Agenda packet — South Lake Tahoe City Council, March 14, 2023 (part 3 of 5)

Task 2: Final Cost Estimates
Based on feedback received from Airport staff, ESA will prepare final ROM cost estimates. Upon completion of work under this task, ESA will hold a conference call with Airport staffto review the final ROM cost estimates.

Deliverable:

One ( 1) final rough order ofmagnitude cost estimate Excel workbook with accompanying narrative memorandum. One ( 1) conference call with Airport staffto review the final cost estimates.

Task 3: Project Management
This task involves the administrative and managerial activities necessary for ESA to implement and oversee the ROM cost task. It includes coordination and management ofthe Project team, preparation ofinvoices and project progress reports, and project management plan preparation and updates.

Schedule
ESA understands the schedule is critical to obtain funding for the planned projects. Accordingly, ESA will apply the appropriate resources to move the cost estimate process forward as quickly as possible. ESA cannot be responsible for schedule delays caused by the City ofSouth Lake Tahoe or the Airport.

Budget
ESA estimates that the maximum cost to undertake the proposed scope ofwork described herein is $9,530 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 ofwork.

Thank you again for contacting ESA. Ifyou have any questions about our proposal or approach, please feel free to contact me at (916) 840-3043 or at cjones@esassoc. com.

Sincerely,
Chris Jones, AICP
Principal Associate
C-066-2021 342
Table 1: Cost Proposal
ESA Labor Detail and Expense Summary
Employee Names
J•m . Eryn . . .' Chris . Steven
Good .. Brennan·. Jones Smith
Labor Category Managing Managing
Director Ill Director II Associate Ill Associate II Subtotal Total Hours Labor Price Task# Task Name/ Description $ 240 $ 225 $ 205 $ 190

1.0 Draft Cost Estimate 4 4 12 10 $ 6,220 30.00 $ 6,220

2.0 Final Cost Estimate 1 2 2 $ 1,015 5.00 $ 1,015

3.0 Project Management 2 $ 410 2.00 $ 410
Total Hours 4 5 16 12 37 37
Total Labor Costs $ 960 $ 1,125 $ 3,280 $ 2,280 $ 7,645 $ 7,645 Percent of Effort - Labor Hours Only 10.8% 13.5% 43.2% 32.4% 100.0% 100.0% Percent of Effort - Total Proiect Cost 10.1% 11.8% 34.4% 23.9% 80.2% ESA Labor Cost $ 7,645
Labor Cost Communication Fee $ 229
ESA Non- Labor Expenses
Reimbursable Expenses $
ESA Equipment Usage $
Subtotal ESA Non- Labor Expenses $
Subconsultant Costs $ 1,656
PROJECT TOTAL $ 9,530
H: Z:\Projects\ 20211D202100181 . 00 - Lake Tahoe Airport 5-Year Environmental Services Contract\ 01 Project Management\ Scope and Fee\ 01 ROM Cost EstimatelROMCEs_ Cost_ Estimate_ 210604- ESA Labor Cost & C-066- Project2021 Total 343 CddddA
AMENDMENT NO. 2 TO CONTRACT C-050-2021
DATED JUNE 1, 2021

BETWEEN 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 act as the Airport Sponsor’s representative in outreach and coordination with TRPA on project slated for FY 2021 CEQA/ TRPA environmental compliance documentation specified in Exhibit “A” of City Contract C050-2021. The item covered by this amendment is described broadly as follows and is included in the Scope of Work of City Contract C-050-2021.

Amendment No. 2: Consultant to provide City with deliverables as defined in attached Scope of Work. Continued TRPA Coordination - 2020 Land Capability Map; TRPA Pre-Application Consultation Meeting Preparation and Participation – Preferred Airfield Alternative “ 2” Project; TRPA Pre-Application Consultation Meeting Preparation and Participation – Two-Phase Airport Master Plan Update; Project Management.

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

BASIC SERVICES
Support Initial Outreach and Coordination with TRPA...................................... Lump sum of $13,282.00 TOTAL BASIC SERVICES .................................................................................. Lump sum of $13,282.00 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 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).

C-054-2022
344
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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
By________________________________ By ________________________________ Joseph Irvin, City Manager Michael Arnold, Senior Vice President Business License # 008716
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By____________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Contract C-050-2021
C-054-2022
2022JosephMay 9, Irvin ( May 9, 2022 11:04 PDT)
May 9, 2022
Heather Stroud ( May 9, 2022 14:50 PDT) May 9, 2022
Sue Blankenship (May 9, 2022 14:52 PDT) May 9, 2022
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Exhibit A:

Scope of Services
346
2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc. com
April 19, 2022
Mr. Anush Nejad
Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
Subject: Proposal to Support Initial Outreach and Coordination with TRPA Dear Mr. Nejad:

We are pleased to submit a proposal for the second task under our on-call contract with Lake Tahoe Airport. Our scope of services is provided below, and our detailed cost estimate is attached.

Project Understanding
The Airport’ s Capital Improvement Plan (CIP) includes a range of airfield projects slated for California Environmental Quality Act (CEQA)/Tahoe Regional Planning Agency (TRPA)/ National Environmental Policy Act (NEPA) environmental clearance during fiscal year 2023 in advance of engineering and design in fiscal year 2024 and construction in fiscal year 2025. To ensure these projects are implemented efficiently, early outreach and coordination with TRPA and other resource management agencies should be implemented well in advance.

In addition, in 2020 the Airport submitted an updated Airport Land Capability Map to TRPA for review and approval. Approval of this map is important for continued progress on the CIP projects.

On December 6, 2021, Airport Manager, Mark Gibbs, submitted a Pre-Application Consultation Request to TRPA to seek guidance on the 2020 Airport Land Capability Map submission from March 2020, the Airport Master Plan Preferred Airfield Alternative “ 2” Project, and the two-phase Airport Master Plan Update planned for 2023. Subsequent contact with TRPA has provided us with further direction on how to proceed with initial coordination with TRPA for these projects. First, TRPA has determined that Pre-Application Consultation on the 2020 Land Capability Map is not required; however, further coordination with TRPA pending approval of the Land Capability Map is warranted. Second, TRPA has requested that a list of questions pertaining to permitting requirements for the Preferred Airfield Alternative “ 2” Project be submitted in advance of any meeting with TRPA. Finally, TRPA has requested that consultation on the Master Plan Update be initially coordinated with the Principal Planner at Long Range Planning.

Under this scope of work, the ESA Team will engage with TRPA to help ensure the Airport identifies and successfully navigates TRPA’ s requirements associated with the three projects identified in the Pre-Application Consultation Request.
347
Mr. Anush Nejad
April 19, 2022

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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: Continued TRPA Coordination – 2020 Land Capability Map In 2020, the Airport submitted an updated Land Capability Map to TRPA that reflected the land capability designations made by TRPA staff. The map is currently under review and will need to be verified by TRPA’ s contract soil scientist before permitting can be completed. Under this task, the ESA Team will continue coordination with TRPA on moving the map forward towards approval. This includes coordination with the TRPA planner in charge of the map permit and the TRPA’ s soil scientist. Topics to be discussed with TRPA on the 2020 Land Capability Map submission would include the land coverage implications and relocation/removal of land banked coverage owned by the Airport. In the event the map must be amended or changed subsequent to review by TRPA’ s soil scientist, an additional scope of work and cost estimate will be prepared and submitted to the City of South Lake Tahoe for approval.

Activities accomplished under this task would include:

Conference calls/virtual meetings with TRPA staff to discuss the Land Capability Map approval and relevance to overall land coverage moving forward.

Deliverable:

Facilitation of and participation in up to two (2) one-hour project coordination meetings with TRPA regarding the 2020 Land Capability Map.

Task 2: TRPA Pre-Application Consultation Meeting Preparation and Participation - Preferred Airfield Alternative “2” Project
Under this task, ESA team members and Airport staff would meet with TRPA in pre-application consultation to discuss and confirm agency requirements applicable to the Preferred Airfield Alternative “2” Project included in the consultation request submitted on December 6, 2022. TRPA has requested that in advance of this meeting, the ESA Team prepare a list of questions pertaining to the necessary permitting required for this project. The ESA Team will prepare this list of questions in consultation with the Airport, as well as other materials needed for a meeting with TRPA (e.g., maps, diagrams, project schedules, etc.) TRPA has indicated that pending receipt of the list of questions and successful response, a formal pre-application consultation meeting may not be necessary; however, the meeting is assumed for purposes of this scope of work.

Activities accomplished under this task would include:
348
Mr. Anush Nejad
April 19, 2022

Page 3 ends

Coordination with Airport staff in the preparation and submittal to TRPA of a list of specific questions relevant to the various project components.

Preparation of meeting materials such as maps and memoranda.

One (1) pre-application consultation meeting via conference call/virtual meeting format with TRPA to discuss the environmental permitting requirements.

Deliverables:

A list of questions pertaining to permitting requirements applicable to the various project components.

Preparation of meeting materials.

Facilitation of and participation in one (1) two-hour project coordination meeting with TRPA.

Task 3: TRPA Pre-Application Consultation Meeting Preparation and Participation – Two-Phase Airport Master Plan Update
Under this task, ESA team members and Airport staff will coordinate with TRPA Long Range Planning staff on the Two-Phase Airport Master Plan Update project. TRPA staff have indicated that a new Pre-Application Consultation Request application solely for this project may be required. This would be determined during coordination with TRPA staff. In the event a new application is required, the ESA Team would work with the Airport to complete and submit the application to TRPA.

Ideally, coordination with TRPA under this task would lay the groundwork for formation of a technical advisory committee (TAC) for Airport projects that can be called upon when necessary moving forward. The TAC could include representatives from TRPA, the Army Corps of Engineers, the U.S. Forest Service, the California Department of Fish and Wildlife, the Lahontan Regional Water Quality Control Board, the El Dorado County Office of Environmental Management, the City of South Lake Tahoe, and the FAA. This topic would be raised with TRPA staff as part of the discussions completed under this task. If TRPA agrees to formation of a TAC, an additional scope of work and cost estimate will be prepared and submitted to cover the additional work associated with this activity.

Activities accomplished under this task would include:

Coordination with TRPA Long Range Planning staff.

Preparation of a separate Pre-Application Consultation Request Two (2) pre-application consultation meetings via conference call/virtual meeting format with TRPA to discuss the environmental permitting requirements for the Two-Phase Master Plan Update project.

Deliverables:

Preparation of meeting materials.

Facilitation of and participation in up to two (2) one-hour project coordination meetings with TRPA. 349
Mr. Anush Nejad
April 19, 2022

Page 4 ends

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. Itincludes coordination and management of the Project team, preparation of invoices, and project progress reports.

Schedule
ESA understands the schedule is critical for meeting all the regulatory requirements applicable to the planned projects. Accordingly, ESA will apply the appropriate resources to ensure that the tasks described in this scope of work are undertaken as soon as possible. ESA cannot be responsible for schedule delays caused by TRPA, the City of South Lake Tahoe, or the Airport.

Budget
ESA estimates that the maximum cost to undertake the proposed scope of work described herein is $13,282 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
350
351
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AMENDMENT NO. 3 TO CONTRACT C-050-2021
DATED JUNE 1, 2021

BETWEEN ENVIRONMENTAL SCIENCE ASSOCIATES (ESA)
AND

CITY OF SOUTH LAKE TAHOE,

Amendment No. 3: Conduct Bird Surveys in Support of the Small Tree Obstruction Removal Project.

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

BASIC SERVICES
Conduct Bird Surveys………………………………….................................... Lump sum of $27,164.00 TOTAL BASIC SERVICES .................................................................................. Lump sum of $27,164.00 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.

C-096-2022
352
CddddA
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

By____________________________
Heather Stroud, City Attorney
ATTEST:

By____________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Contract C-050-2021
C-096-2022
Jun 14, 2022
Heather Stroud ( Jun 16, 2022 11:15 PDT)
Jun 16, 2022
Joseph Irvin ( Jun 16, 2022 11:29 PDT)
Jun 16, 2022
Sue Blankenship ( Jun 16, 2022 12:09 PDT)
Jun 16, 2022
353
CddddA
Exhibit A:

Scope of Services
354
2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc. com
June 14, 2022
Mr. Anush Nejad
Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
Subject: Proposal to Conduct Bird Surveys in Support of the Small Tree Obstruction Removal Project Dear Mr. Nejad:

We are pleased to submit a proposal for conducting bird surveys in support of the ongoing Small Tree Obstruction Removal Project at Lake Tahoe Airport (TVL or Airport). Our scope of services is provided below, and our detailed cost estimate is attached.

