off the CHRIS records search findings and work with USFS to determine additional data needs for known cultural resources.

If field data is required, we will prepare a survey protocol memorandum and submit to USFS for review/comment to ensure the proposed protocols satisfy Section 106 and NEPA requirements. We will coordinate/perform the surveys in coordination with USFS and will memorialize the data collected with field notes, pictures, and GPS data. We will develop a draft technical memorandum that reports the survey findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.

4.5 Botanical and Jurisdictional Waters Surveys on USFS Lands Based on the urban nature of the project area, USFS will not require any wildlife surveys (per communication with USFS biologist, Shay Zanetti on July 22, 2021), therefore, we assume no Endangered Species Act consultation would be required either. Catalyst will coordinate the required botanical surveys required by USFS. Julie Etra of WBS will coordinate/perform surveys for resident vegetative communities. Botanical surveys will be performed during the appropriate seasonal survey windows and will memorialize the data collected with field notes, pictures, and GPS data. The team will develop a draft technical memorandum that reports the survey findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.

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6 Invasive plants will be identified as part of the botanical survey and a standalone Invasive Plant and Monitoring Plan per LTBMU requirements will be produced to support final design and construction.

Catalyst will coordinate with WBS, who will also perform a jurisdictional delineation (JD) of potential waters of the U.S. per the Clean Water Act. We will develop a wetlands/ JD survey protocol memorandum and submit to USFS for review/comment. We will coordinate/perform the survey while inventorying the project area’s vegetation/botanical resources and will memorialize the data collected with field notes, pictures, and GPS data. We will develop a draft technical memorandum that reports the delineation’ s findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.

4.6 NEPA Categorical Exclusion Support
Catalyst will support USFS in the preparation of a Categorical Exclusion and will provide requested technical documents and clarifications regarding the ECD/MND. We will participate in up to three calls with the USFS IDT to discuss the ECD/MND, baseline info, and impacts. It is assumed that USFS will prepare the Categorical Exclusion and perform the necessary consultations, and that no new technical analysis is required for the Categorical Exclusion beyond what has been prepared for the ECD/MND.

Task 4 Deliverables
Submittal of one (1) CEQA MND Addendum
Submittal of one (1) Draft, Final Tribal Engagement Letters Submittal of one (1) Cultural Resources Technical Memorandum Submittal of one (1) Botanical/Vegetation Technical Memorandum Submittal of one (1) Invasive Plant Survey and Monitoring Report TASK 5. LICENSE AGREEMENTS AND SPECIAL USE PERMITS

5.1 License Agreements and Special Use Permits
The team will coordinate with the public agencies other than the City of South Lake Tahoe, for the parcels identified in the 30 percent plans for project improvements, as necessary to begin the permitting process. All public parcels advantageous to restoration and stormwater treatment have been identified and mapped in the 30 percent plans and the team will generate a list and figures unique to each owner for submission. Public parcels are typically preferred for stormwater improvements and restoration work as the cost to the project is much lower than acquiring private parcels. To conduct project activities on California Tahoe Conservancy CTC) parcels, the City must enter a license agreement with CTC that details the use of the land, the benefits to the public, and the long-term maintenance. A similar process is required for USFS-owned parcels; Special Use Permits must be applied for an obtained to use the parcel for project activities.

We will reach out to key staff at the CTC and USFS to discuss the use of these parcels for the Project and prepare the necessary documents such as an alternatives evaluations and special use permit applications for each desired parcel. We have experience finalizing both license agreements and special use permits with both agencies and a strong relationship with the key personnel at the CTC and the USFS. NTCD will lead this task and work with City staff as necessary to complete it.

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7 5.2 TRPA Land Capability Verification
The TRPA Land Capability designations incorporated in the 30% plans will be further assessed if required for permitting the individual proposed projects. Our team will coordinate and conduct TRPA Land Capability Verification analysis on property within the City rights-of-way, land acquisitions ( should there be any), and assist the City with resolving surface coverage related permit conditions that may be required within the TRPA permit for the project. We will include existing condition and proposed conditions Land Capability Study calculation summary tables on the project construction plans.

Real Property acquisitions
The preliminary plans have largely avoided the use of any private parcels not already acquired by the City of SLT to implement the preferred alternatives, however as we move through 60% design development, a few private parcels will require easement acquisitions, including the private road and 1 to 2 of the individual lots within the Mobile Home Park on Blackwood. There is also the possibility of a private property acquisition and/or a lot line adjustment for a parcel in the lower portion of the watershed to enable the most beneficial design.

This is also a critical piece of the Special Use Permit application which often requires an analysis of acquiring private parcels versus using federal parcels. We will compile necessary information on any private parcels using the El Dorado County Assessor’s website and the Tahoe Regional Planning Agency website. Useful information would include site coverage, land capability, any existing deed restrictions, assessed value, and recent sale value, if applicable. Using this information, we will evaluate if deed restrictions, conservation easements, or land swaps are a viable solution and preferentially pursue those options over full acquisition.

If the analysis reveals that full acquisition is the best path forward, the team will reach out to the private property owners to discuss the project and potential purchase of the property. We will prepare one page outline that describes the Project and its benefits to the watershed and potential sellers. We will inform the property owners of their rights related to California Code of Civil Procedure as well as the rights of the City to use eminent domain if negotiations fail; however, we will continue negotiations as long as possible to secure the necessary properties. We will prepare any documents required for real property acquisition including offer letters, purchase and sale agreements, easement acquisition agreements, appraisal reports, warrant reports, and property acquisition reports for each property.

NTCD has extensive experience working with private property owners to implement restoration and water quality projects and will lead the outreach and coordination for this task. NTCD’s previous experience has involved a variety of landowner agreements and acquisitions. We also have Interwest Consulting Group and Lynn Barnett and Associates to assist with appraisals, purchase agreements, and title, escrow, and closing.

Both firms have extensive experience with public agencies and real property acquisitions in the Lake Tahoe Basin.

5.3 Appraisals
The team of Interwest and Lynn Barnett & Associates will be provided preliminary title reports, appraisals, and applicable environmental reports such as Phase I ESA's and as applicable Phase II ESA An appraisal of each property identified for acquisition will be completed in conformance with federal and state policy.

Each property owner will be contacted by the consulting firm and given the opportunity to accompany the C-106-2021
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8 appraiser during the appraisal. The City’s Project Manager will also be given the opportunity to attend. We will prepare an appraisal report containing at a minimum, the following information:

The purpose and function of the appraisal, including limiting factors and conditions; A description of the physical characteristics of the property being acquired in addition to the highest and best use of the property;
A discussion of all relevant and reliable approaches to value. In most cases this will necessitate the use of the sales comparison approach only;
A description of comparable sales relied on in the determination of value; A statement of the value of the property rights to be acquired, including damages to the remainder; A signed certification of the appraiser and the effective dated of the valuation.

Assumption: The costs provided assume one (1) full property acquisition with one residential housing unit requiring relocation of occupants being displaced and two (2) partial take acquisitions with no displacements requiring relocation assistance. Any additional acquisitions will cost $ 15,000 each and any additional relocation beyond one household will cost $7,500 per household.

5.4 Acquisition
Acquisition services may include making contacts with property owners of all subject parcels for the purpose of negotiating purchase price of real property or easements. Consultant will assume the responsibility of coordination and management of the negotiation process. Services will include the following; Preparing the offer letter and other related documents based on the appraised and accepted fair market value;
Statement that City may take property by eminent domain for full or partial acquisitions in the event negotiations fail;
Notification in accordance with California Code of Civil Procedure Section 1263.025 that the property owner is entitled to obtain an independent appraisal, and should the property owner elect to do so, City will pay for the actual reasonable costs up to $ 5,000: the independent appraisal shall be conducted by an appraiser licensed by the Office of Real Estate Appraisers; Summary Statement Relating to the Purchase of Real Property or Interest therein; Purchase and Sale Agreement or Easement Acquisition Agreement for Public Purposes, as applicable;
Preparing the purchase agreement and conveyance documents; Delivering offer letter and conveyance documents to the City and Caltrans for review and approval; Making City requested changes as appropriate;
Meeting with property owners to discuss the project in general, reviewing easement exhibits and legal descriptions, confirming property owner and occupant information and delivering and explaining the official first written offer;
Maintaining follow-up contact information for property owners; Receiving and responding to property owner inquires either verbally or in writing and making record of such correspondence;
Maintaining contact reports for each parcel;
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9 Continuing negotiations with property owners until agreement is reached; and Transmitting signed agreements to the City promptly for acceptance and processing.

5.5 Title, Escrow, and Closing
We will assume responsibility to ensure all closings are completed in a timely manner by continuing coordination with the Title Company handling the escrows. We will work closely with the Title Company to ensure quality title is obtained. Services will include:

Reviewing the updated title. The City will obtain updated preliminary title reports for review.

Opening escrow, deposit funds and documents, prepare escrow instructions and monitor closing of escrows.

Assisting the Title Company with releasing any liens, mortgages, or encumbrances of record.

Preparing warrant requests to the City with proper supporting documentation including recommended resolutions to escrow related issues.

Coordinating the clearing of tax requirements and assessments.

Attending all meetings and facilitating all closings.

Ensuring final title policies only contain exceptions that the City is willing to accept.

Submitting a completed property acquisition report for each property, including transfer of all pertinent related documents to the City.

TASK 6. PERMITTING
The Project Manager and key task leaders all have experience applying for and acquiring resource agency, TRPA, and City and County permits for their respective stormwater, recreation, and wetland/river restoration projects. We work cooperatively with these agencies to gain their input early on in order to incorporate agency expectations and needs within the designs as is practical, in essence, “ pre-mitigate” our designs and streamline the permit acquisition process.

6.1 TRPA Permit
The Bijou Park Creek Restoration Project is a Lake Tahoe EIP Project ( EIP Number 01.01.01.0118) and therefore will need to obtain an EIP Project Permit from the Tahoe Regional Planning Agency. During the development of the Project, the appropriate TRPA EIP Planner will be involved as a member of the Technical Advisory Committee ( TAC) and will therefore have input throughout the design process. The 90% design documents will address any TRPA comments from the 60% TAC meeting and meet all requirements identified for the TRPA Permit. Utilizing the extensive work done for the NEPA/CEQA process, the Team will complete a TRPA Initial Environmental Checklist for submission with the 90% Permit Application. After obtaining a draft TRPA permit, the Team will review the contents and review the draft permit with the City so that the Design Documents can be finalized, and all regulatory requirements are conveyed to any potential bidders. For the final permit approval, the Team will send a representative to the Hearings Officer or Governing Board if necessary. The Team has successfully permitted more than 20 Lake Tahoe EIP Projects, has a good relationship with the TRPA staff, and is well versed in the TRPA process.

6.2 404/401/1600 Permitting
As laid out in the environmental document, the project, specifically the SEZ and wetland restoration elements will require most if not all of the resource agency’ permits listed below:

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www.wildscape- engineering. com
530) 600-1810
10 Clean Water Act (CWA) Section 401 WQ Certification – State Water Resources Control Board CWA Section 402, NPDES Permit - Lahontan Regional Water Quality Control Board CWA Section 404 Permit (Dredge and Fill) – US Army Corps of Engineers 1600 Streambed Alteration Agreement Permit – California Department of Fish and Wildlife ESA Section 7 Consultation – US Fish and Wildlife Service Under this task our team will conduct the necessary consultations and develop the draft and final application packages working in close collaboration with the design engineers between 60% and 90% design development and submit in the required order to acquire the necessary permissions to construct. Information, mapping, and data from the surveys conducted under Task 4 will be incorporated into the permit applications.

This task includes time to meet with resource agency representatives on site as needed to bring them up to speed on the site setting and need and discuss recommended measures to incorporate into the designs.

Assumptions: As stated under Section 4 no wildlife surveys will be required per Shay Zanetti at USDA Forest Service Lake Tahoe Basin Management Unit.

6.3 Stormwater Pollution Prevention Plans ( SWPPPs)
A Draft and Final Stormwater Pollution Prevention Plan or SWPPP for up to three construction packages as described under 7.1 below will be developed to comply with the Tahoe Basin Construction Permit and Lahontan RWQCB Basin Plan. The Wildscape Team will apply its extensive experience in drafting approved SWPPPs for drainage, utility, highway, and restoration projects in and around the Tahoe basin to produce up to three well-organized, site-specific Draft and Final SWPPPs that will meet all regulatory requirements and be easily adopted and applied during construction.

Task Deliverables:

Up to three (3) Draft SWPPPs
Up to three (3) Final SWPPPs
TASK 7. 60% DESIGN LEVEL PS&E DOCUMENTS

7.1 60% Plans and Technical Specifications
Incorporating comments from the City and the TAC and any identified mitigation measures or special conditions through the CEQA/NEPA process the design team will develop and present 60% design drawings, specifications, and preliminary costs to the City for review. In order to facilitate different timelines for the projects solely within USDA Forest Service lands versus those within City ROW and/or other public and private property the 60% design effort through 100% will develop up to three (3) individual plan sets and technical specification packages so that they can be bid and constructed independently. It is anticipated that one set will cover Forest Service property project elements, and one will cover the Keller Canyon Bypass Project element either as a standalone project or in combination with all other project elements.

The team will coordinate closely with the City of South Lake Tahoe to discuss alternatives when investigating major changes that arise from comments on the 30 percent plans. The plans and specifications will include construction information on all major features similar to the 30% submittal, including a title sheet, sheet index, general notes sheet, site plan with existing utilities and infrastructure, grading plan and profile sheets, pipeline C-106-2021
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
11 centerline and hydraulic grade line profile sheets, temporary and permanent erosion control and BMPs, revegetation, and detail sheets. Additional design elements if not already identified during 30% design development include temporary access routes, stockpile and staging areas, and cut/fill quantities by habitat type (sufficient to initiate draft permit applications and environmental compliance documents).

All project work will be designed to minimize existing habitat disturbance, soil compaction, and infrastructure impacts.

A 60% Technical Specifications package will be developed in parallel with the plans to clearly direct the Contractor on items including but not limited to bid breakdowns, material types, installation procedures, workmanship, work restrictions, warranties, payment methods, etc. The Technical Specifications will adhere to City standards and code requirements.

7.2 60% Landscaping and Revegetation Plans and Specifications At 60% design development additional plan sheets will be incorporated to include maintenance access, trail elements, fencing, and revegetation. SEZ restoration and natural areas will be stabilized with biotechnical treatments using native materials, seeding, and mulching and the design engineers will be supported by the restoration ecologist in order to incorporate site appropriate designs and specifications. There may be limited areas requiring containerized plantings and irrigation along trail connections that will be developed by the landscape designer.