Project Understanding
The Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the 2017 Lake Tahoe Master Plan identified two mitigation measures, BIO-1 and BIO-2, to address potential impacts associated with the Master Plan projects. BIO-1 addresses nesting bird surveys and BIO-2 addresses special status species plant surveys. To date no special status plant species have been identified at the Airport. Accordingly, the focus of this scope of work is on nesting bird surveys and permitting. The BIO-1 mitigation measure is as follows:

BIO-1: Conduct nesting bird surveys. For construction activities outside of currently developed areas and that would include ground disturbance or vegetation removal that occurs between March 1 and August 31, preconstruction nesting bird surveys shall be conducted by a qualified biologist familiar with bird behavior and knowledge of nest types prior to and within 14 days of any initial ground-disturbance activities. Surveys shall be conducted on foot within all suitable nesting habitat within 250 feet for passerines and 500 feet for raptors, to the extent feasible. If active nests are identified at the time of the survey a minimum 50-foot radius exclusion zone for passerines shall be established and flagged. Active raptor or special-status species nests shall be protected by a buffer with a minimum radius of 250 feet. These distances may be adjusted depending on the level of surrounding ambient activity ( i.e., if the project site is adjacent to a road or community development) and if an obstruction is within line-of-sight between the nest and construction. For bird species that are federally and/or State-listed special-status species ( i.e., fully protected, endangered, threatened, species of special concern), the City of South Lake Tahoe shall consult with the USFWS and/or CDFW regarding modifying nest buffers, prohibiting construction within the buffer, modifying construction, and removing or relocating active nests that are found on the site. Each exclusion zone will remain inplace until the nest has successfully fledged or is otherwise inactive as determined by a qualified biologist. The following are conditions of this mitigation:
355
Mr. Anush Nejad
June 14, 2022

Page 2 ends

Survey results are valid for 14 days from the survey date. Should ground disturbance commence later than 14 days from the survey date, surveys will be repeated. If no nesting birds are encountered, then work may proceed as planned.

After commencement of work ifthere is a period of no work activity of 14 days or longer during the bird breeding season (March 1 to August 31), surveys will be repeated to ensure birds have not established nests duringinactivity. If new nests are encountered buffers shall be established.

Any birds that begin nesting within the project site and survey buffers amid construction activities shall be assumed to be habituated to construction-related or similar noise and disturbance levels and minimum work exclusion zones of 25-feet shall be established around active nests in these cases.

Removal of small (less than 14” diameter breast height) trees from the airport property, including the Runway Obstacle Free Area (ROFA), is an ongoing project at the Airport. As this activity involves removal of vegetation, bird surveys must be completed on an annual basis in compliance with the mitigation measures identified in the 2017 Lake Tahoe Airport Master Plan IS/MND. In addition, the current tree removal permit issued by the Tahoe Regional Planning Agency (TRPA) will expire on July 15, 2022. The permit will need to be extended to allow for tree removal to continue. Under this scope of work, the ESA Team will conduct the necessary surveys and engage with TRPA to ensure extension of the Airport’ s small tree removal permit.

Scope of Work
Task 1: Biological Assessment
A biological assessment is a document that evaluates a projects impact on the biological resources within a designated project area for a particular wildlife activity season. The timing of the biological assessment is normally completed during the project approval process.

The conclusions and recommendations/mitigation measures in the assessment are based upon data gathering through databases and field work.

The CNDDB and the U.S. Fish and Wildlife Services (USFWS) iPaC databases will be utilized to determine the presence of specific species and habitats that occur within the project area that should be identified in the assessment. Based upon the information provided by these databases, field work would be identified that may need to be conducted.
356
Mr. Anush Nejad
June 14, 2022

Page 3 ends

Deliverable:

A Biological Assessment detailing the results of the analysis.

Task 2: Willow Flycatcher Protocol Survey
Portions of the project are adjacent to the Upper Truckee River, adjacent meadow, and willow habitat along the airport fence line. Willow flycatchers are small migratory passerines that historically nested throughout California where the species’ primary habitat, riparian willow thickets, occurred. In the Sierra Nevada, willow flycatchers were historically described as locally abundant along willow lined streams and meadows, especially in broad river bottomlands such as the Upper Truckee River in the Lake Tahoe Basin. They are considered endangered by the State of California.

The USFWS has designed a protocol to provide a standardized survey technique to detect willow flycatchers and provide consistent and standardized data reporting. The objectives of the protocol are to determine the status presence or probable absence) of willow flycatchers at a given site and to provide an estimate of the number of singing willow flycatchers at a survey site during the year in which surveys are completed. The survey protocol requires a minimum of two separate surveys in one year at each site:
one during Survey Period 2 (June 15-25) and one during either Survey Period 1 (June 1-14), or Survey Period 3 June 26-July 15) to document the presence or absence of willow flycatchers in the survey year.

The ESA team is proposing to conduct the site visits for Survey Periods 1 and 2. Per the protocol, all surveys are to be completed by 10:00 a.m. Due to this time constraint, each survey period will require two ( 2) days of surveys, one ( 1) day for the area on the east side of the airport and one ( 1) day for the area north of the airport. A one ( 1) day pre- survey period is designated as a reconnaissance day for purposes of identifying and locating survey points. In total, five ( 5) days will be spent in their field.

A preliminary map will be prepared upon which the approximate locations of the meadow/ willow riparian edge and all survey points will be delineated. At each site, observers will broadcast recorded willow flycatcher songs, look, and listen for responses, and record willow flycatcher locations for 6 minutes at each survey point spaced 50/ 30 meters apart. While in the field, a willow flycatcher survey form will be completed and the location of any flycatchers detected will be marked on a U.S. Geological Survey ( USGS) topographic map. The location of each sighting will also be added to an aerial photograph or a sketch of the site will be prepared. If and when willow flycatcher territory is confirmed, the ESA team will notify the California Department of Fish and Wildlife CDF& W) and the agency governing the site where the bird was located. 357
Mr. Anush Nejad
June 14, 2022

Page 4 ends

Deliverable:

A Flycatcher Survey Report detailing the results of the field surveys.

Task 3: Migratory Bird Survey
Migratory birds are protected and managed under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.) and Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds (2001).

Specific provisions in the statute include the establishment of a federal prohibition, unless permitted by regulation, to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention...for the protection of migratory birds or any part, nest, or egg of any such bird." Because forestlands provide a substantial portion of breeding habitat, land management activities within undeveloped forest habitats can have an impact on local populations.

Breeding normally occurs from April 1st to August 31st. This period may fluctuate based on environmental factors that may initiate prior to or after these dates. Pre-project clearance surveys are conducted within 14 days of commencing the project to ensure no impacts to migratory birds. Nesting birds are found by following serpentine transects in the project area. If nesting birds are found, an appropriate species-specific buffer will be set around the nest to exclude activity. For purposes of this scope of work, itis assumed that four (4) one day long migratory bird surveys will need to be conducted. If additional surveys are determined to be necessary, they can be added under a separate scope of work and cost estimate.

Deliverable:

A letter report will be provided upon completion of each survey. The findings are applicable for 14 days.

Task 4: TRPA Tahoe Basin Tree Removal Permit
TRPA issues permits for removal of trees within the Tahoe Basin. The Airport last secured a permit for tree removal in July 2019. The permits are valid for a three-year period. The current permit will expire on July 15, 2022. The ESA team will assist the Airport in securing a new permit for tree removal.

Deliverable:

TRPA Tahoe Basin Tree Removal Permit application; Tahoe Basin Tree Removal Permit. 358
Mr. Anush Nejad
June 14, 2022

Page 5 ends

Task 5: Project Management
This task involves the administrative and managerial activities necessary for ESA to implement and oversee the other tasks included in this proposal. Itincludes coordination and management of the ESA team, preparation of invoices, and project progress reports.

Schedule
ESA understands the schedule is critical for completing the required surveys per the established protocol time frames. Accordingly, ESA will apply the appropriate resources to ensure that the tasks described in this scope of work are undertaken as soon as possible. ESA cannot be responsible for schedule delays caused by TRPA, the City of South Lake Tahoe, or the Airport.

Budget
ESA estimates that the maximum cost to undertake the proposed scope of work described herein is $27,164 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
359
360
C-124- 2022
AMENDMENT NO. 4 TOCONTRACTC-050-2021 DATED JUNE 1, 2021

BETWEEN ENVIRONMENTAL SCIENCE ASSOCIATES (ESA)
AND

CITY OF SOUTH LAKE TAHOE, CALIFORNIA
C-124-2022
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:

Amendment No. 4: Migratory Bird and noxious Weed Surveys.

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 $3,098 TOTAL BASIC SERVICES .................................................................................... Lump sum of $3,098 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.

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 By___________________________ By ________________________________ Joseph Irvin, City Manager Michael Arnold, Senior Vice President Business License # 008716
APPROVED AS TO FORM: ATTEST
By____________________________ By___________________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk Attachments: Exhibit A – Scope of Services
Exhibit B – Contract C-050- 2021
Jul 29, 2022
Heather Stroud (Aug 3, 2022 11:55 PDT)
Aug 3, 2022
Joseph Irvin ( Aug 3, 2022 21:35 PDT)
Aug 3, 2022
Sue Blankenship ( Aug 4, 2022 08:51 PDT)
Aug 4, 2022
361
cc-ccddddA
Exhibit A:

Scope of Services
362
2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc. com
July 22, 2022
Mr. Anush Nejad
Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
Subject: Proposal to Conduct Bird and Noxious Weed Surveys in Support of Annual Mowing Dear Mr. Nejad:

We are pleased to submit a proposal for conducting bird and noxious weed surveys in support of annual mowing activity at Lake Tahoe Airport (TVL or Airport). Our scope of services is provided below, and our detailed cost estimate is attached.

Project Understanding
The Airport’s Wildlife Hazard Management Plan includes mitigation in the form of annual mowing at the Airport to help reduce wildlife hazards. Annual mowing activities are scheduled to commence on August 1, 2022. In advance of the annual mowing activity, the Airport is required to conduct migratory bird surveys of the area to be treated. Under this scope of work, the ESA Team will conduct the necessary survey to allow for annual mowing activity to commence.

Scope of Work
Task 1: Migratory Bird and Noxious Weed Surveys
Migratory birds are protected and managed under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.) and Executive Order 13186. Specific provisions in the statute include the establishment of a federal prohibition, unless permitted by regulation, to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention...for the protection of migratory birds or any part, nest, or egg of any such bird." 363
Mr. Anush Nejad
July 22, 2022

Page 2 ends

Breeding normally occurs from April 1st to August 31st. This period may fluctuate based on environmental factors that may initiate prior to or after these dates. Pre-project clearance surveys are conducted within 7 days of commencing the project to ensure no impacts to migratory birds. Nesting birds are found by following serpentine transects in the project area. If nesting birds are found, an appropriate species-specific buffer will be set around the nest to exclude activity. For purposes of this scope of work, itis assumed a onetime site visit to conduct the migratory bird survey will be required prior to the mowing activity. If additional surveys are determined to be necessary, they can be added under a separate scope of work and cost estimate.

Simultaneously with the migratory bird survey, noxious weeds will be identified. Locations of individuals/groups of noxious weeds will be identified with an orange pin flag. The noxious weed should be removed prior to mowing to prevent the dispersal of the weed fragments. The most common noxious weed that has been found on the airport has been the yellow star thistle.

Deliverable:

A letter report will be provided upon completion of the surveys. The findings are applicable for 14 days.

Task 2: Project Management
This task involves the administrative and managerial activities necessary for ESA to implement and oversee the other task included in this proposal. Itincludes coordination and management of the ESA team, preparation of invoices, and project progress reports.

Budget
ESA estimates that the maximum cost to undertake the proposed scope of work described herein is $3,098 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.
364
Mr. Anush Nejad
July 22, 2022

Page 3 ends

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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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 17
Agenda Item: Amendment 3 to Professional Services Agreement with Jviation for Pavement Maintenance Management Plan (PMMP) Grant 47 and Grant Acceptance Executive Summary: On September 7, 2021, City Council approved submittal of a Grant Application to Federal Aviation Administration (FAA) in support of an update to the Pavement Maintenance Management Plan study. The Airport was awarded the grant in an amount up to $150,000. This grant will help Lake Tahoe Airport complete the PMMP project at 90% of the total cost. This program is vital because of local weather conditions that deteriorate the pavement around the Airport and the City.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Airport Manager to accept FAA Grant 47 in the amount of up to $150,000 and appropriating funding for the project, which includes Federal Aviation Administration, City, and State matching funds, and authorizing and directing the Mayor to execute Amendment 3 with Jviation for Pavement Maintenance Management Plan, with a not-to-exceed amount of $140,558.

CEQA Determination: This project has previously obtained a CEQA Categorical Exclusion under 14 CCR §15262, “Feasibility & Planning Study” and a NEPA Categorical Exemption under 307o. “Approving AIP funding for a request to issue a planning grant that does not commit the FAA to a project.”
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, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report-Amendment 3 to PSA with Jviation.docx
02-Resolution FAA Grant 47 Acceptance .docx
03-Contract_Amendment_3_Jviation.pdf
04-Res_2022-119_Caltrans_AIP_Matching_Grant.pdf
05 -C-103-2022_JVIATION.pdf
06-FAA_Grant_Award_Letter.pdf
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City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: Amendment 3 to Professional Services Agreement with Jviation for Pavement Maintenance Management Plan (PMMP) Grant 47 and Grant Acceptance
Location: South Lake Tahoe Airport
Responsible Staff Member: John Dickinson, Airport Manager (530) 307-2652 Background: On September 2, 2015, the City of South Lake Tahoe accepted Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant #3-06-0249-038- 2015 to Update a Pavement Maintenance Management Plan Study. The engineering site survey supporting the 2015-2017 Airport Pavement Maintenance Plan is now over five years old. The Lake Tahoe region has significant freeze-thaw cycles that accelerate pavement deterioration requiring continual reevaluation of pavement conditions city-wide. The City of South Lake Tahoe, as Airport Sponsor, has contractually agreed as a condition for accepting Airport Improvement Program Grants to maintain an airport pavement maintenance management program in compliance with Federal Airport Sponsor Grant Assurances.

Source: 2020 Federal Aviation Administration Airport Sponsor Grant Assurances In consultation with the Federal Aviation Administration (FAA) and Airport Engineer, Jviation, Inc., the Airport Manager recommended an updated analysis of the airport’s pavements to support cost- effective pavement maintenance. One goal is to make sound engineering recommendations to extend the engineered lifecycle of pavements to the greatest extent practicable.