7.3 Draft Project Design Report
In order to ensure confidence in the design plans the team will develop a Draft Project Design report that summarizes the methodologies and data used to develop the design PS&E and any decisions made to modify or move away from elements agreed upon during 30% preliminary designs. The Draft SWPPPs under Task

6.3 will be developed and submitted to the City for review at this time.

7.4 NEPA/ CEQA Mitigation Design Requirements
As stated earlier, we often approach design development already knowing and integrating what will be required by the resource agencies, however this task will provide time to revisit any project modifications or additions that are to be folded into the plans to meet NEPA/CEQA requirements.

7.5 Plan Proof Field Visit
This is an excellent opportunity to field truth the plans with the City Project Manager and mark up and make any necessary edits to avoid unforeseen surprises or issues at 90% design or even during construction. This will be a critical and worthwhile step in the design process.

7.6 60% Engineer’s Estimate
Starting with the 30% cost estimate, we will incorporate the additional changes and detail developed during 60% design, including more refined quantities for earthwork and material import. Using a combination of recent real construction cost data in the Tahoe region, local supplier and vendor quotes and RS Means we will develop costs to 60% detail.

Task 7 Deliverables:

Up to 3 sets of 60% Admin Draft PS&E for City Review and to take to Plan Proof Field Visit Up to 3 sets of 60% Draft PS&E for stakeholder circulation C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 231
Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
12 Up to 3 Draft SWPPPs
TASK 8. 90% PS& E
The design team will build upon the approved 60% PS&E and incorporate input from the City and stakeholders to advance to 90% PS&E.

8.1 90% Plans and Technical Specifications
The design team will build upon the approved 60% PS&E (up to 3 sets as described under 7.1) to continue to add details for construction including but not limited to:

Detail call-out identifiers corresponding to details in detail sheets; and proofed to confirm callouts correspond correctly
Any refinements to the grading plans, profile sheets, utility, electrical, traffic control plans, etc.

Any edits as a result of the 60% TAC Design review
Any edits as a result of additional resource agency or stakeholder review and input.

The Draft SWPPPs will also be updated to incorporate any additional information discovered between 60% and 90% and significant changes to the plans that require changes to the temporary erosion control and water quality protection measures or dewatering approaches. 90% Design Report In order to maintain continuity through the design development process, the Draft Project Design report will be updated to report on any significant changes to the designs between 60% and 90% to accommodate information gained while field trothing and from City, TAC and other resource agency review and comment

8.2 90% Engineers Estimate
The 60% Engineer’s estimate will be further refined based on the edits/additions made to the plans and specifications through the 90% development
Task 8 Deliverables:

Up to 3 sets 90% Admin Draft PS&E for City Review
Up to 3 sets 90% Draft PS&E for stakeholder circulation Up to 3 Final SWPPPs
TASK 9. 100% BID DOCUMENTS
Under this task the design team will make any final changes and add any necessary detail as a result of City and TAC review and input on the 90% PS&E in order to product up to three sets of 100% stamped plans and technical specifications. The Engineer’s Estimate will be reviewed in great detail taking into consideration the current bidding environment (i.e., Contractor availability, local economy, etc.) and final refinements will be made to ensure an accurate cost estimate that will be well within the acceptable margins of error. With our extensive bench of professional civil engineers, we have the ability to do extensive internal QA/QC of all bid documents prior to submitting to the City, which will result in clear and comprehensive plans and specifications facilitating streamlined construction and preventing unnecessary costly change orders.

Task 9 Deliverables:

C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 232
Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
13 Up to 3 sets of 100% Admin Draft PS&E for City Review Up to 3 sets of 100% Stamped PS&E
Responses to Questions during Bid Advertisement and Selection TASK 10. BID ASSISTANCE

10.1 Provide responses to bidder’s questions
The proposed Project Manager and several key team members have assisted public agencies and non-profit organizations on similar large projects in developing bid advertisements, bid packages, and supporting Contractor selection. This includes quickly responding to questions and requests for information and developing any addendums as needed on a short time frame.

Task 10 Deliverables:

Draft and City Resident Engineer Approved Responses
Bid Addenda Sections
TASK 11. CONSTRUCTION ENGINEERING (CE)
The Project Manager and supporting staff have served as Engineer of Record and provided construction oversight on several similar construction projects. Therefore, our team is fully capable of providing Construction Engineering, including reviewing, and responding to material submittals, change order ( CO) requests, and RFIs on a timely basis. We will work with the City Resident Engineer to provide draft written responses and sometimes detailed figures or plan amendments for their review prior to providing to the Contractor. We understand that COs and RFIs can often come in sporadically and require fast response times in order to avoid any delays to the Contractor. Given our local presence and experience we can ensure the City that we would be responsive and effective in all these cases to ensure quality construction continues unimpeded.

11.1 Respond to Request for Information and Change Orders Wildscape Engineering would be able to provide timely responses to Contractor submitted Requests for Information (RFIs) and Change Order (CO) submittals. We would review and provide draft responses for City review within an agreed upon short time frame in order to prevent any delays to construction and would discuss with the City Project Manager and/or Engineer or Record if not Wildscape, all Change Order requests in order to protect the City’s interests.

11.2 Submittal Review and Response
This task provides time to review Contractor submittals, shop drawings and material samples and provide draft and final responses in coordination with the City Project Manager and/or Engineer of Record if not Wildscape. The formal response template will be provided to the City for review and acceptance and will cover a range of responses likely including “ Reviewed No Exceptions Taken”, “ Provide Additional Information”, Make Noted Corrections and Resubmit”.

Task 11 Deliverables:

Draft and City Resident Engineer Approved Responses to RFIs and CO Requests Revisions to Plans if necessary
C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 233

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE

TIMELINE
All work to be completed by September 7, 2025
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235
236
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 14
Agenda Item: Memorandum of Understanding between the City of South Lake Tahoe and Barton Healthcare System for 340B Drug Discount Program
Executive Summary: Barton Hospital approached the City requesting a memorandum of understanding to comply with eligibility requirements of becoming a 340B Program participant. 340B is a section of the Public Health Services Act that establishes a drug discount program and enables hospitals to provide health care services to low-income individuals based on certain criteria. Hospitals must enter into agreements with the local jurisdiction in which the organization operates, in order to participate in the program. This MOU assists in establishing Barton's eligibility to participate in the low-income drug discount program.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Memorandum of Understanding with Barton Healthcare System for 340B Drug Discount Program.

Responsible Staff Member: Lindsey Baker, Assistant City Manager Responsible Staff Member: Lindsey Baker, Assistant City Manager Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01 - Staff Report 340B MOU
02-Memorandum of Understanding with Barton Healthcare System for 340B Drug Discount Program.docx
238
Council Agenda Report- March 14, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: Memorandum of Understanding between the City of South Lake Tahoe and Barton Healthcare System for 340B Drug Discount Program
Location: Citywide
Responsible Staff Member: Lindsey Baker, Assistant City Manager, (530) 542-6093 Background: Barton Hospital approached the City requesting a memorandum of understanding to comply with eligibility requirements of becoming a 340B Program participant.

Issue and Discussion: 340B is a section of the Public Health Services Act that establishes a drug discount program and enables hospitals to provide health care services to low-income individuals who are not eligible for Medicaid or Medicare. In order to participate in the program, hospitals must have a contract in place with the local government or state. This MOU assists in establishing Barton's eligibility to participate in the low-income drug discount program.

Staff Recommendation: Approve a Memorandum of Understanding between the City of South Lake Tahoe and Barton Healthcare System for 340B Drug Discount Program Financial Implications: There is no fiscal impact.

Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).

Policy Implications: This MOU would advance Goal 2.3 (Equitable Access) in the 2021-2026 Strategic Plan, by addressing Action Item 3: Evaluate opportunities to expand partnerships with Barton Health, Senior Citizen Groups, and LTUSD to promote health and wellness, combat childhood obesity, and encourage active lifestyles.
239

MEMORANDUM OF UNDERSTANDING
BETWEEN LOCAL GOVERNMENT AND HOSPITAL FOR 340B PROGRAM
THIS MEMORANDUM OF UNDERSTANDING (“MOU” or “Agreement”) is made this 14th day of March 2023 with an effective date of April 1, 2023 by and between City of South Lake Tahoe, California, a municipal corporation ("City"), located at 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 and Barton Healthcare System (“Hospital”), a nonprofit corporation organized and existing under the laws of the State of California located at 2170 South Avenue, South Lake Tahoe, California 96150.

RECITALS
WHEREAS, Hospital is a California nonprofit hospital that provides healthcare services to the Medicaid and Medi-Cal population in addition to supporting programs that benefit the indigent, uninsured or underinsured populations in the State of California including the City of South Lake Tahoe;
WHEREAS, Hospital is seeking to participate in the drug discount program established under Section 340B of the Public Health Services Act (the "340B Program"); WHEREAS, in order to participate in the 340B Program, Hospital must enter into an agreement with a unit of the local government pursuant to which Hospital commits to provide health care services to low-income individuals who are neither entitled to benefits under Title XVIII of the Social Security Act nor eligible for assistance under the State plan of Title XIX under this Act;
WHEREAS, Hospital desires to make such a formal commitment to the City; and WHEREAS, the authorized signatories of the City agree to accept such commitment.

NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein it is mutually agreed and covenanted, by and between the parties to this MOU as follows.

AGREEMENT

1. Incorporation of Recitals. The Recitals set forth above are incorporated into and made part of the agreement between the Hospital and the City and provide the basis of this MOU.

2. Commitment of Hospital to Provide Indigent Care. During the term of this MOU, Hospital agrees to continue its commitment to the provision of health care to indigent, uninsured and underinsured residents of City.
///

3. Acceptance and Acknowledgements of City.
240

(a) City accepts the commitment of Hospital set forth in this MOU; (b) City acknowledges that the healthcare services provided by Hospital are being provided to low-income individuals who are neither entitled to benefits under Title XVIII of the Social Security Act nor eligible for assistance under the State plan of Title XIX under this Act; and
(c) City agrees to execute and authorizes Hospital to submit any reasonably necessary additional forms required in support of Hospital’s enrollment in the 340B program.

4. Effective Dates of MOU: This MOU is effective April 1, 2023 through March 31, 2024. It shall automatically renew for additional one (1) year terms unless either Hospital or City provides written notice to the other that intends for the MOU to terminate at the end of the then current term and such notice is provided at least ninety (90) days before the end of the then current term.

5. Non-profit Status of Hospital. Hospital constitutes a corporation duly organized and validly existing in good standing under the laws of the State of California with the corporate power and authority to enter into and perform its obligations under this Agreement; and Hospital is a taxexempt corporation of under Section 501 (c)(3) of the Internal Revenue Code of the United States, as amended and under applicable laws of the State of California.

6. Notice. All notices required or permitted to be given under this Agreement shall be deemed given when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as follows:

To: City of South Lake Tahoe, Attn: Assistant City Manager, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150, with a copy to City Attorney’s Office, 1901 Lisa Maloff Way, Suite 300, South Lake Tahoe, CA 96150
To: Barton Healthcare System, Attn: Chief Financial Officer, 2170 South Avenue, South Lake Tahoe, California 96150
{SPACE INTENTIONALLY LEFT BLANK}
241

7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

IN WITNESS WHEREOF, Hospital and City have executed this Agreement as of the day and year first written above by their duly authorized representatives.

CITY OF SOUTH LAKE TAHOE
By _________________________
Name: Cristi Creegan
Its: Mayor
Date: _______________________

BARTON HEALTHCARE SYSTEM
By _________________________
Name: Kelly Neiger
Its: Chief Financial Officer
Date: _______________________
APPROVED AS TO FORM:

By: ________________________
Heather Stroud, City Attorney
ATTEST:

By: _________________________
Susan Blankenship, City Clerk
242
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 15
Agenda Item: Application to California State Lands Commission to Extend Lease for El Dorado Boat Launch
Executive Summary: The City Clerk's office received a letter dated January 3, 2023 from the California State Lands Commission. The letter (attached) informs the City of the upcoming expiration of Lease 5222 authorizing use of the two-lane boat launching ramp, pier and floating dock within the public trust land owned by the Commission. The previous Lease was issued on January 26, 1977 and expires on June 30, 2023. There are no fees associated with the Lease. The Lease permits the City to continue to operate a public boat launch program for motorized and non-motorized watercraft.

Requested Action / Suggested Motions: Pass a Motion authorizing staff to submit an application to the California State Lands Commission to extend Lease 5222 for continued use of the El Dorado Boat Launch.

CEQA Determination: The extension of this Lease is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (existing facilities) because it consists of leasing public property involving negligent or no expansion of existing or former use.

Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation (530) 542-6197 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01_SR_Lease_5222_Extension_lb.docx
02-1977 Lease 5222.9.pdf
03-Letter from State Lands Commission.pdf
243
Council Agenda Report- March 14, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: Authorization to apply for an extension of Lease 5222 with the California State Lands Commission for continued use of the El Dorado Boat Launch Location: 1004 Lakeview Ave. South Lake Tahoe
Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation (530) 542-6197
Background: On January 3, 2023 the City received written correspondence from the California State Lands Commission regarding the upcoming expiration of General Lease No. PRC 5222 on June 30, 2023 (Attachment 02). Specifically, the Lease allows Public Agency use within El Dorado County in South Lake Tahoe described as ‘a two-lane boat launching ramp, pier and floating dock.’ Also known as the El Dorado Boat Launch, the facility is currently operated by the City of South Lake Tahoe under the Parks and Recreation Department. The original Lease was executed on December 7, 1976 and a permit was authorized by the State Lands Commission on January 26, 1977 (Attachment 03). The original Lease was for a term of 48 years.

Issue and Discussion: The California State Lands Commission correspondence of January 3 encourages the City to reapply for the Lease as soon as possible to allow sufficient time to complete the application process and conduct any required environmental review, and negotiate a new lease. City staff require Council authorization to apply for a lease extension. An extended lease will ensure continued access to the El Dorado Boat Launch for the purposes of providing low-cost public access to the Lake for both motorized and non-motorized vessels during the summer months.

Financial Implications: Estimated costs to submit the application include a $25 filing fee in addition to a deposit based on the category of application. The category is identified as Public Agency/Public Recreational and requires a deposit of $3000 at the time of application. Any unused portion of the deposit may be refunded while any additional fees required may be billed to the applicant. The fees are anticipated to be paid from account 100-04170-44108 Parks Maintenance/ Boat Launch Expenses. There are no additional fees associated with the actual Lease (Attachment 03, Section 2, item 4). The City operates the public boat launch facility in accordance with the Grant Agreement with the Department of Boating and Waterways (DBW) which expires in 2029. Without the Lease in place the City would not be permitted to provide public boat launch facilities at the El Dorado Boat Launch.