On September 7, 2021, City Council approved submittal of a Grant Application to FAA in support of an update to the Pavement Maintenance Management Plan Study. FAA has approved 90% of the project cost and up to $150,000 to support this study. Staff is recommending accepting the Grant and appropriating the matching funding from the available Cash Balance of the Airport Enterprise fund.
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Staff is also recommending approval of a contract amendment for Jviation in the amount of $140,558.00 to complete this project. On February 1, 2022, the City Council awarded a 5-Year Master Professional Service contract to Jviation, a Woolpert Company of Dayton, Ohio for Airport Architectural, Engineering, Construction Management, & Airport DBE Compliance Support Services ending May August 15, 2027. This would be the third contract amendment under that Master Agreement. The Master Professional Services contract award followed a competitive bidding process in accordance with the City of South Lake Tahoe and FAA procurement policies.

Issue and Discussion: The Federal Aviation Administration under Title 49 § 47171, et seq. allows for general aviation airports to appropriate 90% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute 10% match from a combination of state or local sources. On September 20th, 2022 City Council passed a resolution to accept and appropriate funding from the Caltrans matching grant in the amount of $6550.00 and $8006.00 from the City, which would come from the General Fund Undesignated Reserve Grant Match. Staff recommends appropriating the match amount from the Airport’s available fund balance instead of the General Fund Reserve to fund the required match.

Financial Implications: Upon acceptance of FAA grant, authorize Finance Director to appropriate budget in account# 501 80035 as follows:
2022 AIP Grant: Lake Tahoe Airport Pavement Maintenance Management Plan Update  Revenue:
o 90% FAA Grant up to the approved $150,000.00 to line item 33112 “FAA (Federal Aviation)”
o 4.5% Caltrans AIP Matching Grant Participation: up to $6,550.00 (as originally estimated and approved) to line item 33214 “State Department of Aeronautics”
o 5.5% City Grant Match up to $8,006.00 (as originally approved) as a reduction to available Airport fund balance.
 Expense:
o Up to the total approved and available funding: $164,556.00 to line item 48010 Engineering Study/Design
Actual revenue and expenditures will be based on the actual project cost.

Environmental Considerations: This project has previously obtained a CEQA Categorical Exclusion under 14 CCR §15262, “Feasibility & Planning Study” and a NEPA Categorical Exemption under 307o. “Approving AIP funding for a request to issue a planning grant that does not commit the FAA to a project”. As this project is a planning study there are no other environmental implications associated with the project regarding discretionary approval by the City Council. The Airport Pavement Maintenance Management Plan will assess the current condition of existing airport pavements and make recommendations for possible future actions which does not involve any City Council action that either funds, or approves any recommendations made in the study.
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Policy Implications: Maintaining a current airport pavement maintenance plan is an Airport Sponsor Grant Assurance condition for accepting Federal funding for the construction, rehabilitation or reconstruction of airport pavements.In order to maintain eligibility for future FAA funding for pavements, the airport updates its plan based on a 5-year cycle or as conditions warrant. The cycle is determined by geographic and environmental considerations. Pavements in Lake Tahoe are subject to an environment with significant freeze/thaw cycles accelerating pavement deterioration. 370
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
Authorizing the Airport Manager to Accept AIP Grant 47 for Lake Tahoe Airport and Appropriate up to $150,000.00 into Fiscal Year 2022/23 Budget A. On September 7, 2021, City Council approved submittal of a Grant Application to Federal Aviation Administration (FAA) in support of an update to the Pavement Maintenance Management Plan study.

B. The FAA under Title 49 § 47171, et seq. allows for general aviation airports to appropriate 90% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute 10% match from a combination of state or local sources; and
C. FAA has approved the maximum obligation payable of $150,000.00.

D. The Airport Manager requests authority to accept AIP Grant 47 of up to $150,000.00 and approve a contract amendment with Jviation in the amount of $140,558 under the 5-year Master Professional Services Contract awarded on February 1, 2022.

E. City Council approved the matching grant from Caltrans on September 20, 2022 and appropriated $14,556.00 for the City’s and Caltrans matching portion.

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

1. Authorizes the Airport Manager to accept FAA Grant 47 of up to $150,000.00. 2 Authorizes the Finance Director to appropriate $150,000 into acct# 501-80035- 33112 FAA and -48010 Engineering Study/Design.
3 Approves allocation of up to $8,006.00 in the required City match from the available Airport Cash Balance instead of General Fund Undesignated Excess Reserves. 4 Authorizes the Mayor to execute Contract Amendment 3 with Jviation for Pavement Maintenance Management Plan, with a not to exceed amount of $140,558.

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

Yes:

No:

Abstain:

Absent:
________________________ Date: _________
Cristi Creegan, Mayor
Attest:
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________________________
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.
372
City of South Lake Tahoe
Amendment No. 3 to Airport Master Professional Services Agreement with Jviation (C-103-2022)
The Professional Services Agreement entered into on June 21, 2022, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Jviation, A Woolpert Company (“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 June 21, 2022 and the First Amendment to the Professional Services Agreement dated October 18, 2022, and the Second Amendment to the Professional Services Agreement dated December 27, 2022, this Third Amendment to the Professional Services Agreement adds the work described within Exhibit A, Scope of Services attached hereto and incorporated herein by reference.

2. Compensation. Compensation to be paid to the CONSULTANT, is $140,558.00, 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 $140,558.00, without written authorization from the CITY. Payment by the CITY under this Agreementshall 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. 3 to Professional Services Agreement with Jviation to be executed on ______________, 2023.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By:____________________________ Cristi Creegan, Mayor Jim Miklas
Planning Manager Business
License # 011275
APPROVED AS TO FORM: ATTEST:
______________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk Exhibit A: Scope of Services

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373
EXHIBIT A:

SCOPE OF SERVICES
374
City of South Lake Tahoe, California
March 21, 2022
Mr. Reginald Dones, P.E.

San Francisco Airports District Office
2999 Oak Road
Walnut Creek, CA 94597
RE: RECOMMENDATION TO ACCEPT JVIATION, INC. ENGINEERING, DESGIN & PROFESSIONAL SERVICES SCOPE OF WORK AND FEE SCHEDULE-AIP 3-06-0269-0XX-2022, Pavement Maintenance Management Plan & Runway Safety Area Determination
Dear Mr. Dones:

An independent fee analysis was performed and a record of negotiation on the FY22, Pavement Maintenance Management Plan & Runway Safety Area Determination (FAA AIP# 3-06-0269-0XX-2022) project in accordance with FAA AC 150/5100-14E, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.

The airport used a third-party engineering firm who specializes in airport fee estimate work as the City does not possess the requisite in-house capabilities to perform an independent fee estimate (IFE). The airport found through undertaking an independent fee analysis that Jviation, Inc. services are priced reasonably. The scope of work for Jviation was broken into two parts. Part A-Basic Services included; 1) Preliminary Design Phase, 2) Pavement Maintenance Management Plan Development Phase, 3) Runway Safety Area Determination Phase and Reimbursable Costs During Design. Additional services that will be completed by subconsultants to the Engineer, including the proposed topographical survey will also be included under Part A-Basic Services.

The difference between the IFE performed by Rood & Associates and Jviation was -9.9% which is within the 10% estimate difference considered “reasonable” in the FAA Advisory Circular AC 150/5100-14E. The Consultant costs being less than those determined by the IFE Consultant. Jviation, Inc. had a lower estimated price of $140,588.00 to complete this study.

Enclosed with this letter is the IFE estimate completed by Rood & Associates for professional engineering and project management services for FY22, Pavement Maintenance Management Plan & Runway Safety Area Determination. If you have any questions or concerns regarding the record of negotiation process, please feel free to contact me and discuss.

Yours Truly,
Mark Gibbs, A.A.E.

Airport Manager
Tel: (530) 542-6182
[email protected]
cc: Mr. Anush Nejad (City Public Works); Kirk Nielsen (Jviation), Jon Noble (Jviation) Enclosure: Jviation, Inc. Scope of Work, Rood & Associates IFE, Jviation Fee Proposal 375
City of South Lake Tahoe, California
RE: RECORD OF NEGOTIATIONS ENGINEERING PROFESSIONAL SERVICES: PAVEMENT

MAINTENANCE MANAGEMENT PLAN & RUNWAY SAFETY AREA DETERMINATION (AIP# 3-06-0269-0XX-2022)
a. The consulting engineering, construction management and environmental services firm Jviation, Inc. was selected on February 1, 2022 by South Lake Tahoe City Council Motion (City Contract C-015-2022). From two Consultants who submitted their qualifications Jviation, Inc. was selected to provide professional engineering, design and construction management services for a five-year period ending on August 16, 2027. A scope of work was prepared for FY 22 Pavement Maintenance Management Plan & Runway Safety Area Determination. The Independent Fee Estimate was prepared by Rood & Associates, Inc. in accordance with non-competitive procedures, Section 2.9.3 of Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.
b. A predesign teleconference meeting was held on November 3th, 2021 between, Jviation staff, Reginald Dones, P.E. project manager at the SFO ADO. The predesign conference established a baseline for expectations and timeline used for programming the project scope of work.
c. A scope of work was drafted by Jviation on February 21, 2022 and submitted to the Sponsor Airport Manager for review/comment. The Airport Manager found no need to modify the Scope of Work provided.
d. The Scope of Work was submitted to Rood & Associates for an IFE on Scope of Work for Jviation, a Woolpert Company on February 11, 2022. The proposal for IFE services was provided to the airport on February 16, 2022 in the amount of $3,000. The airport agreed to contract with Rood & Associates to perform an IFE for design and engineering services based on the scope of work provided by Jviation, a Woolpert Company.
e. An IFE for the scope of work was provided to the Airport Manager on March 1, 2022. The Airport Manager then requested that Jviation create their fee proposal received the fee proposal on March 1, 2022 after an IFE was in hand.

Jviation provided an IFE on March 21, 2022. Jviation engineering fee estimate was proposed at $140,558.00. The IFE performed by Rood & Associates indicated that Pavement Maintenance Management Plan engineering fees should cost $154,519.30. The Engineer’s Estimate had a difference in price of 376
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$13,961 or -9.9% of IFE estimate. Rood & Associates and Jviation estimates were within the 10% estimate difference considered “reasonable” in the FAA Advisory Circular AC 150/5100-14E. Jviation, Inc. had a lower estimated price when compared with Rood & Associates. According to FAA AC 5100-14E, Chapter 2, Para. 2.12, Section 2.13.3: “When evaluating the reasonableness of a consultant’s fee proposal, a general review standard used within the FAA and industry is whether the total fee proposal, as well as individual tasks within the proposal, is within 10% of the IFE.” No need for further negotiation was necessary.
f. The final fee proposal submitted by Jviation, Inc. is considered reasonable by the Airport Sponsor. A contract will be prepared for the agreement between the sponsor and consultant. The scope of work, draft contract, sponsor's independent cost estimate, consultant's fee proposal and detailed cost analysis are attached to this record of negotiation and hereby submitted to the FAA ADO for a reasonableness of cost determination.
g. The negotiations were conducted in good faith to ensure the fees are fair and reasonable. The procedures outlined in AC 150/5100-14E have been followed. 377
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SCOPE OF WORK
FOR

LAKE TAHOE AIRPORT
South Lake Tahoe, California
AIP Project No. 3-06-0249-XXX-2022
Pavement Maintenance Management Plan
This is an Appendix attached to, made a part of and incorporated by reference with the Consulting Contract dated August 17, 2017 between the City of South Lake Tahoe and Jviation, a Woolpert Company for providing professional services. For the remainder of this scope the Lake Tahoe Airport is indicated as “Sponsor” and Jviation, a Woolpert Company is indicated as “Engineer.” This project shall consist of developing an Airport Pavement Maintenance Management Plan and Runway Safety Area Determination for the Pavement Maintenance Management Plan Project. This scope of work is for the consulting services provided by the Engineer for the Sponsor. See Exhibit No. 1 below for the project location.

EXHIBIT NO. 1

DESCRIPTION
This project will consist of conducting a detailed assessment of all airfield pavements at the Lake Tahoe Airport, which is comprised of approximately 150,000 square yards of runway pavement, 79,000 square yards of taxiway pavement, and 107,000 square yards of apron pavement, for a total of approximately 336,000 square yards of airfield pavement. The detailed pavement assessment shall include performing 378
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a visual evaluation of surface distresses, providing analysis and information on expected pavement life of existing pavements and the extended life for different overlay or reconstruction conditions, and the development of an updated airport pavement maintenance management plan/program. The goal of the plan will be to provide a consistent, objective, and systematic procedure for establishing facility policies, setting priorities and schedules, allocating resources, and budgeting for pavement maintenance and rehabilitation at the Lake Tahoe Airport.

This project shall also include performing an assessment of the Runway Safety Area (RSA) of Runway 18/36 and preparing and submitting a Runway Safety Area Determination (RSAD) and supporting documentation, as required by FAA Office of Airports (ARP) Standard Operating Procedure (SOP) No. 8, Runway Safety Area Determination; FAA Order 5200.8, Runway Safety Area Program; and FAA Order 5200.9, Financial Feasibility and Equivalency of Runway Safety Area Improvements and Engineered Materials Arresting Systems.

The engineering fees for this project will consist of Part A-Basic Services, which includes; 1) Preliminary Design Phase, 2) Pavement Maintenance Management Plan Development Phase, 3) Runway Safety Area Determination Phase, and Reimbursable Costs During Design. Additional services that will be completed by subconsultants to the Engineer, including the proposed topographical survey will also be included under Part A-Basic Services. Part A and the three phases are described in more detail below.