Environmental Considerations: The extension of this Lease is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (existing facilities) because it consists of leasing public property involving negligent or no expansion of existing or former use.
244
Council Agenda Report- March 14, 2023 Page 2 of 2
Policy Implications: Extending the Lease with California State Lands Commission for the continued operation of the Boat Launch Facility supports Council Strategic Priority 2, Goal 2.2, to improve Recreation and Equitable Access through continued provision of affordable boat launch access.
245
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246
W ll2j+.76

STATE OF CALIFORNIA

STATE LANDS COMMISSION
PERMIT NO. PRC 5a?2.9
Section I
For such consideration, specific purposes and subject to such terms, covenants, conditions, reservations, restrictions and limitations as are set forth herein: THE STA'J'h; OF CALIFOMIA, here:inafter' referred to as "Lessor," acting through the State Lands Commission pursuant to Division 6 of the Public Resources Code and !'itle 2, Division 3 of the California Administrative Code, does hereby grant a permit to:

PERMIT'ff,E Cffi Or 8ffl IAKE '!AqOE I
vhose mail address is: T?. O- lmc.,1210
gouti o Tahoe, CA ')5705
for the non-exclusive use of that certain land decribed in 8ection '+ of this Agreement.

PERMIT TYPE :
[ €: AaCY
TERM: li8 Years ;
ending JfflO 30, ,?0:'3
provided.

COUNTY :

No Months; beginning,,, ,1,,,,
; unless sooner terminated as hereinafter
LAND T!PE: !%bmeqged

Ck%TRAtRiCORD$
PILE NO: " >""
(Form 51.1/+ 1+/76) 247
STATE OF CALIFORNIA 8TA!$ LANDS COMMISSION
PERMIT NO. PRC 5222.9
Section I (Continued)
publio xaemceati,ond boatin@ facility.

AUTHORIZED IMPROVEMENTS: On@ (1) too-lane boai launohin@ ramp; one (1) =r; and one (1) floatin@ dock; together vi,th related ancillary :e'aei:4tiea* LIABILITY INSURANCE : EACH OCCURRENCE
Divided Limits:

Bodily Injury @xlooolooo
Property )Damage % 'AsODD
OR
Mo. Day Yrii
Bsginning 7 1 75
Completion 12 31 76
Combined Single
Limit: $:L,o50l000
85,ff BOND: 8 Him
CON8TRUC,TION LIMITING DJkTE8:

COMPOSITION OF AGREEME;NT: This permit consists of the following parts all attached hereto and by reference made a part of the vhole agreement:

Section 'l - Summary of basic terms, as above.
8ection 2 - 8pecial provisions amending or supplementing Section I or 5.

Section 3 - Consideration.

See,tion '* - Land Description.

Section 5 - Standard covenants.

S'l'-A"L'E OF Cj'.IJ-FO-b':!.'lA
PER;oll.T120. PRC 5222.9
STA'-'j": LAiiDS COMMaaSSION
Section 2
CHAI'JGEE> ZN FORi4: Before the executi.on of this permit, trie priri.ted forirr was charigedg revised a.nd added to in the fol-loving marser:

1. If any structure hereby atathorized is fov.nd to be i.n noxiconforr,lance vith the 'L'ahoe Rsgicnal Plaaaing Agency's Shorezone Ordin.:i.r.ce and ifa any alter'atioxis, repairs, or remoyel requi.red pursuant to said Ordihaiice is not accomp)i.shed within the designated time period, then thjs pertiit is aati:iiaticaJ.i.y :err,;inatedy cffective u,pon notice by t.he State, and the site shall be cueare €, ptr'rsuant to the terms t}iereofo
2e If any -stracture or appurterce hereby a.uthorized is fou::id t.o be situate upoh or adjacent to land of the Courity of El Dorado withoat its consent and approval9 tben tkri,s parr,xit, :is autor'xatical.ly terminated, ejfective upon notice b3r the State, ana the site shall be cleared pursuatit to the ".,e:,ius hereinii

3. The Permittee hereby covenants and agrees that any Bi[nS or otlier types of p.r'inted notices published or installed to provj,de notificatiori of the public use and benefit of ihe facilities as set forth herein, shal-]. coritain arid !'eaS(y)Thably diqlay a statenient to the effect that the St.ate Lar.ds Coy.rnission has coritributed the lands mderlying a portion of the project. S'ach statement may h.e as follows:
"A portion of the land required for this project was contributed by the Stgte Iands Commission."
l+ii Paragraph 2 of Section 59 entitled "MONETARY CONSI,ATION", is net applicable to this permit and is hereby deleted.

5. The Periittee hereby covenaxxts and agrees to hotify Permittor withiri ten (10) days in the event that at'iy monetary fee or charge is rriade or reqaciired of the public for use of the lea.sed lands, either direcr;ly or indirectly.

6. As a supplement to Parapaph 5 of Section 5, Permittor hereby a@reaa that Per;nittee will receive not less than sixty (60) days notice prior to beirig charged monetary rental.
7, A5 a suppleraextt to Paragraph 6 of Saction- 5, Permitt.ee hereby covenahts and agrees that or'ihen the State's boundaries are established, the State has tha riBht to approve existin,; improvements and fills in place; aqd9 as a clariffi.c,:a.tiar. of said paragraph, it is understood by the parties hereto that the descrintj.op in Section '+ is iii"ithout prajudice to bounrlary clairas which might iri the fot.are be asserted b" tne, State, the Ci",y of South Lake 'I'ahoe, or any othsr private propsrty O'!aTler 80

S'['alTE OF CAIJJ"ORNLI STA'.rE LANDS GO!a4IS8ION
PERMIT fD* PRC 5222.9
a";=ct':i.ca2CCoat'a'*)
8* As a. clarification and suppl.ement to Paragraph 16 of Section 5, Periv:Lttor agrees t}'iat the requjreraent to follow rixles arid regulations as eei: fcrth in ,said Section shrill be lj.mited to the land described herein oyer vih:ich State Iaqds Ccrission has ji>ri.saiction. 'It is understood by tma parties hereta t,hat said paragraph has not extended the jurisdiction of State lds to rqquire compliance with rules and regulations on lands rio't, described herein, a ( ' . . 'a :-"'
9* As a clarifi.cation and suppleiseht to Paragraph 31 of Section 5, it is v.riderstood by the parties hereto that any quitclai.m executed by P*-irmittee in accorda'qce with the provisiori,s of this Parazraph shall be w'i-tbout prejudice to t}ie rights of Pertaittee to assert boundary claims can'crary to the descriptioz'i contained in Section '+ hereof* COliSIrION: !'he public use and benefit.
'ROYaLFf = NOh'E
OTEDJ CO:JS.ATION: NONE
.1
race l* of l*
250

SIATE OF CALIFORNIA STATE LANDS COMMISSION
PERMIT NO. PRC 5222.9
Section '+

LAND DESCRIPTION
A parcel of submerged land in the State owned bed of Lake Tahoe, El Dorado County, California, lying adjacent to fractional Section 32, T 13 N,' R 18 E, M.D.H*, and more particularly described as follows:

BEGINNING at the southeast corner of Lot 9. block 8. as said tah1oenngcechNe09eaoslce5r'1Tyi.181n2e.Oo0ffesaeltd: 'tohcenc9e' NNo8rOcho'4855" E,oof2eOe.0%feet thence S 09o 15 ETh 22 feet: thence N 80o 45' E. 66 feet: thence S 09o 15' E. 11*7.66 feet: thence S 82o 55' W. 99*73 feet to the poiri.t of beginriirig
EXCEP'lING THEREFROM any portion lying landward of the ordinary high water mark of Lake, Tahoe,

END OF DESCRIPTION
Checked 7A;/ #
n- ?hht
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l') l) 252
Section 5
STANDARD COVENAN!'S STATE LANDS COMMISSION LEASE

1. AGREEMENT DEFINED: For the purposes of this lease, the terms "lease," "right of way," "easement," "permit," and "license" are interchangeable; where one term is used, it shall be deemed to include any one of the other terms, where appropriate.

2. MONFTARY CONSIDERATION:
(a) Lessee agrees to pay the annual rental stated in Section 3 liereof to Lessor without deduction, delay or offset, at such place as may be designated by Lessor from time to time, in advance on or prior to the beginning date of this lease and anniversary of such beginning date during each year of the term hereof, except that Lessor, effective on each fifth anniversary of the beginning date of this lease, and at such other times as are hereinafter specified, may from time to time elect to change the amount of annual rental to be paid by Lessee hereunder. Any such change in rate shall be to the applicable rate, or by following the procedure for determining the applicable rate, of rental set forth in Title 2, California Administrative Code (now contained in Section 2006) at the time notice of any such change is given to Lessee. Such changed rate shall not become effective unless Lessor shall cause written notice of such change and of the new rate to be given to Lessee on or before ninety (90) days before the effective date of such rental rate change. Should Lessor fail to effect a change of such annual rental effective on any such fifth anniversary of the beginning date of this lease, the annual rental shall remain the same as the rental payable for each year during the immediately preceding five-year period, provided that for any y'ears remaining before the next five-year anniversary of the beginning date of this lease the Lessor on written notice not less than ninety (90) days before the next rent becomes due, may fix a different rate of annual rental, which rate CfNTRAtRE@RDS
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shall be determined in the manner hereinbefore set forth, which rental at such new rate, unless thereafter changed in the manner herein provided, shall be payable each year thereafter by Lessee* Any change in the rate of rental effective on a date other than any fifth anniversary of the beginning date of this lease shall be without prejudice to Lessor's right to change said renta] rate on each succeeding fifth anniversary of the beginning date of this lease as above provided. It is specifically agreed that in the event of the termination of this lease prior to its expiration date from any cause whatsoever, no portion of rental paid in advance shall be refundable.
(b) In the event that the parties to this lease are unable to agree upon a firm annual rental, quarterly royalty or other consideration at the expiration of the lease period agreed herein, and the Lessee remains in possession of the leased lands and continues to pay an interim rental, royalty or other consideration until a firm rental, royalty or other consideration is agreed upon by the parties, then at such time when the Lessee submits payment for any or all retroactive rentals, the State shall collect interest on said retroactive payments at the rate specified in Public Resources Code Section 6221+. This shall not be construed as a limitation upon any other remedy which the State may have against a holdover Lessee*
(c) It is agreed by the parties hereto that any installments of rental, royalty or other monetary consideration accruing under the provisions of this lease that shall not be paid when due shall be subject to a penalty and shall bear interest at the specified rate from the date when the same was payable by the terms hereof, as provided in Public Resources Code Section 622L+ arid Subsection (d) of Paragraph 2 of this lease, until the same shall be paid by the Lessee.
(d) The failure to pay the rentals, royalties or other consideration specified in this lease shall subject the Lessee to a ten (10) percent penalty on the accrued and unpaid balances, for the' rental, royalty or other consideration 254
3 Iiayable after January 1, 197(S.
'). ROYALTY: Lessee shall pay to I:iessor, in addition to the annual iaerital or otl'ier considera't.ion as stated herein, a royalty in the amount per cubic yard per ton, or other unit of measurement as set forth in Section ') hereof for all materials removed from the land subject to this agreement and placed on lands not owned by Lessor, if aut}iorized herein, according to the fo]lowing schedule:

Within twerity-five (25) days followiriz the end of each quarter ending on March 31, June 30, September 50 and December 31, Lessee shall pay said royalty for all materials removed from land subject to this agreement during the preceding quarter. Each payment shall be accompanied by a detailed statement subscribed and sworn to by Lessee or his agent attesting to the accuracy of the payment. l+. O!'HER CONSIDERATION: Lessee agrees to pay other consideration in the amount, method and. manner as provided for in Sections 2 and 3.

5. NON-MONETARYCONSIDERATION: If a monetary rental, royalty or other consideration is not shown in Section 3 of this Agreement, the sole arid er'itire consideration to Lessor for the within lease or permit shall be the public use, benefit, health or safety, as appropriate. However, the Lessor reserves the ri(:;ht to review the consideration at any time and to set a monetary rental j.f the State Lands Commission shall at its sole discretion determine that such action is in the best interest of the State;

6. BOUNDARIES: The description of the land in Section L+herein )ias been made without a survey and without a determination of boundaries of the land subject to this agreement. This lease is riot intended to constitute the establishment of the State's boundaries and is made without prejudice to any boundary claims which may be asserted in the future;

7. LAND USE: Lessee agrees to use the land described in Section '+ only for the purpose or purposes stated in Section 1 or 2 and for the 255
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construction, operation and maintenance of the improvements listed in Sections 1 or 2, as appropriate. If such use is not comenced by Lessee on the land subject to this agreement within ninety (90) days of the be@;inning date of this lease O!' within ninety (90) days of the beginning construction limiting date, if such date is authorized in Section 1, or if such use on said land shall be discontinued for a perxod of ninety (90) days, this lease and the term thereof shall terminate upon notice to Lessee* No additional improvements shall be added without written consent of Lessor first had and obtained.