PART A - BASIC SERVICES consists of the Preliminary Design Phase, Pavement Maintenance Management Plan Development Phase, and Runway Safety Area Determination Phase, all invoiced on a lump sum basis.

Also included are direct subcontract costs for the proposed topographical survey.

1.0 Preliminary Design Phase

1.01 Coordinate and Attend Meetings with the Sponsor and FAA. Meetings with the Sponsor and the FAA will take place to determine critical project dates, establish the proposed design schedule and AIP development schedule, review environmental component(s), determine the feasibility of the proposed project and to establish the need for topographical surveying and pavement investigation. Various meetings during the design phase will also be conducted to review the progress of the design and identify any special requirements for the project. It is anticipated that there will be up to four (4) meetings with the Sponsor and/or the FAA throughout the course of the design.

1.02 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work through meetings outlined above. Fees will be negotiated with the Sponsor and may be subject to an independent fee estimate conducted by a third party hired by the Sponsor. This task also includes drafting the contract for the work to be completed by the Engineer for the Sponsor once negotiations are complete.

1.03 Provide Project Coordination. The Engineer shall provide project management and coordination services to ensure the completion of the project. These duties include:
 Time the Engineer spends planning, organizing, securing and scheduling resources, and providing instruction to staff to meet project objectives as defined in the approved scope of work.
 The Engineer will analyze the budget semi-monthly to ensure budget and staffing needs are on track to meet design schedules within budget.
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 Additional items to be accomplished include compiling and sending additional information requested from the office to related parties, maintaining project files as necessary and other items necessary in day-to-day project coordination.
 The Engineer will prepare and submit monthly invoicing.

The Engineer will complete the following tasks:
 Provide the Sponsor with a monthly Project Status Report (PSR), in writing, reporting on Engineer’s progress and any problems that may arise while performing the work. The PSR must include an update of the project schedule, as described in this section, when schedule changes are expected.
 Submit for acceptance and maintain, a design schedule detailing the scheduled performance of the work.
 Create and maintain a Quality Control Checklist (QCC) for the project. The QCC shall include personnel, project milestone checking and peer review procedures at each phase of the project.

1.04 Review Existing Documents. The Engineer will gather and review existing available documentation that may be relevant to the project, including, but not limited to, record drawings (as-builts), pavement maintenance plans, geotechnical reports, design reports, final reports, utility reports/maps and previous surveys. The Engineer may use relevant information from this review to coordinate the development of the plan and topographical survey for the project.

1.05 Coordinate Topographical Survey. This task includes preparing the requirements, establishing the limits of the survey area, and scheduling a time for the survey to be completed. Negotiating with the survey firm for a cost to perform the work and providing an on-site representative of the Engineer during the survey is also included in this task. During design, the need may arise to verify other existing survey information or to extend the limits of the survey. The survey will include the following:
 Survey the existing locations and elevations for the runway and taxiways (25-foot grid).  Utilize Primary Airport Control and Secondary Airport Control.  Other miscellaneous features required for the Runway Safety Area Determination.

1.06 Prepare Federal Grant Application. This task consists of preparing the federal grant application. The application will be submitted during the initial portion of the project. Preparation of the application includes the following:
 Prepare Federal 424 form.
 Prepare Federal Form 5100 – II thru IV.
 Prepare project funding summary.
 Prepare program narrative, discussing the purpose and need of the work and the method of accomplishment.
 Project sketch (8.5” x 11”).
 Include preliminary cost estimate.
 Include the Sponsor’s certifications.
 Attach the current grant assurances.
 Include DOT Title VI assurances.
 Include certification for contract, grants and cooperative agreements.  Include Title VI pre-award checklist.
 Include current FAA advisory circulars required for use in AIP funded projects. 380
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The Engineer shall submit the grant application to the Sponsor for approval and signatures. After obtaining the necessary signatures, the Sponsor or Engineer shall forward a copy of the signed application to the FAA for further processing.

1.07 Prepare Environmental Documentation. The FAA has determined that a simple written Categorical Exclusion (CATEX) applies, according to FAA orders 1050.1F and 5050.4B. The project was environmentally approved through the FAA’s simple written CATEX dated June 9, 2021. An overall environmental exhibit will be created as part of this scope of work, approved by the FAA, and referenced throughout the project.

TASK 1 DELIVERABLES TO FAA/STATE TO SPONSOR

1.01 Meeting Agendas, AIP Development Schedule and Meeting Minutes from Pre-Design Meeting
 

1.02 Scope of Work and Draft Contract for the Sponsor 

1.03 Design Schedule, PSR, and Monthly Invoicing  

1.06 Federal Grant Application  

1.07 Environmental Documentation  
TASK 1 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION

1.01 Pre-Design and Design
Development Meetings
• South Lake Tahoe, CA
One (1) Project Engineer and one (1) Project Manager
Assume Two (2) hours via teleconference (2 meetings)

1.02 Prepare Project Scope of Work
and Contract
• South Lake Tahoe, CA
One (1) Project Engineer and one (1) Project Manager
Assume Two (2) hours via teleconference (2 meetings)

2.0 Pavement Maintenance Management Plan Development Phase

2.01 Pavement Condition Index (PCI) Inspections. This task includes visual inspection of the pavements following the PCI survey procedures documented in FAA AC 150/5380-7B, FAA AC 150/5380-6C, ASTM D5340-20, and supported by the latest version of PAVER software (version 6.5).

A crew performing the PCI inspection survey, led by an experienced Pavement Engineer (Project Manager III) and escorted and assisted by one (1) Resident Engineer will perform, at a minimum, one (1) seven-day pavement evaluation. It is assumed typical working days will be ten (10) hours.

During the pavement evaluations, pavements will be inspected by random sampling, and any unique or isolated pavement situation will be identified and sampled. Photographs will be taken to record both typical and atypical distresses observed.

Observed data will be entered into the PAVER database.

2.02 PAVER Customization and Analysis. The Engineer will customize the database by developing performance models and entering treatment alternatives and appropriate unit costs to reflect the conditions and policies under which the management system operates. The Engineer will analyze the following:
 Predication of Future Condition
 Determination of Optimum M&R plans given a budget
 Determine Budget Requirements to Meet Management Objectives. 381
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The Engineer will also perform PAVER GIS linking as part of the customization activities. The GIS link within PAVER correlates database information (such as section names, surface types, ranks, current PCIs, projected PCIs, etc.) with associated maps.

The PCI data collected during this project will be analyzed to determine the overall condition in terms of a PCI value, cause of pavement deterioration, and rate of deterioration.

An evaluation of the functional condition of the pavements will be completed. To complete this activity, three aspects of the PCI data will be analyzed for each section: composite index, type of distress, and pavement deterioration rate. This information will then be used to estimate the remaining functional life of each pavement section.

2.03 Runway PCN (Or ACR-PCR) Analysis. The Engineer will perform a pavement classification number (PCN) analysis for each pavement section to determine the runway PCN classification based on the expected fleet mix in accordance with FAA AC 150/5335-5C, Standardized Method of Reporting Airport Pavement Strength – PCN.

Detailed layer thicknesses, material type, and subgrade will be required to complete PCN for each pavement section. The previous pavement management plan and geotechnical investigations will be used to ascertain the pavement sections. The fleet mix will be incorporated to calculate the PCN for each airfield pavement section.

The FAA has indicated it will adopt the ACR-PCR method of reporting pavement strength when AC 150/5335-5D is published. If this AC is published prior to the commencement of this task, the Engineer will calculate the ACR-PCR, in lieu of the PCN, for each airfield pavement section.

2.04 Pavement Maintenance Management Plan Development. The Engineer will develop a Pavement Maintenance Management Plan document which shall contain a description of the process and results for the PMMP implementation. It will provide documentation of the PMMP, the airfield data collected during the project, a summary of the overall condition of the pavement system, and the recommended maintenance and rehabilitation plan. It will include maps as well as photographs taken during the PCI inspections and will serve as a reference for future updates to the pavement management data.

2.05 Review Pavement Maintenance Management Plan at 60% Complete. At the 60% stage of completion of the Pavement Maintenance Management Plan, the Engineer will submit the PMMP Documents to the Sponsor for their review. A meeting will be scheduled for this review and the project will be reviewed with the FAA to obtain their concurrence with the Plan.

2.06 Provide In-House Quality Control. The Engineer has an established quality control program that will provide both experienced and thorough reviews of all project submittals and will also provide engineering guidance to the design team throughout the Pavement Maintenance Management Plan development from an experienced, senior-level Professional Engineer.

Prior to the Engineer’s Pavement Maintenance Management Plan being submitted to the Sponsor and FAA, a thorough, in-house quality control review of the documents will be conducted. This process will include an independent review of the PMMP being submitted by a licensed Professional Engineer other than the Engineer who performed the design of the project. Comments will be offered by the Engineer that performed the review, and revisions to the Pavement Maintenance Management Plan will be made accordingly.
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In addition to the periodic reviews, the Engineer’s in-house quality control program also provides engineering guidance to the project team throughout the project in an attempt to steer the project in a manner that provides the best engineering judgment.

2.07 Prepare and Submit Final Pavement Maintenance Management Plan. A final PMMP will be prepared and submitted to the FAA and Sponsor. These documents shall incorporate all revisions, modifications and corrections determined during the FAA and Sponsor final review.

2.08 Prepare Requests for Reimbursement. This task includes preparing the FAA Standard Form 271 for Sponsor reimbursement of eligible expenses incurred on a monthly basis. The Engineer will submit the completed form along with appropriate supporting documentation to the Sponsor for review and approval. Upon approval, the Engineer or the Sponsor will submit the completed forms and supporting documentation to the FAA for reimbursement. It is estimated there will be three RFRs for expenses incurred during the project.

2.09 Prepare and Submit Grant Closeout Report. This task includes preparation of the grant closeout report in accordance with current FAA Western Pacific Region Grant Closeout Report guidelines. Paper and electronic copies will be provided.

TASK 2 DELIVERABLES TO FAA/STATE TO SPONSOR

2.05 60% Pavement Maintenance Management Plan Review  

2.07 Final Pavement Maintenance Management Plan  

2.08 Requests for Reimbursement  

2.09 Grant Closeout Report  
TASK 2 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION

2.01 PCI Inspections • South Lake Tahoe, CA
One (1) Pavement Engineer (Project Manager III) and
one (1) Resident Engineer
Assume seven (7) day site visit (1 site visit), ten (10) working hours per day.

Assume travel to/from Denver, CO to South Lake Tahoe,
CA with eight (8) overnight stays for Pavement Engineer and Resident Engineer for each site visit

2.06 Plan Review at 60% Complete. • South Lake Tahoe, CA One (1) Project Engineer and one (1) Project Manager
Assume Two (2) hours via teleconference (1 meeting)

3.0 Runway Safety Area Determination (RSAD) Phase

3.01 Analyze Topographic Survey Data. This task includes analyzing the topographical surveying data and preparing the data for use with computer modeling. This will include the following tasks:
 Input raw survey data into AutoDesk Civil 3D to sort data into the Engineer’s standard layers for efficient analysis.
 Verify surveyor horizontal and vertical control.
 Verify survey data from as-built conditions.
 Sort all data points by layers and descriptions for computer modeling. 383
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AIP Project No. 3-06-0249-XXX-2022
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February 10, 2022

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 Prepare Triangulated Integrated Network (TIN - surface model) of existing ground contours, pavement edges, roadways, electrical equipment, drainage features, buildings, fences and other miscellaneous entities.
 Generate three-dimensional contour model from TIN - surface model.  Prepare and process data for spot elevations, grading and/or paving cross sections.

This task includes analyzing the Runway 18/36 safety area topographical survey and object inventory data.

Current editions of FAA runway safety area documents (i.e., FAA Office of Airports (ARP) Standard Operating Procedure (SOP) No. 8.00, Runway Safety Area Determination; FAA Order 5200.8, Runway Safety Area Program; FAA Order 5200.9, Financial Feasibility and Equivalency of Runway Safety Area Improvements and Engineered Material Arresting Systems; etc.) will be reviewed and applicable data provided to the Sponsor accordingly. This will include the following tasks:
 Conduct safety area topographical survey.
 Prepare exhibit(s) (plan view of safety area with spot elevations/longitudinal and transverse gradients/dimensions, location/description of objects, etc.) and associated narrative with analysis (compliance with current standards vs. non-compliance with current standard(s)).  If a non-standard determination is made by the FAA, assist Sponsor with alternative analysis preparation and presentation per the referenced FAA guidance above.

3.02 Prepare Runway Safety Area Determination. This task includes preparing the Runway Safety Area Determination (RSAD) Form and supporting documents for Runway 18/36 in accordance with the current editions of FAA runway safety area documents (i.e., FAA Office of Airports (ARP) Standard Operating Procedure (SOP) No. 8.00, Runway Safety Area Determination; FAA Order 5200.8, Runway Safety Area Program; FAA Order 5200.9, Financial Feasibility and Equivalency of Runway Safety Area Improvements and Engineered Material Arresting Systems; etc.).

3.03 Submit Runway Safety Area Determination. This task includes submitting the completed Runway Safety Area Determination (RSAD) Form and supporting documentation to the Sponsor and FAA for review, approval and signatures. The Regional Airports Division Manager ensures the Runway Safety Area Program is implemented in accordance with FAA Order 5200.8, Runway Safety Area Program. The order requires the Division Manager to approve all RSADs within the Division’s area of responsibility.

TASK 3 DELIVERABLES TO FAA/STATE TO SPONSOR

3.03 Submit Runway Safety Area Determination  
TASK 3 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION

3.01 Topographic Survey On-Site
Coordination
• South Lake Tahoe, CA
One (1) Resident Engineer
Assume five (5) day site visit (1 site visits), ten (10) working hours per day.

Assume travel to/from San Jose, CA to South Lake
Tahoe, CA with six (6) overnight stays for Resident
Engineer for each site visit

3.03 Runway Safety Area
Determination Review
• South Lake Tahoe, CA
One (1) Project Engineer and one (1) Senior Consultant
Assume two (2) hours via teleconference (1 meeting)
384
Lake Tahoe Airport
AIP Project No. 3-06-0249-XXX-2022
Pavement Maintenance Management Plan
February 10, 2022

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EX Reimbursable Costs During Design. This section includes reimbursable items such as auto rental, mileage, lodging, per diem, and other miscellaneous expenses incurred in order to complete Part A – Basic Services.

Special Considerations

The following special considerations are required for this project, but will be completed by subconsultants to the Engineer. The cost for this work will be included in the engineering contract agreement with the Sponsor and the costs are in addition to the engineering fees outlined above.

Topographical Survey. Survey will be required in order to complete the Runway Safety Area Determination. Survey will include the following:
 The project limits of the Runway Safety Area (RSA) and surrounding areas.  The ground survey area is approximately 85 acres, with approximately 20 acres being high accuracy pavement survey and 65 acres being existing ground survey.  Verification of the existing pavement elevations and infrastructure located within the project area.
 Verification of the existing terrain to create an accurate topographical drawing.  All existing utilities in the project limits from locates performed prior to surveying operations.  During design, there may be the need to verify other existing survey information or extend the limits of the existing survey.
 No new obstruction survey or existing obstruction verification survey will be performed.

Assumptions
The scope of services described previously is based on the following assumptions of responsibilities by the Engineer and Sponsor.

1. It is anticipated there will be a minimum number of trips and site visits to the airport to facilitate the completion of the various phases listed in this scope. The number of trips for each phase are included at the end of each phase above.

2. The Sponsor will provide existing mapping data including as-builts available for the project areas, aerial orthoimagery, subsurface conditions information such as prior geotechnical investigations in the project area and other available information in the possession of the Sponsor.

3. Closure(s) of runway and taxiway pavements will be required for the Engineer to conduct field work. The Sponsor and Engineer to coordinate on the required closures, and the Sponsor will coordinate with tenants as required to facilitate field evaluations.

4. All engineering work will be performed using accepted engineering principles and practices and provide quality products that meet or exceed industry standards. Dimensional criteria will be in accordance with FAA AC 150/5300-13 (Current Edition), Airport Design, and related circulars. Construction specifications will be in accordance with FAA AC 150/5370-10 (Current Edition), Standard Specifications for Construction of Airports, and Regional Updates for Specifying Construction of Airports and related circulars. Project planning, design, and construction will further conform to all applicable standards, including all applicable current FAA Advisory Circulars and Orders required for use in AIP-funded projects and other national, 385
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AIP Project No. 3-06-0249-XXX-2022
Pavement Maintenance Management Plan
February 10, 2022

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state, or local regulations and standards, as identified and relevant to an airfield design and construction project.

5. The Engineer will utilize the following plan standards for the project:
 Plans will be prepared using the Engineer’s standards, unless the Sponsor provides its own standards upon Notice to Proceed.
 Plan elevations will be vertical datum NAVD 88 derived from the existing control network.
 Plan coordinates will be based on horizontal datum NAD 83/2011 State Plane Coordinates derived from the existing control network.
 All plans will be stamped and signed by a state-licensed Professional Engineer, or Professional Land Surveyor, as required.
 Plans prepared by subconsultants will be prepared using the same base maps, the same coordinate systems and the same plan layout and format as plans prepared by the Engineer.
 The guidance included in FAA Memorandum, FAA Review of Construction Plans and Specifications for AIP Funded Projects, will be reviewed, incorporated and will supplement the Engineer’s standards.

6. The Engineer must maintain records of design analyses and calculations consistent with typical industry standards, as required by the FAA, for a period of three years after the project is closed by the FAA.

7. Because the Engineer has no control over the cost of construction-related labor, materials, or equipment, the Engineer's opinions of probable construction costs will be made on the basis of experience and qualifications as a practitioner of his/her profession. The Engineer does not guarantee that proposals for construction, construction bids, or actual project construction costs will not vary from Engineer's estimates of construction cost.

Additional Services
The following items are not included under this agreement but will be considered as extra work:
 Redesign for the Sponsor’s convenience or due to changed conditions after previous alternate direction and/or approval.
 Submittals or deliverables in addition to those listed herein.  If a project audit occurs, the Engineer is prepared to assist the Sponsor in gathering and preparing the required materials for the audit.
 Serving as an expert witness for the Owner in any litigation, surety claim, contractor bond activation, or other proceeding involving the project.
 Additional or extended services during the project made necessary by extension of contract time, non-concurrent work, or changes in the work.
 Legal, surety, or insurance support, coordination, and representation.  Additional geotechnical investigations made necessary by unanticipated conditions observed during pavement evaluations for which sufficient existing information is not available.

Extra Work will be as directed by the Sponsor in writing for an additional fee as agreed upon by the Sponsor and the Engineer.
386
AIRPORT: Lake Tahoe Airport
AIP PROJECT NUMBER: 3‐06‐0249‐XXX‐2022
PROJECT NAME: Pavement Maintenance Management Plan
DATE: March 1, 2022

FEE BREAKDOWN LABOR HOUR BREAKDOWN
Labor Category Total Cost
Principal Senior Project Manager Quality Control Manager Project Manager III Project Manager I Engineer III Associate Engineer II Survey Manager CADD Tech III Project Coordinator II Support II Phase Item Costs

1.0 Preliminary Design Phase (Lump Sum) 1.0 Preliminary Design Phase (Lump Sum) Principal hrs. x 275.00 $ /hr = $ ‐ 1.01 Coordinate and Attend Meetings with the Sponsor and FAA 44 $ 1,460.00 Senior Project Manager hrs. x 265.00 $ /hr = $ ‐ 1.02 Prepare Project Scope of Work and Contract 44 $ 1,460.00Quality Control Manager hrs. x 230.00 $ /hr = $ ‐ 1.03 Provide Project Coordination 12 12 $ 3,960.00Project Manager III 24 hrs. x 205.00 $ /hr = 4,920.00 $ 1.04 Review Existing Documents 2 48 8 $ 3,050.00Project Manager I hrs. x 165.00 $ /hr = $ ‐ 1.05 Coordinate Topographical Survey 1 4 $ 1,145.00Engineer III 22 hrs. x 160.00 $ /hr = 3,520.00 $ 1.06 Prepare Federal Grant Application 1 28 14 $ 2,150.00Associate Engineer II 16 hrs. x 125.00 $ /hr = 2,000.00 $ 1.07 Prepare Environmental Documentation 8 8 $ 2,280.00Survey Manager 4 hrs. x 235.00 $ /hr = 940.00 $ $ ‐CADD Tech III 9 hrs. x 125.00 $ /hr = 1,125.00 $ $ ‐Project Coordinator II 24 hrs. x 125.00 $ /hr = 3,000.00 $ $ ‐Support II hrs. x 95.00 $ /hr = $ ‐ $ ‐ $ ‐
$ ‐
$ ‐
SUBTOTAL 99 hrs. $ 15,505.00 $ ‐
$ ‐
Reimbursables $ ‐
Day x 85.00 $ /Day= $ ‐ $ ‐Mi x 0.585 $ /Mi= $ ‐ $ ‐Day x 155.00 $ /Day= $ ‐ $ ‐ Per Diem Day x 74.00 $ /Day= $ ‐ $ ‐Travel & Airline Costs Trip x 500.00 $ /Trip= $ ‐ $ ‐ $ ‐ $ ‐
$ ‐
$ 15,505.00 24 22 16 4 9 24 $ 15,505.00
Labor Category Total Cost
Principal Senior Project Manager Quality Control Manager Project Manager III Project Manager I Engineer III Associate Engineer II Survey Manager CADD Tech III Project Coordinator II Support II Phase Item Costs

2.0 PMMP Development Phase (Lump Sum) 2.0 Pavement Maintenance Mangement Plan Development Phase (Lump Sum) hrs. x 275.00 $ /hr = $ ‐ 2.01 Pavement Condition Index (PCI) Inspections 86 86 $ 31,390.00 hrs. x 265.00 $ /hr = $ ‐ 2.02 PAVER Customization and Analysis 4 24 $ 4,660.00 8 hrs. x 230.00 $ /hr = 1,840.00 $ 2.03 Runway PCN (or ACR‐PCR) Analysis 4 32 $ 5,940.00 112 hrs. x 205.00 $ /hr = 22,960.00 $ 2.04 Pavement Maintenance Management Plan Development 8 40 $ 8,040.00 hrs. x 165.00 $ /hr = $ ‐ 2.05 Review PMMP at 60% Complete 22 $ 730.00 200 hrs. x 160.00 $ /hr = 32,000.00 $ 2.06 Provide In‐House Quality Control 8 $ 1,840.00 hrs. x 125.00 $ /hr = $ ‐ 2.07 Prepare and Submit Final PMMP Report 8 16 16 16 $ 7,720.00hrs. x 235.00 $ /hr = $ ‐ 2.08 Prepare Requests for Reimbursement $ ‐ 16 hrs. x 125.00 $ /hr = 2,000.00 $ 2.09 Prepare and Submit Grant Closeout Report $ ‐ hrs. x 125.00 $ /hr = $ ‐ $ ‐
16 hrs. x 95.00 $ /hr = 1,520.00 $ $ ‐
$ ‐
$ ‐
$ ‐
SUBTOTAL 352 hrs. $ 60,320.00 $ ‐
$ ‐
Reimbursables $ ‐
9 Day x 85.00 $ /Day= 765.00 $ $ ‐
120 Mi x 0.585 $ /Mi= 70.20 $ $ ‐
14 Day x 155.00 $ /Day= 2,170.00 $ $ ‐
Per Diem 18 Day x 74.00 $ /Day= 1,332.00 $ $ ‐Travel & Airline Costs Trip x 500.00 $ /Trip= $ ‐ $ ‐ $ 4,337.20 $ ‐
$ ‐
$ ‐
$ 64,657.20 8 112 200 16 16 $ 60,320.00

INDEPENDENT FEE ESTIMATE
Auto RentalMileageLodging + Tax & Fees

SUBTOTAL
Project Coordinator II
Support IIPrincipalQuality Control Manager
Project Manager III
Project Manager I
Senior Project Manager
TASK

SUBTOTALSUBTOTAL
Survey ManagerEngineer IIIAssociate Engineer II
Total Hours

LABOR CATEGORY
Billing Rate
TASK

TOTALSTOTALS

LABOR CATEGORY
Total Hours Billing Rate

SUBTOTAL

PHASE SUBTOTAL

PHASE SUBTOTAL
Auto RentalMileageLodging + Tax & Fees
CADD Tech III

Page 1 of 2 ends

387
Labor Category Total Cost
Principal Senior Project Manager Quality Control Manager Project Manager III Project Manager I Engineer III Associate Engineer II Survey Manager CADD Tech III Project Coordinator II Support II Phase Item Costs

3.0 Runway Safety Area Determination Phase (Lump Sum) 3.0 Runway Safety Area Determination Phase (Lump Sum) hrs. x 275.00 $ /hr = $ ‐ 3.01 Analyze Topographic Survey Data 40 66 16 $ 22,510.00 2 hrs. x 265.00 $ /hr = 530.00 $ 3.02 Prepare Runway Safety Area Determination 288 $ 3,010.00 hrs. x 230.00 $ /hr = $ ‐ 3.03 Submit Runway Safety Area Determination 2 2 2 $ 1,100.00 2 hrs. x 205.00 $ /hr = 410.00 $ $ ‐8 hrs. x 165.00 $ /hr = 1,320.00 $ $ ‐ 10 hrs. x 160.00 $ /hr = 1,600.00 $ $ ‐40 hrs. x 125.00 $ /hr = 5,000.00 $ $ ‐66 hrs. x 235.00 $ /hr = 15,510.00 $ $ ‐16 hrs. x 125.00 $ /hr = 2,000.00 $ $ ‐ 2 hrs. x 125.00 $ /hr = 250.00 $ $ ‐
hrs. x 95.00 $ /hr = $ ‐ $ ‐
$ ‐
$ ‐
$ ‐
SUBTOTAL 146 hrs. $ 26,620.00 $ ‐
$ ‐
Reimbursables $ ‐
8 Day x 85.00 $ /Day= 680.00 $ $ ‐
60 Mi x 0.585 $ /Mi= 35.10 $ $ ‐
6 Day x 155.00 $ /Day= 930.00 $ $ ‐
Per Diem 8 Day x 74.00 $ /Day= 592.00 $ $ ‐Travel & Airline Costs 1 Trip x 500.00 $ /Trip= 500.00 $ $ ‐ $ 2,737.10 $ ‐
$ ‐
$ 29,357.10 2 2 8 10 40 66 16 2 $ 26,620.00

TOPOGRAPHICAL SURVEY
SUBTOTAL $ 45,000.00
Phase Fee Reimbursable
Costs
Total Cost
PART A ‐ BASIC SERVICES (LUMP SUM)