8. ADEQUACY OF CONSTRUCTION: All improvements shall be constructed and installed consistent with all applicable code requirements* 9* MRINA 8ANITARY FACILITIES: If this lease covers the operation of marinas, launching ramps or other like-facilities which are used by the public, whether for profit or not, Lesaee shall provide on-shore sanitary facilities. 10* FLOATING RESIDENCE: The structure authorized by this lease shall not, at any time in the future, be converted for use as a resxaence, nor be used for the purpose of mooring a floating residence or arks

11. REPAIRS:
(a) Lessee shall maintain and keep in good sound repair all improvements upon the property. The removal of, or substantial alteration to, any existing structure shall not be undertaken without prior writt'en permission of Lessor first had and obtained. The failure to obtain the written permiasion of the Iiessor shall be grounds for termination of this lease.
(b) If at ariy time subsequent to the beginning date of this lease the improvements authorized herein shall fall into a atate of disrepair or otherwise become an environmental or aesthetic degradation, as determined l'y:, 256
by Lessor, then upon written notice by Lessor, Lessee shall have sixty (60) days to repair and correct the conditions cited by Lessor. Failure to comply with the written notice of Lessor shall be grounds for termination of this lease and Lessee shall at the option of the Lessor remove all structures and fill located on lands covered by this lease;

12. RIGHT OF INSPE)CTION: Lessor through its authorized agents shall have the right at all reasonable times to go upon lands owned by the Lessee and upon the leased land for the purpose of inspecting the land and improvements or carrying; out any function required by statutes or the rules and regulations of the State Lands Commission;

13. EXISTING ENCUMBRANCES: This lease is subject to existing contracts, leases, licenses, easements, encumbrances and claims which may affect the leased land, and this lease is m)ade without warranty by Lessor of title, quiet enjoyment, condition or fitness of the land subject to this agreement for the intended use, or any other varranty or representation whatever, except that Lessee faithfully keepin@ all the terms, provisions and conditions of this lease on Lessee's part to be performed, Lessor agrees not to interfere with Lessee's possession of the land subject to this ag;reement, except as herein may otherwise be provided;
ll+* RESERVATION OF NATURAL RESOURCES: Unless the use or purpose of this agreement provides otherwise, there are hereby reserved to the State all natural resources, including but not limited to, timber, minerals, sand and gravel, geothermal resources, oil, gas and hydrocarbon products in or upon the land subject to this agreement, and the right to grant in, over, and across said lands, leases to extract or remove such natural resources, as provided b7 law and the rules and regulations of the State Lands Comission and without compensation to the Lessee;
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15. OTHER RESERVATIONS: Lessor expressly reserves the right to grant easements or crossings :in, upon and under the demised premises* Nothing herein contained shall be construed as limiting the powers of the State to lease, convey or otherwise transfer or encumber, during the life of this agreement, the hereinbefore described lands subject to this agreement for any purpose whatsoever not inconsistent or incompatible with the rights of privileges @ranted to the Lessee by this agreement; provided, however, that nothing herein shall preclude the Lessee from excluding unauthorized persons from the lands subject to this agreement during any period where Lessee reasonably deems such exclusion necessary or desirable in connection with its authorized use of land subject to this agreement;

16. RULES AND REGUIArIONS:
(a) Lessee shall observe and comply with all rules and regulations now or hereafter proinulgated by any governmental agency having authority by law, including, but not limited to State Water Quality Control Board, State Department of Fish and Game, Ua So Arny Corps of Engineers and the State Lands Commission.
(b) Lessee recognizes and understands in accepting this lease that his interest therein may be subject to a possible Possessory Interest Tax that the city or county ma.y impose on such interest, and that such tax payment shall not reduce any rent due the Lesrior hereunder 'and any such tax shall be the liability of and be paid by the Lessee.
(c) Lessee covenants that all reasonabie precautions will be taken to prevent pollution and contamination of the environment.i

17. MODIFICATIONS AND REMOVALS: Any modifications of natural or existing features of the real property described in' this lease, including but not limited to the removal of timber and other flora, which are inconsistent with the authorized uses under this lease are expressly 258
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prohibited without the prior written consent of the Lessor; 18, ACCESS TO OTHER S!'ATE LANDS: If the leased premises abut or adjoin any other State-ovned -lands -which do not have a right of access for ingres and egress, Lessee shall provide adequate public vehicular and pedestrian access across, over and upon the lease premises for the benefit of said lands,

19. RIGHTS-OF-WAY:
(a) If the lease is for a right-of-way covering one or more pipelines' or conduits, the property right granted herein applies only to land actually underlying the pipelines or conduits, and there is hereby granted a nonexclusive right to go into and upon the land subject to this agreement on either side of said lines or conduits and within the parcel described in Section 1+ as reasonably necessary for installation, inspection and maintenance of the pipeline or conduits.
(b) Reasonable passage across and along an;y right of way granted by this agreement shall be reserved to the public.

20. INDEMNITY, BOND AND INSURANCE:
(a) Whether or not a bond or insurance as described herein is required, Lessee shall indemnify, save harmless and at the option of the State, defend, the State of Califor'nia, its officers, agents and employees against any and all claims, demands, loss, action or liability of any kind which State of California, or any of its officers, agents or employees may sustain or incur or vhich may be imposed upon them or any of them arising out of or connected with the issuance of this lease, including, without in any way limiting the generality of the foregoing, any claim, demand, loss, or liability arising from any failure of title or any alleged violation of the property or contractual rights of any third person or persons in the leased lands. 259
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(b) If so specified in Section l or 2, Lessee shall file with Lessor and maintain in full force and effect at all times during the term of this lease or any exterision thereof, and an additional period of one hundred twenty (120) days or until the State has accepted a quitclaim deed and sufficient evidences of removal of improv'ements requested to be removed, whichever is longer, a good and sufficient surety bond drawn in favor of the State of California in the penal sum stated in Section l or 2 hereof, to guarantee to Lessor the faithful performance and observance by the Lessee of all of the covenants and conditions implied or specified in this lease, and which specified or implied covenants and conditions are mandatory upon and are to be kept and performed by the Lessee*
(c) If so specified in Section l or 2, Lessee shall obtain at his own expense and keep in full force and effect during the term of this lease, for the protection of Liessee and the State in an insurance company acceptable to Lessor, comprehensive public liability insurance coverin@ the leased premises and their surrounding area with limits of not less than the amounts stated in Section 1 or 2 hereof. '['he policy or policies shall specifically name the State as an insured party as to the land under lease; and the policy or policies shall specifically identify the lease by number, and a certificate or certificates of insurance must be provided by the Lessee to Lessor. Upon any increase in rental as provided in Paragraph 2, Lessor reserves the right to increase the sum of the penal bond. (d) Lessee agrees that the liability insurance coverage herein provided for shall be in effec4r, at all times during the term of this lease, and until said leased land is restored as nearly as possible to the condition existing prior to erection or placement o'f the improvements thereupon or until Lessor, in writing, elects to accept the leased land or any portion thereof as then improved with structures, buildings, pipelines, machinery, 260
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facilities and fills in place. If Lessor elects to accept only a portion of the leased land as then improved, Lessee's responsibility to insure the premises shall terminate as to those portions that the Lessor accepts intact, but shall continue in the retnAining portions until said portions are restored as nearly as possible to the condition existing prior to the erection or placement of improvements thereupon. In the event said insurance coverage expires at any time or times during the term of this lease, Lessee agrees to provide at least fifteen (15) days prior to said expiration date, a new certificate of insurance evidencing insurance coverag,e as provided for herein for a period of not less than one (l) year, or for not less than the remainder of this lease, and until the leased land is restored or until Lessor, in writing, elects to accept the leased land or any portion thereof as then improved as provided for herein. New certificates of insurance are subject to the approval of the State Lands Division, and Lessee agrees that no construction, :rrnprovernents, additions, work or serv:ices shall be performed prior to the giving of such approval. In the event Lessee fails to keep in effect at all times insurance coverage as herein provided, State may, in addition to any other remedies it may have, terminate this lease upon the occurrence of such event.

21. ASSIGNMENT, TRANSFER OR SUBLETTING:
(a) Lessee shall not assign, transfer, or sublet this a5reesent without the prior written approval of the Commission first had and obtained, Such written approval of the assignment, transfer or sublease shall be subject to any and all conditions required by the Commission, including, without limitation by reason of specification herein, the altering, changing or amending of this lease as deemed by the Commission to be in the best interests of the State.
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(b) The leasehold interest hereby described is created as an appurtenance to littoral land. The leasehold interest is not severable from the rights and interest of the Lessee in the littoral land without the express written approval of the State Lands Commission first had and obtained. Any such severance without State Lands Commission approval shall be grounds for termination of the lease by the State Lands Commissions 22* TERMINATION BY LESSEE: Lessee may terminate this agreement upon giving Lessor not less than sixty (60) days written notice prior to the date of such termination. Lessee agrees that on the day selected by lessee for termination of this agreement under this paragraph, to peaceably and quietly leave, surrender and yield up to Lessor the land subject to this agreement in good order, condition, and repair, reasonable use and wear thereof and darna@e by act of God and the elements excepted, and execute and deliver to Lessor a good and sufficient release of all rights under this lease. Should Lessee fail or refuse to deliver the release as aforesaid, a written nctice by Lessor reciting the failure or refusal of the Iiessee to execute and deliver said release as herein provided shall from the date of recordation of such notice be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this lease and any claims and rights of Lessee in the land and improvements subject to this lease. In the event Lessee elects to terminate this agreement, such termination does not release Lessee from any unpaid but accrued rent, royalty payments or equivalent consideration which may be owed to the Lessor;

23. CANCK[iLATION BY STATE: If this lease covers land obtained by Lessor from the United States as or in lieu of school lands, Lessor reserves the right and pover to cancel this lease at any time during the term hereof upon notice in writing to the Lessee of not less than ninety (90) days next prior to 262
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the date such cancellation shall become effective, and Lessee hereby agrees, upon receipt of such written notice, that Lessee will vacate the demised premises on or before such cancellation date;
2'+. TERMINATION UPON SALE OR EXCHANGE: Iff this is a Grazi.ng or Agricultural Lease, such lease is terminated by Lessor upon sale or exchange of the land subject to this ag;reement without advance notice to the Lessee as provided for by law and by the rules and regulations of the State Lands Commission ;

25. PUBLIC AGENCY PERMITS: Where the sole and entire consideration to the Lessor for the within lease shall be the public use, benefit, health and safety, Lessee agrees and covenants to notify Lessor within ten (10) days in the event any monetary charge is made to the public for use of the leased land, either directly or indirectly.

26. OIL SPIIJi EMERGENCY: In the event of a spill or leak of oil or other liquid pollutants into waters over State lands, Lessee shall immediately notify the State Office of Emergency Services by telephone (800) 852-7550.

Lessee shall subsequently send the State Lands Division a complete written report within thirty (30) days stating the source, cause, size of spill and action taken*

27. MARINE TERMINAL/WHARF OPERATIONS: If this lease is for a marine terminal or wharf operation 'handling petroleum, petroleum products, or any other potential pollutant, Lessee shall provide Lessor with an approved Oil Spill Contingency Plan/Spill Prevention Control and Countermeasure Plan and a Terminal Operations Manual in the form required by Federal and State Regulations and guidelines. Lessee shall periodically review such plans and advise Lessor of any chances to such plans.
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28. RESTORATION OF PREMISES: Upon expiration or sooner termination of this lease, Lessor may elect to accept the leased land or any portion thereof, as then improved with structures, buildings, pipelines, machinery, facilities and fills in place or Lessor may elect to have any such improvements or any portion thereof, removed by Lessee at Lessee's expense. All such improvements to be remove.d shall be salvaged and removed by Lessee at Lessee's sole expense and risk within ninety (90) days after the expiration or sooner termination of this leasea If Lessee fails to remove such improvements or portion thereof designated by Lessor, and restore the leased land as hereinafter provided, within ninety (90) days after the expiration date or sooner termination of the lease or notice by Lessor of his intention to accept a portion of the premises as then improved, whichever is shorter, Iiessor may remove or have removed all or a portion of the improvements and charge the expene+e of such removal to Lessee* In making such removals, Lessee shall restore said leased land as nearly as possible to the condition existing prior to erection or placement of the improvements thereupon;

29. HOLDING OVER: Any holding over after the expiration of the term of this lease by the Lessee, yith the consent of the State, shall be construed to be a tenancy rrom month to month, and shall otherwise be on -the terms and conditions herein specified as far as applicable with rental at the rate of 1/12 of the annual rental stated in Section 3 payable in advance on the first day of each month;

30. REPOSSESSION: In the event of failure of the Lessee to pay rental, or in the event or a breach of any of the other covenants contained vithin this agreement, or failure of Lessee to observe the terms, conditions, restrictions or time limitations herein contained, to be kept, performed and observed, it shall be lawful for Lessor to re-enter into and upon the demised 264
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premises, and to remove all persons and property therefrom, and to repossess and enjoy the herein described demised pfemises as in the first and former estate of the State;

31. QUITCLAIM: Upon the natural expiration or termination of this lease by Lessor, in addition to any other remedy which Lessor may have, as provided by law or the terms of this lease, Lessee shall vithin ninety (90) days of the natural expiration or sooner termination of this lease by Lessor execute and deliver to Lessor a good and sufficient release of all rights under this lease.

Should Lessee fail or refuse to deliver the release as aforesaid, a written notice by Lessor reciting the failure or refusal of the Lessee to execute and deliver said release as herein provided, shall from the date of recordation of such notice be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this lease and any claims and rig;hts of Lessee in the lands and improvements subject to this leasei+
32, RENEWAL: Lessee or his heirs or assigns, or any successor in interest thereto, shall have the right to renew this agreement for the additional periods and years stated in Section l he;reof upon such reasonable terms and conditions as the Lessor, or any successor in interest thereto, might imposeii Such option to renew must be exercised by Leasee by giving written notice to Lessor at least six (6) months prior to the termination date of the lease, or auch option is waived by Lessee;

33. WAIVEROF BREACH: The waiver by Lessor of any default or bteach of any term, covenant or condition shall not constitute a waiver of any other default or breach whether of the same or any other term, covenant or condition, regardless of Lessor's knowledge of such other defaults or breaches. The subsequent acceptance of monies hereunder by Lessor shall notrconstitute a vaiver 265
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of any preceding default or breach of any term, covenant or condition, other than the failure of Lessee to pay the particular monies so accepted, regardless of the Lessor's knowledge of such preceding default or breach at the time of acceptance of such monies, nor shall acceptance of rnonies after termination constitute a reinstatement, extension, or renewal of the lease or revocation of any notice or other act by Lessor.
3'+. NOTICES: All notices herein provided to be given shall be deemed to have been ful]y given when made in writing and deposited in the United States mail with postage prepaid and addressed to the principal office or headquarters of the State Lands Commission, or to the Lessee as addressed on Section 1 hereof, as appropriate;

35. CHANGES: This agreement may be terminated or the provisions changed, altered, or amended by mutual agreement of the parties hereto;

36. TIME - SUCCESSOR'S LIABILITY: !'ime is the essence of each and all the terms and provisions of this agreement, and the terms and provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, successors and assigns of the respective parties hereto; if more than one Lessee is named herein, the obligations of said parties herein contained shall be joint and several;

37. CAPTIONS: The captions of this lease are for convenience only and are not a part of this lease and do not in any vay limit or amplify the terms and provisions of this lease.
380 SEVERABILITY: If any provision herein is judicially determined to be invalid, it shall be considered deleted herefrom, and shall not invalidate thearernaining provisions.
266

STATE OF CALJFORNIA - STATE LANDS COMMISSION
PERMIT NO. ffiC 5222.9
This permit vill become binding upon the State only when duly executed on behalf of the State Iands Commission of the State of California; IN WITNESS WHEREOF, the parties hereto have executed this permit as of the date hereafter affixed.
0Iff OF SOU!I'TTIAK!f: TAHOE.
- ! '. I ! (a' -')

STATE CALIFORNIA
The issuance of this permit was
authorized by the State Iands
Commission on JANUARY26, 1977*
:Public Corp. Agcy. and
Polit. Subd. Acknovledgment)
IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed my official seal in the County of 5L 136a4A Cl the day and year in this certificate first above written.