1.0 Preliminary Design Phase (Lump Sum) $ ‐ 15,505.00 $ $ 15,505.00

2.0 PMMP Development Phase (Lump Sum) $ 60,320.00 $ 4,337.20 $ 64,657.20

3.0 Runway Safety Area Determination Phase (Lump Sum) $ 26,620.00 $ 2,737.10 $ 29,357.10 SUBTOTAL $ 102,445.00 $ 7,074.30 $ 109,519.30
PART A ‐ SPECIAL SERVICES
TOPOGRAPHICAL SURVEY $ 45,000.00
SUBTOTAL $ ‐ ‐ $ $ 45,000.00 TOTAL $ 102,445.00 $ 7,074.30 $ 154,519.30

SUBTOTAL
Project Manager III

SUBTOTAL
Project Manager I
Engineer IIIAssociate Engineer IIAuto RentalMileageLodging + Tax & Fees CADD Tech III
PrincipalProject Coordinator II
Senior Project ManagerQuality Control Manager
Total Hours Billing Rate
TOTALS

TASK LABOR CATEGORY
SUBCONSULTANT 1

PHASE SUBTOTAL
Support II
Survey Manager

Page 2 of 2 ends

388
AIRPORT: Lake Tahoe Airport
AIP OR PROJECT NUMBER: 3-06-0249-XXX-2022
PROJECT NAME: Pavement Maintenance Management Plan
DATE: March 16, 2022

FEE BREAKDOWN LABOR HOUR BREAKDOWN
Labor Category Total Cost
Principal Project Manager IV Quality Control
Manager
Project Manager III Project Manager IICAEngineer III Associate Engineer I Survey Manager CADD Tech III Project Coordinator II
Support II Phase Item Costs

1.0 Preliminary Design Phase (Lump Sum) 1.0 Preliminary Design Phase (Lump Sum) Principal 1 hrs. x $ 295.00 /hr = $ 295.00 1.01 Coordinate and Attend Meetings with the Sponsor and FAA 4 4 $ 1,940.00 Project Manager IV 10 hrs. x $ 255.00 /hr = $ 2,550.00 1.02 Prepare Project Scope of Work and Contract 1 2 12 4 $ 4,105.00 Quality Control Manager hrs. x $ 255.00 /hr = $ - 1.03 Provide Project Coordination 2 24 2 $ 6,240.00 Project Manager III 2 hrs. x $ 230.00 /hr = $ 460.00 1.04 Review Existing Documents 4 4 4 2 $ 2,050.00 Project Manager II-CA 48 hrs. x $ 230.00 /hr = $ 11,040.00 1.05 Coordinate Topographical Survey 1 4 1 2 $ 1,680.00 Engineer III 4 hrs. x $ 175.00 /hr = $ 700.00 1.06 Prepare Federal Grant Application 1 2 8 $ 1,795.00 Associate Engineer I 4 hrs. x $ 130.00 /hr = $ 520.00 1.07 Prepare Environmental Documentation 2 2 2 $ 1,190.00 Survey Manager 1 hrs. x $ 235.00 /hr = $ 235.00
CADD Tech III 4 hrs. x $ 140.00 /hr = $ 560.00
Project Coordinator II 18 hrs. x $ 135.00 /hr = $ 2,430.00 Support II 2 hrs. x $ 105.00 /hr = $ 210.00
SUBTOTAL 94 hrs. $ 19,000.00
Reimbursables
Day x $ 85.00 /Day= $ -
Mi x $ 0.585 /Mi= $ -
Day x $ 155.00 /Day= $ -
Per Diem Day x $ 74.00 /Day= $ -
Travel & Airline Costs Trip x $ 500.00 /Trip= $ -
$ -
$ 19,000.00 1 10 2 48 4 4 1 4 18 2 $ 19,000.00
Labor Category Total Cost
Principal Project Manager IV Quality Control
Manager
Project Manager III Project Manager IICAEngineer III Associate Engineer I Survey Manager CADD Tech III Project Coordinator II
Support II Phase Item Costs

2.0 PMMP Development Phase (Lump Sum) 2.0 Pavement Maintenance Mangement Plan Development Phase (Lump Sum) 1 hrs. x $ 295.00 /hr = $ 295.00 2.01 Pavement Condition Index (PCI) Inspections 70 70 4 $ 28,890.00 8 hrs. x $ 255.00 /hr = $ 2,040.00 2.02 PAVER Customization and Analysis 8 24 16 8 $ 9,240.00 20 hrs. x $ 255.00 /hr = $ 5,100.00 2.03 Runway PCN (or ACR-PCR) Analysis 4 16 $ 3,720.00 96 hrs. x $ 230.00 /hr = $ 22,080.00 2.04 Pavement Maintenance Management Plan Development 2 8 24 24 16 4 $ 12,450.00 4 hrs. x $ 230.00 /hr = $ 920.00 2.05 Review PMMP at 60% Complete 2 4 4 $ 2,230.00 162 hrs. x $ 175.00 /hr = $ 28,350.00 2.06 Provide In-House Quality Control 2 16 $ 4,590.00 56 hrs. x $ 130.00 /hr = $ 7,280.00 2.07 Prepare and Submit Final PMMP Report 1 2 4 8 8 2 $ 4,435.00 hrs. x $ 235.00 /hr = $ - 2.08 Prepare Requests for Reimbursement 4 6 $ 1,730.00 24 hrs. x $ 140.00 /hr = $ 3,360.00 2.09 Prepare and Submit Grant Closeout Report 2 16 8 8 $ 5,380.00 24 hrs. x $ 135.00 /hr = $ 3,240.00
hrs. x $ 105.00 /hr = $ -
SUBTOTAL 395 hrs. $ 72,665.00
Reimbursables
8 Day x $ 85.00 /Day= $ 680.00
500 Mi x $ 0.585 /Mi= $ 292.50
16 Day x $ 155.00 /Day= $ 2,480.00
Per Diem 16 Day x $ 74.00 /Day= $ 1,184.00
Travel & Airline Costs 2 Trip x $ 500.00 /Trip= $ 1,000.00 $ 5,636.50
$ 78,301.50 1 8 20 96 4 162 56 24 24 $ 72,665.00
Total Hours Billing Rate

SUBTOTAL

PHASE SUBTOTAL

TASK LABOR CATEGORY
Billing Rate
TASK
TOTALS
TOTALS

LABOR CATEGORY
Auto Rental
Mileage
Lodging + Tax & Fees
CADD Tech III
Quality Control Manager
Project Manager III
Project Manager II-CA
Project Manager IV

SUBTOTAL

SUBTOTAL
Survey Manager
Engineer III
Associate Engineer I
Total Hours
Project Coordinator II
Support II
Principal
Auto Rental
Mileage
Lodging + Tax & Fees

SUBTOTAL

Page 1 of 2 ends

389
Labor Category Total Cost
Principal Project Manager IV Quality Control
Manager
Senior Consultant I Project Manager IICAEngineer III Associate Engineer I Survey Manager CADD Tech III Project Coordinator II
Support II Phase Item Costs

3.0 Runway Safety Area Determination Phase (Lump Sum) 3.0 Runway Safety Area Determination Phase (Lump Sum) 1 hrs. x $ 295.00 /hr = $ 295.00 3.01 Analyze Topographic Survey Data 1 4 50 8 1 16 2 $ 13,710.00 4 hrs. x $ 255.00 /hr = $ 1,020.00 3.02 Prepare Runway Safety Area Determination 1 2 2 8 8 8 8 16 2 $ 10,225.00 2 hrs. x $ 255.00 /hr = $ 510.00 3.03 Submit Runway Safety Area Determination 1 4 4 2 $ 2,145.00 8 hrs. x $ 265.00 /hr = $ 2,120.00
16 hrs. x $ 230.00 /hr = $ 3,680.00
62 hrs. x $ 175.00 /hr = $ 10,850.00
16 hrs. x $ 130.00 /hr = $ 2,080.00
1 hrs. x $ 235.00 /hr = $ 235.00
32 hrs. x $ 140.00 /hr = $ 4,480.00
6 hrs. x $ 135.00 /hr = $ 810.00
hrs. x $ 105.00 /hr = $ -
SUBTOTAL 148 hrs. $ 26,080.00
Reimbursables
6 Day x $ 85.00 /Day= $ 510.00
500 Mi x $ 0.585 /Mi= $ 292.50
6 Day x $ 155.00 /Day= $ 930.00
Per Diem 6 Day x $ 74.00 /Day= $ 444.00
Travel & Airline Costs Trip x $ 500.00 /Trip= $ -
$ 2,176.50
$ 28,256.50 1 4 2 8 16 62 16 1 32 6 $ 26,080.00
Phase Fee
Reimbursable
Costs Total Cost

PART A - BASIC SERVICES (LUMP SUM)

1.0 Preliminary Design Phase (Lump Sum) $ 19,000.00 $ - $ 19,000.00

2.0 PMMP Development Phase (Lump Sum) $ 72,665.00 $ 5,636.50 $ 78,301.50

3.0 Runway Safety Area Determination Phase (Lump Sum) $ 26,080.00 $ 2,176.50 $ 28,256.50 SUBTOTAL $ 117,745.00 $ 7,813.00 $ 125,558.00

PART A - SPECIAL SERVICES (LUMP SUM)
SUBCONSULTANT 1 - TOPOGRAPHICAL SURVEY $ 15,000.00 $ - $ 15,000.00 SUBTOTAL $ 15,000.00 $ - $ 15,000.00
$ 7,813.00 132,745.00 $ 140,558.00 $
TOTALS

TASK LABOR CATEGORY

PHASE SUBTOTAL
Support II
Survey Manager
Quality Control Manager
Total Hours Billing Rate
Principal
Project Manager IV
TOTAL

SUBTOTAL
Senior Consultant I

SUBTOTAL
Project Manager II-CA
Engineer III
Associate Engineer I
Auto Rental
Mileage
Lodging + Tax & Fees
CADD Tech III
Project Coordinator II

Page 2 of 2 ends

390
Resolution 2022-119
Adopted by the City of South Lake Tahoe
City Council
September 20, 2022
Authorizing the Airport Manager to Apply for FY 2022 Caltrans AIP Matching Grant for Lake Tahoe Airport and Appropriating $8,006 from General Fund Undesignated Excess Reserves for City Grant Match
A. The Airport Manager requests authority to submit a California Department of Transportation Airport Improvement Program Matching Grant application, execute a grant agreement with the California Department of Transportation Aeronautics Division, accepts the allocation of grant funds, and certify the availability of the City's 5.5% share of total project cost matching funds; and
B. The City of South Lake Tahoe applied to the Federal Aviation Adm inistration (FAA) for a Federal AIP grant for the Lake Tahoe Airport Pavement Maintenance Management Plan Update in the amount of $166,667; FAA has tentatively approved $131 ,002 based on the revised project cost; and
C. The Federal Aviation Administration under Title 49 § 47171 , et seq. allows for general aviation airports to appropriate 90% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute 10% match from a combination of state or local sources; and
D. The California Transportation Commission , pursuant to the Public Utilities Code section 21683.1, provides grants of 5% of Federal Aviation Adm inistration grants to airports as matching funds; certifying local funding availability of 5.5% total project costs; and
E. The California Department of Transportation requires City Council to adopt a resolution authorizing the submission of an application for an AIP Matching grant; and F. The Airport Manager recommends the City of South Lake Tahoe, California submit a matching grant application for the Lake Tahoe Airport Pavement Maintenance Management Plan Update, included in the 2020 Caltrans Aeronautics Program and the 2021 FAA Airport Capital Improvement Plan ; and
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED that the City Council of the City of South Lake Tahoe:

1. Authorizes the Airport Manager to file an application for a State AIP Matching grant for this project.

2. Authorizes accepting the allocation of State AIP Matching funds for the project in the amount of $6,550.00 and authorizes the Finance Director to appropriate budget into acct# 501-80035-33214.

3. Authorizes the City Manager to execute an AIP Matching Grant Agreement for this project.

4. Upon approval of Caltrans Grant, authorizes budget appropriation of $8,006.00 from the General Fund Undesignated Excess Reserves Grant Match set aside balance into Resolution 2022-11 9 September 20, 2022 Page 1 of 1
391
revenue acct# 501-80035-36300, and total expense appropriations of $14,556 into Engineering Study/Design account 501-80035-48010.

Adopted by the City of South Lake Tahoe City Council on September 20, 2022 by the following vote:

Yes: Bass, Creegan , Friedrich, Middlebrook and Wallace lddleb~ rook (Sep 22, 2022 09:48 PDT)
Devin Middlebrook, Mayor
Attest:
~
Sue Blankenship (Sep 22, 2022 08:04 PDT)
Susan Blankenship, City Clerk
D Sep 22, 2022
ate: ----
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

Resolution 2022-119 September 20, 2022 Page 2 of 1
392
Res 2022-119 Caltrans AIP Matching Grant
Final Audit Report 2022-09-22
Created: 2022-09-21
By: jo Mcdonough [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAP2ufXhccaZygQgENwjaFf A3tsMWKFVYB "Res 2022-119 Caltrans AIP Matching Grant" History
f:1 Document created by jo Mcdonough [email protected]) 2022-09-21 - 6:37:26 PM GMT- IP address: 128.92.136.146 C2. Document emailed to Sue Blankenship ([email protected]) for signature 2022-09-21 - 6:37:59 PM GMT
f:1 Email viewed by Sue Blankenship ([email protected]) 2022-09-22 - 3:04:19 PM GMT- IP address: 128.92.136.146 0"e Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022-09-22 - 3:04:35 PM GMT - Time Source: server- IP address: 128.92.136.146 C2. Document emailed to [email protected] for signature 2022-09-22 - 3:04:37 PM GMT
f:1 Email viewed by [email protected]
2022-09-22 - 4:48:00 PM GMT- IP address: 66.189.255.213 0"e Signer [email protected] entered name at signing as Devin Middlebrook 2022-09-22 - 4:48:19 PM GMT- IP address: 66.189.255.213 0i, Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022-09-22 - 4:48:20 PM GMT - Time Source: server- IP address: 66.189.255.213 0 Agreement completed.
2022-09-22 - 4:48:20 PM GMT
fl Adobe Acrobat Sign
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September 6, 2022
Mr. John Dickinson
Airport Manager
City of South Lake Tahoe
1901 Airport Road, Suite 100
South Lake Tahoe, CA 96150
Dear Mr. Dickinson:

Airports Division
Western-Pacific Region
California
San Francisco Airports
District Office:
1000 Marina Blvd, Ste 115
Brisbane, CA 94005-1863
The Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0249-047-2022 at Lake Tahoe Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully.

You may not make any modification to the text, terms or conditions of the grant offer.

Steps You Must Take to Enter Into Agreement.

To properly enter into this agreement, you must do the following:
l. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative").

2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.

3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification.

4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.

5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 12, 2022.

6. The fully executed grant will then be automatically sent to all parties as an email attachment.

Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System.

Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 1 482
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date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.

Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows:
• For all grants, you must submit by December 31st of each year this grant is open:

1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and

2. An SF-425 (Federal Financial Report).
• For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year.
• For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter.

Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs.

Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.

Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/ Airports District Office.

FAA Contact Information. REGINALD DONES, (405) 666-1065, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.

We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.

Sincerely,
A-mY Choi for laurie J Su-ffmeitw
Ann, :::i:;i rur L1unc, J Suttn1eicr (St-~P b, 102"2 13:28 PD r) Laurie J. Suttmeier
Manager
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U.S. Department
of Transportation
Federal Aviation
Administration
Federal Award Offer Date
Airport/Planning Area
FY2022 AIP Grant Number
Unique Entity Identifier
FAA Airport Improvement Program (AIP)

GRANT AGREEMENT
Part I - Offer
September 61 2022
Lake Tahoe Airport
3-06-0249-04 7-2022
FG8YLL3CQ3Jl
TO: City of South Lake Tahoe
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 30, 2022, for a grant of Federal funds for a project at or associated with the Lake Tahoe Airport, which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Lake Tahoe Airport (herein called the "Project") consisting of the following:

Pavement Maintenance Management Program
which is more fully described in the Project Application.

NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department ofTransportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103}; and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances attached hereto; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; 3 484
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THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project.

Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

CONDITIONS

1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $150,000.

The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$ 0 for planning
$ 150,000 airport development or noise program implementation; and, $ 0 for land acquisition.

2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:

1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years {1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.

2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1).
b. Budget Period:

1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the period of performance provided in paragraph (2)(a)(l). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period.

2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308.
c. Close Out and Termination

1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344). 4 485
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2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable.

3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable.

4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.

5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.

6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, and the regulations, and the Secretary's policies and procedures.

Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.

7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.

8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 12, 2022, or such subsequent date as may be prescribed in writing by the FAA.

9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.

10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.

11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). 5 486
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a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration.

12. Electronic Grant Payment{s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department ofTransportation (DOT) Financial Assistance Awardees.

13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.

The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation.

The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.

An informal letter amendment has the same force and effect as a formal grant amendment.

14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.

15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.

16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.

17. Build America. Buy America. The sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58).

18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant Offer:
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a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:

1. 15 percent; or

2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.

If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.

19. Audits for Sponsors.

PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.

20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:
l. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or

2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or

3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g., Sub-contracts).
c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.

21. Ban on Texting While Driving.
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a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:

1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.

2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.

22. Trafficking in Persons.
a. You as the recipient, your employees, subrecipients under this Grant, and subrecipients' employees may not:

1. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect;

2. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or

3. Use forced labor in the performance of the Grant or any subgrants under this Grant. b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity:

1. Is determined to have violated a prohibition in paragraph (a) of this condition; or

2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (a) of this Condition through conduct that is either -
a. Associated with performance under this Grant; or
b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, 0MB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement), as implemented by our agency at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a) of this Condition. d. Our right to terminate unilaterally that is described in paragraph (a) of this Condition:

1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and
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2. Is in addition to all other remedies for noncompliance that are available to us under this Grant Agreement.

23. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.

24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated 09/19/2016, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement.

25. Employee Protection from Reprisal.
a. Prohibition of Reprisals

1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant.

2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency.

3. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation.

4. Time Limitation for Submittal of a Complaint. A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place.

5. Required Actions of the Inspector General. Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b).

6. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2). 9 490
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SPECIAL CONDITIONS

26. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Airport Sponsor Grant Assurance 11, Pavement Preventive Maintenance-Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. The Sponsor further agrees that the program will:
a. Follow the current version of FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; b. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements:

1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
a. Location of all runways, taxiways, and aprons;
b. Dimensions;
c. Type of pavement; and,
d. Year of construction or most recent major rehabilitation.

2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6, the frequency of inspections may be extended to three years.
b. Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive-by inspections, the date of inspection and any maintenance performed must be recorded.

3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is:
a. Inspection date;
b. Location;
c. Distress types; and
d. Maintenance scheduled or performed.

4. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required.
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27. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 11 492
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

I declare under penalty of perjury that the foregoing is true and correct. 1

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION
A-mY Choi for lqurie J. Su-ffmeier
Amy Choi for Laurie J. Suttrneier !Sf'p 6, 2022 LU8 PDT, (Signature)
Amy Choi for Laurie J. Suttmeier
(Typed Name)
Assistant Manager SFO ADO
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 12 493
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Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.

I declare under penalty of perjury that the foregoing is true and correct. 2 Dated September 6, 2022
City of South Lake Tahoe
(Name af Spansor)
(Signature of Sponsor's Authorized Official)
By: Anush Nejad
(Typed Name of Sponsor's Authorized Official)
Title: Director of Public Works
{Title of Sponsor's Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 13 494
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, Heather Stroud , acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of California . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

I declare under penalty of perjury that the foregoing is true and correct. 3 Dated at September 6, 2022
By: Heather Stroud (Sep 6, 2022 16:29 PD Ti
(Signature of Sponsor's Attorney)
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A. General.

ASSURANCES

AIRPORT SPONSORS
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1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.

B. Duration and Applicability.

1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.

The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.

2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.

The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor.

Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.

C. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this grant that:

Airport Sponsor Assurances 5/2022 Page 1 of 18
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1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following:

FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act, as amended - 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq. d. Hatch Act - 5 U.S.C. § 1501, et seq. 2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq. 1, 2
f. National Historic Preservation Act of 1966 - Section 106 - 54 U.S.C. § 306108.1. 1 g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq. 1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section§ 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102{a) - 42 U.S.C. § 4012a. 1 I. 49 U.S.C. § 303, (formerly known as Section 4{f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 {42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, {42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq. 1 s. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. § 8373. 1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq. 1 u. Copeland Anti-kickback Act - 18 U.S.C. § 874. 1
v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq. 1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended -16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq. 2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).

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aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX.

EXECUTIVE ORDERS
a. Executive Order 11246 - Equal Employment Opportunity1 b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 - Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1
f. Executive Order 12898 - Environmental Justice
g. Executive Order 13166 - Improving Access to Services for Persons with Limited English Proficiency
h. Executive Order 13985 - Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
i. Executive Order 13988 - Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
j. Executive Order 14005 - Ensuring the Future is Made in all of America by All of America's Workers
k. Executive Order 14008 - Tackling the Climate Crisis at Home and Abroad

FEDERAL REGULATIONS
a. 2 CFR Part 180 - 0MB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 4
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5 c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 - Investigative and Enforcement Procedures. e. 14 CFR Part 16 - Rules of Practice For Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 -Airport Noise Compatibility Planning. g. 28 CFR Part 35 - Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates. 1 j. 29 CFR Part 3 - Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States. 1 Airpon Sponsor Assurances 5/2022 Page 3 of 18
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k. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act). I I. 41 CFR Part 60- Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements). I m. 49 CFR Part 20 - New Restrictions on Lobbying.
n. 49 CFR Part 21- Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs. I 2
q. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.I
s. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 - Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 - Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41- Seismic Safety.

FOOTNOTES TO ASSURANCE (C}(l)
I These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR part 200 subpart Fare the guidelines for audits.

SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement.

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2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:

It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:

It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Sponsor Fund Availability.

It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.

4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or Airport Sponsor Assurances 5/2022 Pase 5 of 18
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document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.

6. Consistency with Local Plans.

The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

7. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where the project may be located.

8. Consultation with Users.

In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.

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9. Public Hearings.

In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.

Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

10. Metropolitan Planning Organization.

In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.

11. Pavement Preventive Maintenance-Management.

With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites.

For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United Airport Sponsor Assurances 5/2022 Page 7 of 18
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States not later than six (6) months following the close of the fiscal year for which the audit was made.

14. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veteran's Preference.

It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.

However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications.

It will execute the project subject to plans, specifications, and schedules approved by the Secretary.

Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.

Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.

17. Construction Inspection and Approval.

It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

18. Planning Projects.

In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States.

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d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:

1. Operating the airport's aeronautical facilities whenever required;

2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

20. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

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21. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:

1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and

2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.

Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.

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h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

23. Exclusive Rights.

It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.

24. Fee and Rental Structure.

It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.

The following exceptions apply to this paragraph:

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revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.

26. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
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sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:

1. eliminate such adverse effect in a manner approved by the Secretary; or

2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor.

30. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§

21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. lfthe sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities.

2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is Airport Sponsor Assurances 5/2022 Page 14 of 18
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3-06-0249-047-2022
to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
"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 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or 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 no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award."
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department ofTransportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other Airport Sponsor Assurances S/2022 Page 15 of 18
509
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participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.

If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117{e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.

Airport Sponsor Assurances 5/2022 Page 16 of 18
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c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services.

If any phase of such project has received Federal funds under Chapter 471 subchapter 1 ofTitle 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U.S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications.

It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for AIP projects as of August 30, 2022.

35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

Airport Sponsor Assurances 5/2022 Page 17 of 18
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37. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 u.s.c. §§ 3801-3809, 3812).

38. Hangar Construction.

If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:

1. Describes the requests;

2. Provides an explanation as to why the requests could not be accommodated; and

3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.

Airport Sponsor Assurances 5/2022 Page 18 of 18
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Document e-signed by Heather Stroud ([email protected]) Signature Date: 2022-09-06 - 11 :29:45 PM GMT - Time Source: server- IP address: 128.92.136.146 Agreement completed.
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TVL-WPG-3-06-0249-04 7-2022-Grant
Agreement
Final Audit Report 2022-09-06
Created: 2022-09-06
By: FAA - AIP ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAWykWHb_nZi3aEA2j9-nlYg5xzg6cQtdk "TVL-WPG-3-06-0249-04 7-2022-Grant Agreement" History
Document created by FAA - AIP ([email protected]) 2022-09-06 - 5:49:04 PM GMT- IP address: 155.178.180.12 ~ Document emailed to [email protected] and [email protected] for signature. One of them to sign 2022-09-06 - 8:23:13 PM GMT
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Document e-signed by Amy Choi for Laurie J. Suttmeier ([email protected]) Signature Date: 2022-09-06 - 8:28:49 PM GMT - Time Source: server- IP address: 162.58.82.136 Document emailed to Anush Nejad ([email protected]) for signature 2022-09-06 - 8:28:53 PM GMT
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 18
Agenda Item: Amendment 2 to Agreement for Construction Management Services with SierraCon/CORE for the Multigenerational Recreation and Aquatics Center Project Executive Summary: In January 2023, staff met with the project construction management consultant, SierraCon/CORE to discuss modifying their original scope of work for tasks associated with re-bidding the Multigenerational Recreation and Aquatics Center project. In February 2022, staff received a proposal in the amount of $323,072 for the proposed scoped of work. To move forward with the above-mentioned scope change, the Department will need to formally amend the Professional Services Agreement (Attachment 02) via City Council Approval.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor Pro Tem to execute Amendment 2 to the Professional Services Agreement with SierraCon/CORE for additional services for preconstruction and rebidding of Phase 2 for the Multigenerational Recreation and Aquatics Center Project at an additional amount of $653,302 and a total not-to-exceed amount of $1,444,545.

CEQA Determination: On January 18, 2022, the City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreation and Aquatics Center (State Clearinghouse file No. 2021120206) and file the Notice of Determination filed with the El Dorado County Clerk on January 19, 2022. This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines 15162.

Responsible Staff Member: Jim Marino - Capital Improvements Manage and Facilities Program Manager
Responsible Staff Member: Jim Marino - Capital Improvements Manager and Facilities Program Manager - 530-542-6027
Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report-SierraCon Amendment 2.docx
02-Amendment 2 to PSA with SierraCon.doc
03-SierraCon Proposal for Re-Bid.pdf
05-C-029-2021 SierraCon Inc.pdf
06-C-107-2022 Amendment 1 with SierraConCore.pdf
515
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 2 to Professional Services Agreement for Construction Management Services with SierraCon/CORE of South Lake Tahoe for the Recreation and Aquatics Center Project
Location: 1176 Rufus Allen Boulevard
Responsible Staff Member: Jim Marino, Capital Improvements Manager (530) 542-6027 Background: At the March 16, 2021 City Council Meeting, City Council approved a contract (C-029-2021) with SierraCon/CORE of South Lake Tahoe, CA in the amount of 791,243 for preconstruction management services. Additionally, the Contract was amended (001) at the June 21st City Council meeting to include construction management services in parallel with the award for Phase 1 of the Rec Center project in the amount of $330,230.