My Commission Expires
Forrr 'al2al Q'i-7Ca)'
267
268
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 16
Agenda Item: Amendment 5 to Airport Master Professional Services Agreement with Environmental Sciences Associates for Preparation of a Section 163 Analysis and Spill Prevention, Control and Countermeasures Plan
Executive Summary: The Airport seeks to amend the Airport Master Professional Services Agreement with Environmental Sciences Associates (ESA) to complete two task orders. These task orders are necessary to complete the Spill Prevention Control and Countermeasure (SPCC) and Section 163 for the Federal Aviation Administration. The SPCC needs to be completed due to new equipment and fuel stations at the airport. Also, the Section 163 needs to be done to determine if review under the National Environmental Policy Act is required for the non-aeronautical area.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment 5 with Environmental Sciences Associates for preparation of a Section 163 Analysis and Spill Prevention, Control and Countermeasures Plan for the Airport, for an amount of $16,927.

Responsible Staff Member: John Dickinson, Airport Manager Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report- Amendment 5 ESA
02-Amendment 5 to Airport Master Professional Services Agreement with Environmental Science Associates
03- Airport Master PSA Amendments 1-4 with Environmental Sciences Associates.pdf 270
Council Agenda Report March 14, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: Amendment 5 to Airport Master Professional Services Agreement with Environmental Sciences Associates for Preparation of a Section 163 Analysis and Spill Prevention, Control and Countermeasures Plan
Location: 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Background: On May 18, 2021, the City Council awarded a 5-year Master Professional Services contract to ESA of Sacramento, California for on-demand airport environmental consultant services beginning June 1, 2021, and ending May 31, 2026. The Master Professional Services contract award followed a competitive bidding process in accordance with the City of South Lake Tahoe and FAA procurement policies.

Currently, the City has a need for new professional services related to the development of a boat storage facility on Property Area 1, a 15-acre parcel designated for nonaeronautical use, at Lake Tahoe Airport. Property Area 1 is located between the airfield and Emerald Bay Road/U.S. Route

50. Because of its location on Airport property, approval and implementation of the boat storage facility will likely require one or more federal actions by the Federal Aviation Administration (FAA), including approving a conversion of airport property to non-aeronautical use and unconditional approval of an update to the Airport Layout Plan (ALP). If a federal action is identified, the Project would require environmental analysis under the National Environmental Policy Act of 1969 (NEPA). To determine whether there is a federal action, the FAA must screen the project per the requirements of Section 163 of the FAA Reauthorization Act of 2018. The first task, Section 163 Analysis for a Proposed Boat Storage Facility at Lake Tahoe Airport, includes preparation of a comprehensive project description including background information and documentation, to be submitted to the FAA for its use during the Section 139 screening process.

Furthermore, the Lake Tahoe Airport has acquired a new fuel truck and fuel tank. Acquisition of these resources requires preparation of an update/amendment to the Airport’s Spill Prevention, Control, and Countermeasure (SPCC) Plan. The second task, Update a Spill Prevention, Control and Countermeasure Plan for the Lake Tahoe Airport, includes preparation of the updated/amended SPCC.

Issue and Discussion: The Airport is looking to secure an amendment to the contract for the two tasks under the Master Environmental Professional Services Contract with its consultant ESA. The Airport received scopes of work and cost estimates from ESA on December 7, 2022.

The proposed cost for Task 1, Section 163 Analysis for a Proposed Boat Storage Facility at Lake 271
Council Agenda Report March 14, 2023 Page 2 of 2
Tahoe Airport, is $8,720. The proposed cost for Task 2, Update a Spill Prevention, Control and Countermeasure Plan for the Lake Tahoe Airport, is $8,207.

Financial Implications: These tasks will be funded from Airport Enterprise fund Account Number: #501-05120-42025 with the available balance of $7,174 and additional funding to be requested during the mid-year budget review of $20,000 to be allocated from the available Airport fund balance. These new task orders have to be taken to City Council due to the overall cost that will exceed $60,000.00, which is currently at $53,074.00 with the other four (4) amendments.

Environmental Considerations: These tasks do not represent a “project” subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(2) because it is a continuing administrative or maintenance activity.

The outcome of these studies will determine any necessary environmental clearance required for the projects.

Policy Implications: These projects will fulfill Airport’s mission to evaluate potential developments and increase revenues for Airport operations. In addition, it would address environmental policies for environmental protection.
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Amendment No. 5 to Contract C-050-2021 dated June 1, 2021 between Environmental Science Associates and City of South Lake Tahoe The Airport Sponsor and the Airport Environmental Consultant agree to amend the 5-Year Airport Master Professional Services Agreement at the Lake Tahoe Airport, South Lake Tahoe, California for environmental services for non-grant eligible capital improvement projects specified in Exhibit "A" of City Contract C-050- 2021. Amendment No. 4 scope is for Migratory Bird and Noxious Weed Surveys, is included in the Scope of Work of City Contract C-050-2021. The item covered by this amendment is described broadly as follows:

Update a Spill Prevention, Control and Countermeasure Plan.

The Airport Sponsor agrees to pay the Consultant for the services listed in Exhibit A:

Scope of Work in the following manner.

BASIC SERVICES
Task 1: SPCC Plan Review and Facility Assessment
Task 2: Draft and Final SPCC Plan
Task 3: SPCC Plan Staff Training (Optional Task)
Task 4: Project Management
TOTAL BASIC SERVICES ....................................................................Task Total $8,207* *without Task 3 Total Basic Services Task would be $6,557.

And,
Prepare a Section 163 Analysis for a Proposed Boat Storage Facility.

The Airport Sponsor agrees to pay the Consultant for the services listed in Exhibit A:

Scope of Work in the following manner.

BASIC SERVICES
Task 1: Detailed Project Description……………………………………………… $5,180 Task 2: Section 163 Data Coordination…………………………………………… $2,400 Task 3: Project Management…………………………………………….………... $1,140 TOTAL BASIC SERVICES ...................................................................... .....Task Total $8,720 TOTAL COST: $16,927
Method of payment shall be as follows:

Interim payments based on work performed by the Consultant and detailed in an invoice submitted to the Airport Sponsor with the request for payment.

For portions of this contract amendment that are defined by Fixed Lump Sum amounts, the Scope of Work delineates the schedule for services. If either the schedule or scope of work changes then this contract amendment must be re-negotiated in accordance with Architectural, Engineering and Planning Consulting Services for Airport Grant Projects, FAA AC 150/5100- 14E, Change 1 (or as amended).
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IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to Agreement to be executed on March 14, 2023.

CITY OF SOUTH LAKE TAHOE CONSULTANT: Environmental Science Associates By:__________________________ By:_____________________
Cristi Creegan, Mayor Michael Arnold
Senior Vice President
Business License #008716
APPROVED AS TO FORM: ATTEST:
___________________________ __________________________
Heather Stroud, City Attorney Susan Blankenship, City Clerk The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

Attachments: Exhibit A – Scope of Services
Exhibit B – Contract C-050-2021
274
C-005-2023

Exhibit A:

Scope of Services
275
2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc.com
December 7, 2022
Mr. John Dickinson
Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
Subject: Proposal to Update a Spill Prevention, Control and Countermeasure Plan for the Lake Tahoe Airport Dear Mr. Dickinson:

We are pleased to submit this proposal to update a Spill Prevention, Control and Countermeasure (SPCC) Plan for Lake Tahoe Airport. Our scope of services is provided below, and our detailed cost estimate is attached.

Project Understanding
ESA understands that the Lake Tahoe Airport (TVL or the Airport) has acquired a new fuel truck and fuel tank, necessitating an update/amendment to the Airport’s Spill Prevention, Control, and Countermeasure (SPCC) Plan.

This scope of services sets forth the work efforts by ESA to assist the Airport in updating the SPCC Plan.

Assumptions
For the purpose of developing this scope of work and the attached cost estimate, ESA has made general assumptions. These assumptions, limitations, and exceptions specific to certain tasks are noted in their respective sections of this scope of work.

Scope of Work
Task 1: SPCC Plan Review and Facility Assessment
Under Task 1, ESA Team member Wildscape Engineering would review the existing SPCC Plan and related airport documents. The updated SPCC Plan would build upon the existing SPCC Plan by updating when facilities or operations have changed or when improvements to site storage or operations could improve spill prevention or control. Wildscape Engineering staff would tour the fuel tank site with the Airport manager or his designated representative to collect data on the existing fuel tanks, related hazardous materials, and any future proposed site or operational changes to the Airport that may be relevant to the SPCC Plan and that should be included in the five-year update.

Deliverable:
 Document review, site visit, and data collection
276
Mr. John Dickinson
December 7, 2022

Task 2: Draft and Final SPCC Plan
Under Task 2, ESA Team member Wildscape Engineering would develop a preliminary draft of the SPCC Plan (to occur prior to the site tour described under Task 1) above, and then markup the preliminary draft SPCC Plan with additional details based on the assessment of the facility conducted during the site visit. The draft SPCC Plan would incorporate storage and operational recommendations and guidance, site photos, updated figures in CAD and PDF, the required inspection/report templates for Airport staff to use based on the Task 1 site visit, and discussions with Airport Manager or his designee. The Draft SPCC Plan would be reviewed by ESA and Airport staff. Comments and edits would be incorporated into the document to produce the final approved SPCC Plan to share with regulatory agencies.

Deliverables:
 Draft SPCC Plan
 Final SPCC Plan
Task 3: SPCC Plan Staff Training (Optional Task)
Task 3 is an optional task. Under this task, ESA Team members would provide annual SPCC staff training for compliance in December 2022 or January 2023. Scheduling of the annual training would be coordinated with the Airport manager or his designee to work with the Airport’s work schedule and to allow relevant operational and maintenance staff to attend. This training is a requirement under the SPCC Plan and permit.

Deliverables:
 SPCC Plan Training
Task 4: Project Management
This task involves the administrative and managerial activities necessary for ESA to implement and oversee the other tasks included in this proposal. It includes coordination and management of the Project team, preparation of invoices, and project progress reports.

Schedule
ESA understands the schedule is critical for completing the SPCC Plan. If, upon approval of this proposal and issuance of a task order, the Airport Manager or his designee can walk the airport facilities with Wildscape Engineering staff by December 15, 2022, the Draft SPCC plan can be ready for review December 21, 2022. If there is a need to have a final SPCC plan sooner to stay in compliance, the ESA would be happy to discuss ways to expedite this schedule. ESA cannot be responsible for schedule delays caused by the City of South Lake Tahoe or the Airport.
277
Mr. John Dickinson
December 7, 2022

Budget
ESA estimates that the maximum cost to undertake the proposed scope of work described herein is $8,207 ($6,557 without optional Task 3) on a time and materials basis as shown in the attached detailed cost estimate. To the extent that additional tasks are required, directed, and authorized by the Airport, ESA will prepare an amended cost estimate for approval prior to conducting any work outside this scope of work.

Thank you again for contacting ESA. If you have any questions about our proposal or approach, please feel free to contact me at (916) 840-3043 or at [email protected].

Sincerely,
Chris Jones, AICP
Principal Associate
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Table 1: Cost Proposal
ESA Labor Detail and Expense Summary
Mike Arnold Chris Jones
Labor Category Senior Director III Director I Subtotal Total Hours Labor Price Task # Task Name/Description $ 300 $ 210

1.0 SPCC Plan Review and Facility Assessment $ - - $ -2.0 Draft and Final SPCC Plan 4 $ 840 4.00 $ 8403.0 SPCC Plan Staff Training (Optional Task) $ - - $ -4.0 Project Management 12 $ 720 3.00 $ 720 $ - - $ -
Total Hours 1 6 7 7
Total Labor Costs $ 300 $ 1,260 $ 1,560 $ 1,560
Percent of Effort - Labor Hours Only 14.3% 85.7% 100.0% 100.0% Percent of Effort - Total Project Cost 3.7% 15.4% 19.0% ESA Labor Cost 1,560 $
Subconsultant Costs $ 6,647
PROJECT TOTAL $ 8,207
Employee Names
H:Z:\Shared\Projects\2021\D202100181.00 - Lake Tahoe Airport 5-Year Environmental Services Contract\01 Project Management\Scope and Fee\07_Fuel_Truck_SPCC\TVL_SPCC_221206-ESA Labor Cost & Project Total 279
2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc.com
December 7, 2022
Mr. John Dickinson
Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
Subject: Proposal to Prepare a Section 163 Analysis for a Proposed Boat Storage Facility at Lake Tahoe Airport
Dear Mr. Dickinson:

We are pleased to submit a proposal to assist Lake Tahoe Airport with preparing a Section 163 analysis for proposed boat storage facility at Lake Tahoe Airport. Our scope of services is provided below, and our detailed cost estimate is attached.

Project Understanding
The City of South Lake Tahoe seeks to develop a boat storage facility (Project) on Property Area 1 at Lake Tahoe Airport (TVL or the Airport). Property Area 1 is approximately 15 acres in size and located between the airfield and Emerald Bay Road/U.S. Route 50. The parcel is designated for future non-aeronautical use on the current Airport Layout Plan (ALP) for TVL. Approval and implementation of the Project will likely require one or more actions by the FAA, including approving conversion of airport property to non-aeronautical use and unconditional approval of an update to the Airport Layout Plan (ALP) for TVL. If so, the Project would require environmental analysis, coordination, and documentation conforming to the provisions of NEPA and the requirements of FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, and Order 5050.4B, NEPA Implementing Instructions for Airport Actions. However, first the FAA must screen the Project to determine if it has ALP approval authority for all or only parts of the Project under Section 163 of the FAA Reauthorization Act of 2018.

This scope of services sets forth the work efforts by ESA to coordinate with the FAA in its Section 163 review.

Assumptions
For the purpose of developing this scope of work and the attached cost estimate, ESA has made general assumptions that are described herein. Other assumptions, limitations, and exceptions specific to certain tasks are noted in their respective sections of this scope of work.

Scope of Work
Task 1: Detailed Project Description
The FAA will require a project description that thoroughly documents all the project details including the site size, structural dimensions (e.g., size and height), and activities that will take place on site. As part of the project description, ESA will prepare a figure depicting the project site components overlaid on the most recently approved ALP. This exhibit will be limited to depicting the addition of the boat storage facility to the ALP and 280
Mr. John Dickinson
December 7, 2022

will be used solely for purposes of securing the Section 163 determination. This exhibit does not constitute an update to the ALP for TVL.

This effort does not include a detailed planning exercise or development of build out alternatives for future aeronautical use. Because the FAA often sets a high bar for these releases, the effort required could well exceed the level of effort budgeted. If that is the case, the Consultant will prepare a more detailed scope and additional estimate of cost to address the additional effort
Deliverable(s): Draft and Final Project Description with ALP based figure.

Assumptions:

Does not include formal coordination through Obstruction Evaluation/Airport Airspace Analysis (OEAAA) review process or other FAA lines of business.
 Assumes Project line work is available in digital form for import to ALP.  Assumes very limited effort to generate a digital version of the latest approved ALP.  Does not include resolution of FAA questions or concerns of ALP elements unrelated to the Project.  Assumes development of additional drawings or other more detailed planning efforts will not be required.

Task 2: Section 163 Data Coordination
ESA will assist in the collection and coordination of information required by the FAA to process its Section 163 determination. This information may include:
 A copy of the on-airport land use map;
 A copy of the latest Exhibit A property map;
 Supporting documentation regarding airport ownership of the land the project is located on, including surplus or any other property deeds of conveyance, etc.;  Source(s) of funding for the proposed project;
 Other information required for the FAA to determine whether a release of obligations is required Deliverable(s): Assembly of documentation required for the FAA to process a Section 163 determination.

Assumptions:
 All information is readily available in digital format.  Titles searches and detailed research relative to the property ownership are beyond the scope of this effort.
281
Mr. John Dickinson
December 7, 2022

 No new drawings will be required to support the information submittal.

Task 3: Project Management
This task involves the administrative and managerial activities necessary for ESA to implement and oversee the Project. It includes the routine coordination and management of the Project team, preparation of monthly invoices and project progress reports, coordination with Lake Tahoe Airport staff, the City of South Lake Tahoe, and the FAA and regular status update calls, project management plan preparation and updates, and project closeout procedures.

Schedule
ESA understands the schedule is critical to the project. Accordingly, ESA will undertake its best effort and apply the appropriate resources to move the Section 163 review process forward as quickly as possible. ESA cannot be responsible for schedule delays caused by Lake Tahoe Airport staff, the City of Lake Tahoe or the FAA.

Budget
ESA estimates that the cost to undertake the proposed scope of work described herein is $8,720, as shown in the attached detailed cost estimate. To the extent that additional tasks are required, directed, and authorized by the City of South Lake Tahoe, ESA will prepare an amended cost estimate for approval prior to conducting any work outside this scope of work.

Thank you again for contacting ESA. If you have any questions about our proposal or approach, please feel free to contact me at (916) 840-3043 or at [email protected].

Sincerely,
Chris Jones, AICP
Principal Associate
282
Table 1: Cost Proposal
ESA Labor Detail and Expense Summary
Mike Chris Patrick
Arnold Jones Hickman
Labor Category Senior Director
III Director 1
Managing
Associate II Subtotal Total Hours Labor Price
Task # Task Name/Description $ 210 300 $ 190 $

1.0 Detailed Project Description 116 8 $ 5,180 25.00 $ 5,1802.0 Section 163 Data Coordination 110 $ 2,400 11.00 $ 2,4003.0 Project Management 14 $ 1,140 5.00 $ 1,140 Total Hours 3 30 8 41 41Total Labor Costs $ 900 $ 6,300 $ 1,520 $ 8,720 $ 8,720 Percent of Effort - Labor Hours Only 7.3% 73.2% 19.5% 100.0% 100.0% Percent of Effort - Total Project Cost 10.3% 72.2% 17.4% 100.0% ESA Labor Cost 8,720 $
PROJECT TOTAL $ 8,720
Employee Names
H:Z:\Shared\Projects\2021\D202100181.00 - Lake Tahoe Airport 5-Year Environmental Services Contract\01 Project Management\Scope and Fee\06_Boat_Storage_Sec_163\TVL_Boat_Storage_163_Cost_Estimate_221205-ESA Labor Cost & Project Total 283
Exhibit B
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1. 2.

3. CITY OF SOUTH LAKE TAHOE

AIRPORT MASTER PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 1st day of June 2021 by and between the City of South Lake Tahoe, a municipal corporation ("City") and Environmental Science Associates (ESA) ("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
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.

Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for five-years ending May 31, 2026.

Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto C-050-2021 285
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4. 5.

6. 7.
and incorporated herein by reference. 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.

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.

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.

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 Sub-Consultant 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.

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 C-050-2021 286
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8. period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant's address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 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.

Independent Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent Consultant 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, Consultants or Sub-Consultant hired or retained by Consultant are employees, agents, Consultants or Sub-Consultant 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.

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9. 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,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(0) (2)].

10. 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.

11. 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.

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DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 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.

12. 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.

13. 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.

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 Sub-Consultant, 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.

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14. 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 Sub-Consultant 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 Sub-Consultant'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 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 C-050-2021 290
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or Sub-Consultant. 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.
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.

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 C-050-2021 291
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 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 Sub-Consultant to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the Sub-Consultant 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.

15. 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: Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
Tel: (530) 542-6182
Email: [email protected]
Provide a copy to: City Attorney's Office
City of South Lake Tahoe
If to Consultant:

Provide a copy to:
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
Tel: (530) 542-7478
Email: [email protected]
Chris Jones, AICP
Principal Associate
Environmental Sciences Associates (ESA)
2600 Capitol Avenue, Suite 200
Sacramento, CA 95816
Tel: (916) 840-3043
Email: [email protected]

16. 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 C-050-2021 292
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 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 SubConsultant. Nothing in the Agreement shall create any contractual relationship between City and Sub-Consultant 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 Sub-Consultant other than as otherwise required by law.

17. 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.

18. 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.

19. 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.

20. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent Consultants 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 Consultant 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.

21. 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:

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DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 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 ( l) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

22. 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 Consultants shall certify and disclose accordingly.

23. 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.

24. 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 C-050-2021 294
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

25. 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.

26. 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.

27. 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.

28. 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.

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

30. 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.
31 . Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity.
a. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the Consultant's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade:

Goals for female participation in each trade:

3.78% Race Conscious

6.9%
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DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 These goals are applicable to all of the Consultant's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Consultant performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Consultant also is subject to the goals for both its federally involved and non-federally involved construction.

The Consultant's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(0) and its efforts to meet the goals.

The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Consultant shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Consultant to Consultant or from project to project for the sole purpose of meeting the Consultant's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
a. The Consultant shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the Sub-Consultant; employer identification number of the Sub-Consultant; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
b. As used in this notice and in the contract resulting from this solicitation, the "covered area" is the City of South Lake Tahoe, El Dorado County, California.

32. Breach of Contract Terms. Any violation or breach of terms of this contract on the part of the Consultant or its Sub-Consultant may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Consultant until such time the Consultant corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a C-050-2021 296
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

33. General Civil Rights Provisions. The Consultant agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Consultant and Sub-Consultant from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

34. Title VI Solicitation Notice. The City of South Lake Tahoe, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

35. Compliance with Nondiscrimination Requirements. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows:
a. Compliance with Regulations: The Consultant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract
b. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of Sub-Consultant, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

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DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 c. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential Sub-Consultant or supplier will be notified by the Consultant of the Consultant's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
d. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
i. Withholding payments to the Consultant under the contract until the Consultant complies; and/or
ii. Cancelling, terminating, or suspending a contract, in whole or in part.
f. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto.

The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a SubConsultant, or supplier because of such direction, the Consultant may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States.

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DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4

36. Clean Air and Water Pollution Control. Consultant agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC§ 740-767lq} and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Consultant agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA} and the Federal Aviation Administration. Consultant must include this requirement in all subcontracts that exceeds $150,000.

37. Contract Workhours and Safety Standards Act Requirements. a. Overtime Requirements. No Consultant or Sub-Consultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph ( l) of this clause, the Consultant and any Sub-Consultant responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and Sub-Consultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph ( l) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph ( l) of this clause.
c. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA} or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or Sub-Consultant under any such contract or any other Federal contract with the same prime Consultant, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any C-050-2021 299
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 liabilities of such Consultant or Sub-Consultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
d. Sub-Consultant. The Consultant or Sub-Consultant shall insert in any subcontracts the clauses set forth in paragraphs ( 1) through (4) and also a clause requiring the Sub-Consultant to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any Sub-Consultant or lower tier SubConsultant with the clauses set forth in paragraphs (1) through (4) of this clause.

38. Copeland "Anti-Kickback" Act. Consultant must comply with the requirements of the Copeland "Anti-Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3.

Consultant and Sub-Consultant are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Consultant and each Sub-Consultant must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week.

Owner must report any violations of the Act to the Federal Aviation Administration.

39. Davis-Bacon Act.
a. Minimum wages.
i. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the Consultant and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (42) (d) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are C-050-2021 300
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed
under (42) (b) of this section) and the Davis-Bacon poster (WH1321) shall be posted at all times by the Consultant and its Sub-Consultant at the site of the work in a prominent and accessible place where it can easily be seen by the workers. ii. The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
1 . The work to be performed by the classification
requested is not performed by a classification in the
wage determination;

2. The classification is utilized in the area by the
construction industry; and

3. The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
iii. If the Consultant and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting C-050-2021 301
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 officer within the 30-day period that additional time is necessary.
iv. In the event the Consultant, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.

The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
v. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (42) (ii) ( 1) or (2) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
vi. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Consultant shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
vii. If the Consultant does not make payments to a trustee or other third person, the Consultant may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Consultant, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Consultant to set aside in a separate account assets for the meeting of obligations under the plan or program.
b. Withholding. The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Consultant under this contract or any other Federal contract with the same prime Consultant, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Consultant, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, C-050-2021 302
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 trainees, and helpers, employed by the Consultant or any SubConsultant the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Consultant, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records.
i. Payrolls and basic records relating thereto shall be maintained by the Consultant during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in l (b) (2) (B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.S(a) (l) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l (b) (2) (B) of the Davis-Bacon Act, the Consultant shall maintain records that show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Consultants
employing apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
ii. A. The Consultant shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Consultant will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation C-050-2021 303
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 Administration. The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a) (3) (i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime Consultant is responsible for the submission of copies of payrolls by all Sub-Consultant.

Consultants and Sub-Consultant shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Consultant will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Consultant, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a prime Consultant to require a Sub-Consultant to provide addresses and social security numbers to the prime Consultant for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).

B. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the Consultant or SubConsultant or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
1 . The payroll for the payroll period contains the
information required to be provided under 29 CFR §

5.5(a) (3) (ii), the appropriate information is being
maintained under 29 CFR § 5.5 (a) (3) (i), and that such information is correct and complete;

2. Each laborer and mechanic (including each helper,
apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, C-050-2021 304
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 other than permissible deductions as set forth in
Regulations 29 CFR Part 3;

3. Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
iii. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (3) (ii) (B) of this section. iv. The falsification of any of the above certifications may subject the Consultant or Sub-Consultant to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
v. The Consultant or Sub-Consultant shall make the records required under paragraph (3) (i) of this section available for inspection, copying, or transcription by authorized
representatives of the sponsor, the Federal Aviation
Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Consultant or Sub-Consultant fails to submit the required records or to make them available, the Federal agency may, after written notice to the Consultant, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
d. Apprentices and Trainees.
i. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary C-050-2021 305
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Consultant as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a
Consultant is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the Consultant's or SubConsultant's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Consultant will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
ii. Trainees. Except as provided in 29 CFR 5.1 6, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan C-050-2021 306
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the Consultant will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
e. Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
f. Compliance with Copeland Act Requirements. The Consultant shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
g. Subcontracts. The Consultant or Sub-Consultant shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a) ( 1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the Sub-Consultant to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any Sub-Consultant or lower tier Sub-Consultant with all the contract clauses in 29 CFR Part 5.5.
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i. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
j
. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Consultant (or any of its Sub-Consultant) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives. k. Certification of Eligibility.
i. By entering into this contract, the Consultant certifies that neither it (nor he or she) nor any person or firm who has an interest in the Consultant's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) ( 1).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR

5.12(a)(l ).
iii. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.

40. Disadvantaged Business Enterprises. The Consultant or Sub-Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying the Consultant from future bidding as non-responsible.

The Prime Consultant agrees to pay each Sub-Consultant under this prime contract for satisfactory performance of its contract no later than sixty (60) days from the receipt of each payment the prime Consultant receives from the City of South Lake Tahoe. The prime Consultant agrees further to return retainage payments to each Sub-Consultant within sixty (60) days after the C-050-2021 308
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41. Texting When Driving. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Consultant to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Consultant must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.

42.Energy Conservation Requirements. Consultant and Sub-Consultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201 et seq).

43.Equal Opportunity Clause. During the performance of this contract, the Consultant agrees as follows:
a. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

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d. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Sub-Consultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a Sub-Consultant or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

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44. Fair Labor Standards Act. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor- Wage and Hour Division.

45. Occupational Safety and Health Act of 1970. All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their SubConsultant's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor - Occupational Safety and Health Administration.

46. Prohibition of Segregated Facilities.
a. The Consultant agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Consultant agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract.
b. "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
c. The Consultant shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

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47. Procurement of Recovered Materials. Consultant and Sub-Consultant agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Consultant and Sub-Consultants are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
a. The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
b. The Consultant has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA-designated items is available at:
www.epa.gov/smm/comprehensive-procurement-guidelines-constructionproducts.

Section 6002(c) establishes exceptions to the preference for recovery of EPAdesignated products if the Consultant can demonstrate the item is:
a. Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b. Fails to meet reasonable contract performance requirements; c. Is only available at an unreasonable price.

48. Rights to Inventions. Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Consultant must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.

49.Seismic Safety. In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

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50. Termination for Convenience. The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on nonperformed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

51. Termination for Cause. Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party seven (7) days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
a. Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
i. Perform the services within the time specified in this contract or by Owner approved extension;
ii. Make adequate progress so as to endanger satisfactory performance of the Project; or
iii. Fulfill the obligations of the Agreement that are essential to the completion of the Project.

Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable
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Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
b. Termination by Consultant. The Consultant may terminate this Agreement in whole or in part, if the Owner:
i. Defaults on its obligations under this Agreement;
ii. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
iii. Suspends the Project for more than one hundred and eighty (180) days due to reasons beyond the control of the
Consultant.

Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

52. Veterans Preference. In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnamera veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

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53. Time Overruns Beyond Control of Consultant. On airport architectural/ engineering construction contract amendments to the Master Professional Services Agreement, the Consultant must provide the City with amendment language that states the period of time as specified by the number of contract days for which the compensation applies. The consultant must be reimbursed for services in excess of the specified period of time at a mutually acceptable fee negotiated at the time all the pertinent circumstances are known. The cost of additional consultant technical inspection services that would result from Construction Contractor or City caused construction delays should be included in the liquidated damages established for Airport Improvement Program (AIP) construction contracts.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT: ENVIRONMENTAL SCIENCE

ASSOCIATES
B�bL lvvilA,
Joseph Irvin, City Manager
5/24/2021
Michael Arnold, Senior Vice President
Business License #
APPROVED AS TO FORM:

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Heather Stroud, City Attorney
ATTEST:

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City Clerk
Attachments:
5/24/2021
Exhibit A - Scope of Services
Exhibit B - Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D - Trade Restriction Certification
------- 008716
Exhibit E - Tax Delinquency and Felony Convictions Certification Exhibit F - Certification of Offerer/Bidder Regarding Debarment C-050-2021 315
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EXHIBIT A

SCOPE OF SERVICES
Environmental Services and qualifications should include, but not necessarily be limited to the following work elements:
• The investigation, rehabilitation and management plans related to habitats of flora, fauna, and other species,
• The preparation of environmental reports, risk assessments, remedial action plans, site investigation, rehabilitation and mitigation efforts, • Documentation, reports and studies related to NEPA, CEQA and TRPA compliance, including but not limited to agency coordination, biological assessments, surveys and permits applications, • Industrial and Construction Stormwater pollution prevention plan (SWPPP) updates, amendments or new construction plan documents, • Spill Prevention, Control, and Countermeasure Plan (SPCC) compliances support services which may include amendments or technical support to a spill event,
• Technical support for Hazardous materials management, • El Dorado County Hazardous Materials Business Plan amendments, • Other environmental services related to airports as may be required due to the complex multi-layered environmental regulatory structure existing inside the Lake Tahoe Basin.

Contemplated airport capital development projects under this contract may include, but are not limited to, any of the following projects below over the fiveyear contract period (not in order of priority). Project work will be based on funding availability (local, state and federal). Respondents are advised that some services may not be required and the Sponsor reserves the right to initiate an additional procurement action for any project service not included in this RFQ during the contracting period, if required by unforeseen conditions/events that may transpire. The negotiation of the fee services, shall occur at the time those services are needed as specified in Federal Aviation Administration Advisory Circular 150/51 00- l 4E Change 1, Architectura( Engineering, and Planning Consultant Services for Airport Grant Projects. Examples of fee schedule and scope of work are provided in Appendices C and E of Federal Aviation Administration Advisory Circular 150/51 00-l 4E Change 1. An independent cost analysis shall be performed for each of these negotiations for all projected funded in part by the Federal Aviation Administration Airport Improvement Program. If a price cannot be agreed upon between the owner and the selected firm and negotiations are terminated, negotiations may be initiated with the second top rated firm, if one exists.

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Please note that City (Airport Sponsor) Fiscal Year (FY) begins on October 1 ending September 30.

1. FY 2020-2021 after consultant selection, provide airport with rough order of magnitude for anticipated project costs for capital financial planning purposes, a focus will be on non-grant eligible work which includes TRPA, CEQA and other agency environmental review. These are estimates and not final negotiated fee schedule for proposed work and should not be treated as such. Anticipated to start estimation process in October 2021 after a 5-year Master Professional Services Contract is executed with the Sponsor. This process will assist the Sponsor in ensure adequate planning for future funding allocations for 2021-2026 contemplated project implementation. Also contemplated is initial scoping meeting with FAA Environmental Protection Specialist to qualify level of environmental documentation required to implement 2023 Airport Layout Plan Update with narrative report or a new Airport Master Plan. The Airport Sponsor believes a new Airport Master Plan is more probable.

2. FY 2021-2022 act as the Airport Sponsor's representative in initial outreach and coordination with TRPA on project slated for FY 2023 CEQA/TRPA environmental compliance documentation ahead of FY 2024 engineering & design and NEPA compliance documentation and FY 2025
construction. This element may commence after October 1, 2021. The FY 2024-2024 project scope includes the following: Rehabilitate Runway 18/36 (crack repair and seal coat application), Remove High Speed Taxiways E/F, Remove Taxiway J, Remove Portion of decommissioned Taxiway H, remove excess pavement on S. end of Taxiway A, construct 3 x new 90 degree connector Taxiways to Runway 18/36 in new locations, rename Taxiways based on current FAA Standard, Install new LED airfield signs, Investigate Magnetic variation runway designation change. In FY 2021 discuss with TRPA land coverage implications and
relocation/removal of land banked coverage owned by the Airport.

Solicit TRPA comment on environmental scoping requirements and probability of including said project as a possible TRPA Environmental Improvement Program (EIP) project to reduce impervious hard coverage in the airport's stream environment zone (Class 1 b). TRPA project coordination expected in summer or fall 2021. CEQA Initial Study/Mitigated Negative Declaration for 2017 Master Plan Update contained project scope. Tiering of CEQA compliance document required at project level when project is ripe for design in FY 2023.

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DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 Also anticipated is a CEQA Statutory Categorical Exemption (14 CCR § 15262) for FY 2022 project Update Airport Pavement Maintenance Management Plan. Approved environmental compliance documents required ahead of fall 2022 AIP grant cycle due on October 1, 2022. Work on these environmental documents will commence on contract execution as the first Master Professional Services Agreement as an amendment.

3. FY 2022-2023 AIP Funded Update Airport Pavement Maintenance Management Plan with new plan in 2022-2023 in accordance with Federal Aviation Administration Advisory Circular 150/5380-lB, Airport Pavement Management Program. Anticipated AIP grant application is fall of 2022 with grant award in midsummer 2023.

Also anticipated is initial coordination for NEPA Categorical Exclusion (307p AIP planning grant for Airport Master Plan or Airport Layout Plan Update with Narrative Report). Approved environmental compliance documents required ahead of fall 2023 AIP grant cycle. Work on these environmental documents will commence at a time of mutual convenience to the Master Professional Services Agreement as an amendment. Environmental compliance documents are required prior to April 1, 2023 to make the City eligible for FAA AIP grant application.

4. FY 2023-2024 Airport Layout Plan Update (ALP) with Narrative Report Planning Study or New Airport Master Plan. Update Airport Layout Plan or New Airport Master Plan based upon "triggering event" which for the City was the election of a completely new City Council whose priorities are not aligned with those of the previous City Council who approved the last Airport Master Plan & companion Airport Layout Plan (20 l 6-AWP-1458- NRA). Based on City Council policy direction, the Airport will seek to establish a new near-term, mid-term and long-term airport capital project list which meets City priorities to develop the airport in order to maximize new revenues opportunities, improve emergency response, and incentivize economic development in South Lake Tahoe. City coordination with TRPA is required during the iterative ALP Update or Airport Master Planning process to ensure that the projects proposed are viable and to adequately identify environmental scoping requirements to move proposed projects forward in a coordinated fashion. The selected environmental consultant will assist the City in meeting with and eliciting input from TRPA and other key local area stakeholders during the planning process. Agency and public input will be required from the TRPA, Lanhontan Region California Water Resources Control Board, California Department of Fish and Wildlife, U.S. Forest Service Tahoe Basin Management Unit, California Tahoe Conservancy, Tahoe Resource Conservation District, El Dorado County Planning Division, City of South C-050-2021 318
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 Lake Tahoe Development Services, Sierra Nevada Alliance and the League to Save Lake Tahoe. Public outreach is also likely to ensure transparency in the process to ensure all environmental concerns are identified early in the process to shape future airport capital project viability and environmental regulatory scoping requirements in a complex environment. Conditional ALP Update approval to required NEPA Categorical Exclusion (possible NEPA Categorical Exclusions & Extraordinary Circumstances: 31 Oe, 31 Of, 309b, 31 Ok, 31 Op, 309e, 3101, 31 Oz, 307b, 310w, 310f, 304k, 304c, 304b) or NEPA Environmental Assessment if deemed necessary by FAA Environmental Protection Specialist. If a new Airport Master Plan avenue is sought it is likely that an NEPA Environmental Assessment will be required to accompany the Airport Master Plan.

Please note due to airport setting proposed changes may involve "extraordinary circumstances" as determined by the FAA Environmental Protection Specialist requiring additional environmental analyses; which may require an Environmental Impact Statement. The Airport Layout Plan Update or new Airport Master Plan will be approved by City Council and a CEQA Initial Study must be performed which may require a CEQA Environmental Impact Report.

Also anticipated in FY 2023 is the CEQA Initial Study and TRPA environmental compliance documents required for FY 2024 project Rehabilitate Runway 18/36 (crack seal and slurry seal runway), Remove High Speed Taxiways E/F, Remove Taxiway J, Remove Portion of Taxiway H and Remove excess pavement on S. End of Taxiway A, construct 3 x new 90 degree connector Taxiways to Runway 18/36 in new locations, rename Taxiways based on current FAA Standard, Install new LED airfield signs, Investigate Magnetic variation runway designation change. Work on these environmental documents will commence at a time of mutual convenience.

Environmental compliance documents are required prior to April 1, 2024 to make the City eligible for FAA AIP grant application.

5. FY 2024-2025 Design, Engineering and anticipated completion of NEPA Categorical Exclusion with extraordinary circumstances or NEPA Environmental Assessment compliance documents for Runway 18/36 (crack seal and slurry seal runway), Remove High Speed Taxiways E/F, Remove Taxiway J, Remove Portion of Taxiway H and Remove excess pavement on S. End of Taxiway A, construct 3 x new 90 degree connector Taxiways to Runway 18/36 in new locations, rename Taxiways based on new FAA Standard, Install new LED airfield signs, Investigate Magnetic variation runway designation change.

6. Undetermined project timing. Project viability still under consideration.

Land Lease to solar developer Staten Solar/lGS for the North Airport Solar C-050-2021 319
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 Farm on Airport Parcel APN 031-020-042 (7.42 acres on TRPA Land Capability Areas 4 & 5). Requires release of airport land from aeronautical use to long term lease for non-aeronautical purposes. A release of airport land from aeronautical use requires a Federal Action and NEPA environmental review for the nature of the land release (NEPA 907b).

Due to the area being currently designated as a "conservation area" in the Trout Creek Area Plan, the nature of this development may trigger NEPA "extraordinary circumstances" that may result in a NEPA Environmental Assessment rather than the typical Categorical Exclusion for such land release approvals. Many other local environmental hurdles exist that are being investigated by the SEED Fund on behalf of the Sponsor. A CEQA Initial Study would also be required if this project were to overcome several local technical hurdles along with TRPA environmental compliance.

On April 17, South Lake Tahoe became the twenty-sixth municipality in the United States, and the latest in a growing coalition of mountain communities, to commit to 100 percent clean and renewable electricity.

The South Lake Tahoe City Council approved a measure establishing a goal of transitioning entirely to renewable sources of electricity by 2032. Included in this pledge was a short-term goal of reaching 50% municipal renewable energy by 2025. Mayor Austin Sass signed onto Climate Reality's 100% Committed campaign alongside communities such as Moab, UT and Aspen, CO. (https://www.climaterealityproject.org/content/roadmapl 00). The City of South Lake Tahoe has also resolved to cut its carbon emission footprint by 80% by 2040 for all fleet vehicles. The current energy utility provider, Liberty Utilities, generates about 25% of its energy by renewable sources. Since this project is still in project viability development the scope of environmental support is unknown at this time. Depending on the outcome of SEED Fund investigations additional environmental compliance, research or field study work maybe required to satisfy TRPA, CEQA or other regulatory agencies with jurisdiction over this area.

7. Undetermined project timing. Anticipated CEQA Categorical Exemption (14 CCR§ 15302) required. City funded crack seal, hot patch repairs to minor sections and slurry seal pavement surface treatment for Lisa Maloff Way (Landside Airport Access Road) pavement sections C32 including a portion of the Airport Terminal Parking Lot pavement sections C33, C34, C35 (pavement preservation) and Taxilane D C30, C29 (pavement preservation). Pavement sections numbers determined from 2017 Lake Tahoe Airport Pavement Maintenance Management Plan which is an attachment to this document.

8. Undetermined project timing. Anticipated CEQA Categorical Exemption C-050-2021 320
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 (14 CCR§ 15301) required. Architectural services for relocating other City Divisions to Airport Terminal Building. Architectural design and engineering to remodel portions of the terminal building to convert to efficient use by the Development Services Division, hazardous materials inventory and abatement, remodeling design/floor plan layout for future RFP, RFP advertisement document preparation, City Public Works contract preparation, and construction during terminal remodeling efforts. No specific timeline established; demand driven by City Manager.

9. Undetermined project timing. Implementation of any of the currently approved Airport Master Plan projects not specifically provided with an implementation date and are driven by need/demand. These include NEPA and CEQA project level review:
a. To acquire avigational easements to for airspace protection (vegetative management), protection of runway safety areas and runway protection zones.
b. New Automated Weather Observation Station (AWOS) installation c. New Aircraft Wash Rack
d. New Aircraft Self-Serve Fueling Station
e. New 120' x 120' Commercial Hangar Construction
f. Runway Obstacle Free Area hazard vegetation removal
g. Release future non-aeronautical use areas on the airport h. Rehabilitate Automobile parking lots and access roads to said parking lots i. Electric Vehicle Charging Stations
j. Fixed Based Operator Facility expansion
k. Development of new instrument procedure to Runway 36. RNAV (GPS) Localizer Performance without Vertical Guidance (LP) approach.

10. Undetermined project timing. Anticipated CEQA Categorical Exemption (14 CCR§ 15301 ). City funded Airport Terminal Building Membrane Roof Replacement Project. Prepare design, engineering specification and bid documents for RFP by City. Provide engineering analysis to recommend replacement roofing system for the airport terminal building to the Sponsor. Administer construction management and quality control services on behalf of the Sponsor to ensure long term viability for replacement roofing system.

11. FY 2025-2026 project anticipated for FAA AIP 2026 grant cycle titled:

Rehabilitate General Aviation Apron (75,000 SY, crack seal and seal coat construction). Anticipated NEPA Categorical Exclusion (310e) required.

Anticipated CEQA Categorical Exemption (14 CCR§ 15301) required.

Environmental compliance documents are required prior to April 1, 2026 to make the City eligible for FAA AIP grant application. Also C-050-2021 321
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 contemplated is local permitting for upcoming tree 2029 tree removal to remove hazards to air navigation from airport environs. This includes CEQA Initial Study, Lahontan Timber Waiver, TRPA Tree Removal Permits, and CAL-FIRE Public Agency Right of Way Exemption permit to remove mature trees from both on airport and off airport locations. This includes any ancillary permits such as burn permit depending on type of treatment proposed.

All projects are dependent upon federal Airport Improvement Program (AIP} funding, Caltrans funding, and/or City funding. All project elements require funding approval from the Sponsor prior to being obligated as an amendment to this 5-year Master Professional Services Agreement. Therefore, it shall be understood that some of the services related to the above listed projects may be deleted or modified. The Sponsor reserves the right to phase the projects contemplated 2021-2026 through the course of multiple grants and/or maybe phased into smaller projects as funding and need dictate. The Sponsor reserves the right to initiate additional services not included in the initial procurement.

C-050-2021 322
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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $Negotiated during contract amendments.

Hourly Rate:

Travel and out-of-pocket expenses
(travel is included in the TOTAL (not to exceed amount) $Please see
attached
schedule of hourly
rates
$N/A
TOTAL (not to exceed) $Negotiated during contract amendments.

TIMELINE:

Contract starts on June 1, 2021 and ends on May 31, 2026.

C-050-2021 323
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 Exhibit B
Environmental Science Associates & Subsidiaries
2021 Schedule of Fees
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5.

Labor Category I Level I I Level II I Level Ill
Senior Director 265 280 300
Director 210 225 240
Managing Associate 175 190 205
Senior Associate 150 160 170
Associate 105 125 135
Project Technicians 85 100 120
(a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates.
( c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs.

II. ESA Expenses
A. TravelExpenses

1. Transportation
a. Company vehicle - IRS mileage reimbursement rate
b. Common carrier or car rental - actual multiplied by 1.15

2. Lodging, meals and related travel expenses - direct expenses multiplied by 1.15 B. Communications and Project Support Fee
Non-travel expenses incurred for the duration of the agreement for project support but not itemized below, including document retention, delivery and communications. Project labor charges multiplied by 3%.
324
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�
C. Printing/Reproduction Rates
Item
Black & White - 8.5 x 11
Black & White - 11 x 17
Color -8.5 x 11
Color -11 x 17
B&W -Plotter (Toner -ECO Quality)
B&W - Plotter (Toner - Presentation
Quality)
Color -Plotter (Inkjet -ECO Quality)
Color -Plotter (Inkjet -Presentation
Quality)
CD
Digital Photography
All Other Items
(including bindings and covers)
D. Equipment Rates
ESA 2021 Schedule of Fees
Rate/Page Sample Pricing
$0.10
$0.20
$0.40
$0.70
$0.40/sf 24x36 B/W CAD drawing would
cost $2.40 per sheet
$1.00/sf 24x36 B/W CAD drawing would
cost $6.00 per sheet
$2.00/sf 24x36 Color Drawing would cost
$12 per sheet
$4.00/sf 24x36 Color Drawing would cost
$24 per sheet
$10.00
$20.00 (up to 50 images)
At cost plus 10%
Item Rate/Day Rate/Week Rate/Month
Project Specific Equipment:

Vehicles - Standard size $ 40a $ 180
Vehicles - 4x4 /Truck 85
Vehicles-ATV 125
Noise Meter 100
Hydroacoustic Noise Monitoring Equipment 150
Electrofisher 300 1,200
Sample Pump 25
Field Traps 40
Digital Hypsometer (Nikon) 20
Stilling Well / Coring Pipe (3 inch aluminum) 3/ft
Backpack Sprayer 25
360-Degree 4k Camera 30 120
Cam-Do Time-Lapse Camera 15 50 180
Beach Seine 50
Otter Trawl 100
Wildlife Acoustics Bat Detector 125 400
Wildlife Trail Camera 30 100
Fiber Optic Endoscope 125 500
Spot Light 30
Spotting Scope 50 200
Topographic/Bathymetric Survey Equipment:

Auto Level 40
Total Station 200 600
DJI Quad Drone 300 1,200
RTK-GPS 300 1,200
RTK-GPS Smartnet Subscription 50 200
Single-Beam Echoshounder 150 600
Trimble GPS GeoXT 75 350 900
iPad/Android Tablet+ 1 m GNSS External Sensor 75 350 900 (Trimble R1, Bad Elf) iPad/Android Tablet+ sub-meter Arrow 100/TDC 150 100 400 1,100 iPad/Android Tablet+ sub-foot Arrow Gold 200 800 2,800
2 Re'C"-�19-�21 325
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 rESA
�
ESA 2021 Schedule of Fees
Item Rate/Day Rate/Week Rate/Month
iPad/Android Tablet only 50 225 600 (includes Garmin Glo external sensor) Laser Level 60
Garmin GPS or equivalent 25 250
Hydrologic Data Collection, Water Current, Level and Wave Measurement Equipment:

ISCO 2150 Area Velocity Flow Logger $ 25 $ 100 $ 350
SonTek IQ-Plus Area Velocity Flow Logger 180 500 1600
Logging Rain Gage 10 40 125
Marsh-McBirney Hand-Held Current Meter 50 200
FloWav Surface Velocity Radar 50 200
RBR Virtuoso Wave Pressure Sensor 100 350
SOFAR Ocean Spotter Wave Buoy 30 120 450
Ocean Sensor Systems Sonic Wave Sensor 30 120 450
Logging Water Level - Pressure Transducer 10 30 100
Logging Barometric Pressure Logger 5 15 50
Well Probe / Water Level Meter 20 80
Bottom-Mounted Tripod / Mooring 25 100 400
Handheld Suspended Sediment Sampler 20 250
Water Quality Equipment:

Logging Turbidimeter/Water Level Recorder $ 25 $ 100 $ 400 Logging Conductivity/Water Level Recorder 20 60 200
In-Situ Troll 9500 logging water quality multiprobe 200 800 Logging Temperature Probe 3 10 40
Hach Hand-Held Turbidimeter Recording Conductivity Meter 50 200 w/Datalogger
Refractometer 20 80
YSI Hand-Held Salinity Meter or pH meter 30 120
Hand-Held Conductivity/Dissolved Oxygen Probe (YSI 85) 40 160 HOBO Salinity Gauge 125
HOBO DO/Temp Probe 125
In-Situ Aqua Troll 600 Water Quality Sonde 800
In-Situ VuSitu Telemetry System Hardware 40
YSI 650 with 6920 Multi Probe 180 500 1500
YSI ProDSS Multi Probe 180 500 1500
ISCO 6712 Portable Sampler w/lSCO 2105 Module 40 250 900 Sedimentation / Geotechnical Equipment:

Peat Corer $ 75 $ 300
60Ib Helly-Smith Bedload Sampler with Bridge Crane 175 700 Suspended Sediment Sampler with Bridge Crane 75 300
Guelph Permeameter 50 200
Vi bra-core 100 400
Muck Corer 50 200
Shear Strength Vane 50 200
Auger (brass core@$ 5/each) 20 80
Boats:
14' Aluminum Boats with 15 HP Outboard Motor $ 100 $ 400 Single or Double Person Canoe/Kayak 30 120
Small Watercraft Motor 20 100
20' Lowe Boat w/115 HP Outboard 300 1,500
[North River Boat - Ask Matt Silva for Specs and Price] 17' Boston Whaler w/ 90 HP Outboard 300 1,500
a Actual project charges will be either the IRS mileage reimbursement rate or the daily rate, whichever is higher. 3 326
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�
E. Cloud-based Services
ESA 2021 Schedule of Fees
Item Rate/Hour Rate/Day Rate/Week Rate/Month
Cloud-based Services
Nearmap High Resolution Images $50/image
ArcGIS Online Hosting (Web Maps/Apps) $200
Website Hosting $200
Custom Application & Services Hosting* $300*
Modeling (GeoHECRAS, TUFLOW, Delft3D) + Drone $7 $160 $950 $3,900 Processing
Aviation Environmental Design Tool (AEDT) Processing $13 $190 $1,120 $4,600 I *inclu
_
des support for database, SSL, IT support - costs vary by project. Contact software development services for firm pricing.

Ill. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1. 15.

IV. Other
The fees above do not include sales tax. Any applicable or potential sales tax will be charged when appropriate.

V. Payment Terms
Unless otherwise agreed in writing, ESA will submit invoices on a monthly basis. Any unpaid balances shall draw interest at one and one half percent ( 1.5%) per month or the highest rate allowed by law, whichever is lower, commencing thirty (30) days after date of invoice. All invoices not contested in writing within fifteen (15) business days ofreceipt are deemed accepted by Client as true and accurate and Client thereafter waives any objection to Clients invoices, which are payable in full.
4 327
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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.

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: Environmental Science Associates
Chris Jones, Principal Associate
By: _____________ _
C-050-2021 328
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EXHIBIT D

TRADE RESTRICTION CERTIFICATION
Trade Restriction Certification. By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror:
l . is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3. has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section l 00 l .

The Offeror/Consultant must provide immediate written notice to the Owner if the Offeror/Consultant learns that its certification or that of a Sub-Consultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The Consultant must require Sub-Consultant provide immediate written notice to the Consultant if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or Sub-Consultant:
a. who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or,
b. whose Sub-Consultant are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or, c. who incorporates in the public works project any product of a foreign country on such USTR list.

C-050-2021 329
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Consultant may rely on the certification of a prospective SubConsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Consultant or Sub-Consultant knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

Consultant: Environmental Science Associates
Chris Jones, Principal Associate
By________ :_____
C-050-2021 330
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4

EXHIBIT E

TAX DELINQUENCY AND FELONY CONVICTION CERTIFICATION
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark ( ✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications (Check one)
1) The applicant represents that it is Dis not D a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collel
tinJ the tax liability.
2) The applicant represents that it is is not Dis not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note:

If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Consultant: Environmental Science Associates
Chris Jones, Principal Associate
By________ :_____
C-050-2021 331
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EXHIBIT F

CERTIFICATION OF OFFERER/ BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

Consultant: Environmental Science Associates
Chris Jones, Principal Associate
By______ :______
C-050-2021 332
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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.

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: Environmental Science Associates
Michael Arnold, Senior Vice President
333
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EXHIBIT D

TRADE RESTRICTION CERTIFICATION
Trade Restriction Certification. By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror:
l . is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3. has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section l 00 l .

The Offeror/Consultant must provide immediate written notice to the Owner if the Offeror/Consultant learns that its certification or that of a Sub-Consultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The Consultant must require Sub-Consultant provide immediate written notice to the Consultant if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or Sub-Consultant:
a. who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or,
b. whose Sub-Consultant are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or, c. who incorporates in the public works project any product of a foreign country on such USTR list.
334
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Consultant may rely on the certification of a prospective SubConsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Consultant or Sub-Consultant knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

Consultant: Environmental Science Associates
Michael Arnold, Senior Vice President
335
DocuSign Envelope ID: 6C95A2BD-2E48-43D7-B12F-819EFDA287C4

EXHIBIT E

TAX DELINQUENCY AND FELONY CONVICTION CERTIFICATION
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark ( ✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications (Check one)
1) The applicant represents that it is Dis not D a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collel
tinJ the tax liability.
2) The applicant represents that it is is not Dis not a corporation that Note:
was convicted of a criminal violation under any Federal law within the preceding 24 months.

If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Consultant: Environmental Science Associates
Michael Arnold, Senior Vice President
336
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EXHIBIT F

CERTIFICATION OF OFFERER/ BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

Consultant: Environmental Science Associates
Michael Arnold, Senior Vice President
337
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AMENDMENT NO. 1 TO CONTRACT C- 050- 2021
DATED JUNE 1, 2021
BE1WEEN ENVIRONMENTAL SCIENCE ASSOCIATES ( ESA)
AND

CITY OF SOUTH LAKE TAHOE,

CALIFORNIA
The Airport Sponsor and the Airport Environmental Consultant agree to amend the 5-Year Airport Master Professional Services Agreement at the Lake Tahoe Airport, South Lake Tahoe, California to include fees to develop a rough order of magnitude cost estimate for environmental services for non- grant eligible capital improvement projects specified in Exhibit " A" of City Contract C- 050- 2021. Amendment No. 1, developing a rough order of magnitude, is included in the Scope of Work ? fCity Contract C- 050- 2021. The item covered by this amendment is described broadly as follows:

Amendment No. 1: Consultant to provide City with rough order of magnitude over the five- year master professional services contract period ending May 30, 2026 for anticipated environmental project costs. This rough order of magnitude will be utilized by the City for capital financial planning purposes. A focus will be on non- grant eligible work which includes TRP A, CEQA and other agency environmental review costs anticipated over the contract period. These are estimates and not a final negotiated fee schedule for the proposed work and should not be treated as such.

The Airport Sponsor agrees to pay the Consultant for the services listed in Exhibit A: Scope of Work in the following manner.

BASIC SERVICES
Develop Rough Order Magnitude Cost Estimate .................................................. Lump sum of$9,530. 00 TOTAL BASIC SERVICES .................................................................................... Lump sum of$9,530. 00 Method of payment shall be as follows:

Interim payments based on work performed by the Consultant and detailed in an invoice submitted to the Airport Sponsor with the request for payment.

For portions of this contract amendment that are defined by Fixed Lump Sum amounts, the Scope of \Vork delineates the schedule for services. Ifeither the schedule or scope of work changes then this contract amendment must be re- negotiated in accordance with Architectural, Engineering and Planning Consulting Services for Airport Grant Projects, FAA AC 150/ 5100- 14E, Change 1 ( or as amended).

C-066-2021 338
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE:

By~MJoseph Irvin, City Manager
Heather Stroud, City Attorney
ATTEST:

Susan Blankenship,
Attachments:

Exhibit A - Scope of Services
CONSULTANT: ENVIRONMENTAL SCIENCE

ASSOCIATES
By ______________ _
L>{lf-Cl.A
Michael Arnold, Senior Vice President
Business License # 008716
C-066-2021 339
Exhibit A:

Scope of Services
C-066-2021 340
r ESA
j
June 4, 2021
Mr. Mark Gibbs, A.A.E.

Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
2600 Capitol Avenue
Suite200
Sacramento, CA 95816
916. 564. 4500 phone
916. 564. 4501 fax
esassoc. com
Subject: Proposal to Prepare Rough Order ofMagnitude Cost Estimates for Projects at Lake Tahoe Airport Dear Mr. Gibbs:

Thank you for contacting ESA to submit a proposal for the first task under our on-call contract with Lake Tahoe Airport. Our scope ofservices is provided below, and our detailed cost estimate is attached.

Project Understanding
ESA will work with the Airport to prepare rough order ofmagnitude ( ROM) cost estimates for upcoming nongrant eligible capital projects subject to environmental review. It is understood that these cost estimates are for financial planning purposes only and the ultimate costs will be determined on a project-by-project basis. ESA will work with our team partners to provide the most accurate cost estimates possible.

Assumptions
For the purpose ofdeveloping this scope ofwork and the attached cost estimate, ESA has made general assumptions. These assumptions, limitations, and exceptions specific to certain tasks are noted in their respective sections ofthis scope ofwork.

Scope of Work
Task 1: Draft Cost Estimates
ESA will hold a conference call with Airport staffto discuss expectations for completing Task I. In preparing the ROM cost estimates, ESA will evaluate each project identified in the original Request for Qualifications ( RFQ) for this contract and prepare a ROM cost for successful completion ofeach project. Upon completion ofwork under this task, ESA will hold a conference call with Airport staffto review the draft ROM cost estimates.

Deliverable:

One(!) Excel workbook with accompanying memorandum detailing the ROM cost estimates and process. One I) conference call with Airport staffto discuss expectations in the preparation ofthe draft ROM costs estimates and one ( I) conference call to discuss the draft ROM cost estimates.

C-066-2021 341
I:. . JBARS
1969- 2019
Mr. Mark Gibbs, A.A.E.

June 4, 2021