At the November 15th, 2022 City Council Meeting, City Council formally rejected all bids for the Recreation and Aquatics Center Construction Project – Phase II. Additionally, staff was directed to explore opportunities to increase bidding competition, prequalification of contractors, and provide value engineering assessment.

Issue and Discussion: In January 2023, staff met with SierraCon/CORE to discuss modifying their original scope of work for tasks associated with re-bidding the project. In February 2022, staff received a proposal in the amount of $323,072 for the proposed scoped of work. To move forward with the above-mentioned scope change, the Department will need to formally amend the Professional Services Agreement (Attachment 02) via City Council Approval.

The general scope of work provided by SierraCon/CORE is as shown below and detailed in Attachment 03.
 Conduct Owner/Architect Meetings.
 Review documents for constructability/biddability.
 Develop and maintain schedule.
 Participate in General Contractor Pre-Qualification and Evaluation.  Coordinate with architect on permitting and agency approvals.  Provide Project cost estimate update.
 Advise team on value engineering and cost reduction strategies.  Assist owner with project reporting/documentation.
 General Contractor outreach.
 Conduct pre-bid meeting.
 Attend Bid Opening/log all information.
 Coordinate with architect for bidder’s request for information (RFI). 516
Council Agenda Report March 14, 2023 Page 2 of 2
 Attend bid evaluation meeting(s).
 Review bid documents for completeness and accept for release.  Assist with bid advertisement & bidder qualification.  Bid document management.
 Bid evaluation report.
 Recommendations for award.
 Procurement of third-party inspection consultant.
 Procurement of FF&E package.

Financial Implications: It is the recommendation of staff; City Council move to approve Amendment 002 for the SierraCon/CORE Professional Services Agreement (Contract C-029- 2021) in the total amount of $323,072.

Table A below details the contract amendments to date.

SierraCon/CORE Contract C-029-2021
Base Contract (3/16/21) $791,243.00
Amendment 001 (6/21/22) Construction Management –
Rec Center Phase 1
Construction
$330,230.00
Amendment 002 (3/14/23) Re-Bid Tasks $323,072.00
Proposed Contract Total $1,444,545
Table A – SierraCon/CORE Amendments to date
Additional expenditure appropriations are not requested at this time. Since Phase 2 construction administration funding previously appropriated as part of Amendment 05 with Jordan Knighton Architecture and Engineering (JKAE) has not been utilized, sufficient funding is available within the project account 301 60018 48020 to support Amendment 02 with SierraCon/CORE described in attachment 02. The full project funding and cost reconciliation will be presented as part of the next project update.

Environmental Considerations: On January 18, 2022, the City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreation and Aquatics Center (State Clearinghouse file No. 2021120206) and file the Notice of Determination filed with the El Dorado County Clerk on January 19, 2022.

This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines 15162.

Policy Implications: There are no anticipated policy implications with this request. 517
City of South Lake Tahoe – SierraCon/CORE
PSA Amendment No. 2 to Master Agreement
AMENDMENT 2 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement (C-029-2021) entered into on March 16, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and SierraCon/CORE (“CONSULTANT”) is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read as follows:

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated March 16, 2021 this Amendment to the Agreement adds the work described within Exhibit A “Compensation Schedule”, attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 2 to the Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than October 2026. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by October 2026 shall constitute a material breach of this Agreement as amended.

3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement is hereby increased with this Amendment No. 2 by the sum of $323,072 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $791,243 plus the additional fee (Amendment #1 Phase 1 Construction Management Services) of $330,230, plus the additional fees (Amendment #2) of $323,072 for an amended total fee of $1,444,545 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 Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Pro Tem Joe Stewart
President – SierraCon/CORE
Business License # 009926

APPROVED AS TO FORM: ATTEST:
___________________________ __________________________
Heather Stroud, City Attorney Susan Blankenship, City Clerk 518

TOTAL PRECON &

BIDDING
$323,072
Based on 6 months - February 2023 - July 2023 Based on 4 months - August 2023 - November 2023 Based on 27 months - December 2023 - March 2025 General Contractor Outreach
TOTAL $0 TOTAL $53,462 TOTAL Step 2

SCOPE III

CONSTRUCTION

DESCRIPTION VALUE

SCOPE II

BIDDING

SCOPE I

PRECONSTRUCTION
Develop Baseline Design Schedule | Provide Monthly Updates Participate in General Contractor Prequalification & Evaluation Conduct O/A Meetings | Produce Minutes
$5,254
Co-Conduct Pre-Bid Meeting | Review Minutes $6,208
Attend Bid Opening | Log All Information

DESCRIPTION VALUE DESCRIPTION VALUE
Coordinate w/ Architect on Permitting & Agency Approvals $13,658$22,604
$9,450
$33,772
Review Documents for Bidability/Constructability | Track Changes $7,543
Attend Bid Evaluation Meetings | Review & Advise
$6,590
$1,529
Coordinate w/ Architect Bidders Request for Documents
$12,222
Coordinate w/ Architect Bid Addenda $1,098
Review RFI Responses & Addenda for Cost Impact | Advise $3,654 Review Bid Documents for Completeness & Accept for Release $12,222 Assist with Bid Advertisement & Bidder Qualification $10,156 Coordinate w/ Architect Bid RFIs $10,393
Provide Cost Estimate Update $21,882
Advise Team on Value Engineering/Cost Reduction Oppertunities $17,119

DESCRIPTION VALUE
Assist Owner w/ Project Reporting / Documentation
VALUE
TOTAL $170,810 Step 2
Develop & Manage Bidding Phase Document Management $2,419 Evaluate Bids w/ Team | Create Bid Evaluation Report $23,520 Recommend in Writing Lowest, Responsive Bidder to Owner $2,612 Provide Award Recommendation Analysis for City Council $5,225

DESCRIPTION VALUE
TOTAL $98,801 TOTAL
$40,480
Procurement of 3rd Party Inspection Consultant $15,347
Procurement of FF&E Package $38,115

DESCRIPTION
Step 2

OPTIONAL SCOPE

TOTAL ALL SCOPES

BASE SCOPE TOTAL

ALL SCOPES
$269,611
$170,810 $98,801 Step 2
ADDITIONAL SERVICES FOR PRECONSTRUCTION AND REBIDDING OF PHASE 2 January 24, 2023
$53,462

CITY OF SOUTH LAKE TAHOE

TAHOE RECREATION / SWIM COMPLEX

CONSTRUCTION MANAGEMENT SERVICES

SUMMARY

OPTIONAL SCOPE

I II II

TOTAL TOTAL TOTAL

BASE SCOPE

I II II

TOTAL TOTAL TOTAL
$0 $53,462
519

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the Sixteenth day of March 2021 by and between the City of South Lake Tahoe, a municipal corporation (“ City”) and SierraCon, Inc., a California corporation (“ Consultant”).

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

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

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

AGREEMENT

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

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

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

2. Term/ Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 3.5 years.

C-029-2021
DocuSign Envelope ID: 8055737B- 2925-4D78-8044-5167FDB37CAE 520

3. Compensation. Compensation to be paid to Consultant shall be made monthly based on Project progress for Phase I (Preconstruction) and Phase II Bidding) 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 $ 791,243 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 percentage of Project progress complete, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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

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

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

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees C-029-2021
DocuSign Envelope ID: 8055737B- 2925-4D78-8044-5167FDB37CAE 521
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

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

8. Consultant’ s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period required by law, and such records shall be available at Consultant’ s address indicated from 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. 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 C-029-2021
DocuSign Envelope ID: 8055737B- 2925-4D78-8044-5167FDB37CAE 522
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-029-2021
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costs and expenses in connection therein), arising out of Consultant’ s performance of this Agreement or caused in any way by Consultant’ s negligence 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 the performance of work under 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 C-029-2021
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at least thirty ( 30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims- Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($ 1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims- made annual aggregate basis, or a combined single- limit per occurrence basis.

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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’ s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’ s under Consultant’ s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/ or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’ s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty ( 30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’ s insurance policies.

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The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

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

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’ s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: SierraCon, Inc. ATTN: Joe Stewart
PO Box 7171
South Lake Tahoe, CA 96158
530- 545-9570
https:// sierracon. biz
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 C-029-2021
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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. City acknowledges that CORE Construction is an approved subcontractor.

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

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure § 1094. 5, and as provided by law.

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

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

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall C-029-2021
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include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’ s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

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

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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.

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

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

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

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

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

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

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

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

CONSULTANT:

By ________________________________
Joe Stewart, Owner
Date _____________________________
Business License # ___________________
Date ________________________________
Date ________________________________
CITY OF SOUTH LAKE TAHOE:

By___________________________
Tamara Wallace, Mayor
Date __________________________
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By______________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti- Lobbying Certification
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3/ 22/ 2021
009926
532

EXHIBIT A

SCOPE OF SERVICES
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SECTION 3 - SAMPLE SCOPE OF WORK - PRE-CONSTRUCTION PHASE:

3.1 General: The Sample Scope described herein is not intended to define all duties and tasks required. The Sample Scope of Work is intended to relay the City’ s general intentions regarding minimum task requirements per phase. If any services, functions or responsibilities are not specifically described in this section, but are necessary for the proper performance and execution of the Services, they shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if specifically described herein. Proposer shall be solely responsible for the labor, supplies, materials, means, methods, techniques, sequences and procedures utilized to perform the Services in accordance with the Contract.

3.2 Meetings: Note: Due to the COVID19 Pandemic and safe practices protocol, all meetings shall be virtual until otherwise directed.

3.2.1 Conduct weekly meeting with Owner’ s representatives.

3.2.2 Attend two (2) monthly project meetings with Architect and Owner for duration of preconstruction services. Review meeting minutes and related documents for completeness and accuracy. Schematic Design and Design Development Phases ( pre- construction services) are estimated to be fourteen ( 14) months.

3.2.3 Attend up to six (6) public/ stakeholder meetings for duration of pre-construction services.

3.3 General Scope of Work:

3.3.1 Maintain project schedule and advise Owner of schedule issues/ concerns.

3.3.2 Monitor the development of the Design Drawings and Construction Documents and advise owner of feasibility, constructability, conflicts, constraints, and possible alternatives with respect to maintaining project budget.

3.3.3 Advise City team on proposed materiality, and finishes, site use and improvements, equipment and systems, including sustainable building elements. Propose alternatives with respect to maintaining project budget.

3.3.4 Provide recommendations on relative feasibility of construction methods required to produce project as designed and availability of materials and labor for such within the Lake Tahoe Region.

3.3.5 Advise City team on time requirements for procurement, installation, and construction of specialized architectural and mechanical elements including sustainable building components and elements as proposed in design documents. Advise City of potential long lead items that may cause construction schedule delays, provide alternatives if applicable.

3.3.6 Perform interdisciplinary reviews of the design documents and contract document submittals. Review plans and specifications for coordination and completeness. Identify construction details necessary to construct the project so as to avoid potential construction cost increases. Provide a written summary in a format acceptable to the Owner. Verify that the comments are incorporated into the contract documents if applicable.

3.3.7 Perform independent cost analysis of each of the Architects cost estimates utilizing local cost conditions calculated to mid-point of scheduled construction year of construction. At end of Design Development phase ( 95%) provide an independent cost estimate for construction of the entire project as designed including but not limited to all hard and soft costs required for C-029-2021
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commissioning of the facility utilizing local cost conditions. All preliminary, intermediate, and final cost estimates shall be used for comparative analysis against Architect’ s estimates and to establish project bid estimate.

3.3.8 Propose alternative designs or materials to design team on behalf of the Owner to maintain project budget/ schedule, and to generally construct project as designed.

3.3.9 Advise Owner and Design Team of site logistics including but not limited to: adequacy of access, site staging, lay down area( s), heavy construction equipment placement, de-watering ( if applicable), excavation protection ( piling, trench protection), temporary utility tie-ins, temporary facilities, and maintaining access to open adjacent facilities etc. Provide comments to design team for incorporation into design documents and specifications if applicable.

3.3.10 Coordinate Architects development of bid package with Owner during design development. Coordinate as the Owner’ s representative, all submittals and reviews to/from City Planning and Building Departments for purposes of satisfying pre-bid requirements. Ensure bid documents contain all necessary federal, state and local language with respect to funding and regulatory requirements.

3.3.11 Coordinate on behalf of the Owner, the Architect’ s progress towards completion of the Design Development phase including all required permitting and approvals required to advertise bid.

3.3.12 Produce preliminary construction schedule based on consultant’ s construction management experience with similarly designed projects in the Lake Tahoe Basin including grading limitations and environmental protections.

3.3.13 Assist Owner with verifying Architect’ s applications for payment

3.3.14 Assist Owner with project reporting as required for grants, permitting agencies, and regulatory agencies.

END OF SECTION.

SECTION 4 - SAMPLE SCOPE OF WORK – BIDDING PHASE:

4.1 General: The Sample Scope described herein is not intended to define all duties and tasks required. The Sample Scope of Work is intended to relay the City’ s general intentions regarding minimum task requirements per phase. If any services, functions or responsibilities are not specifically described in this section, but are necessary for the proper performance and execution of the Services, they shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if specifically described herein. Proposer shall be solely responsible for the labor, supplies, materials, means, methods, techniques, sequences and procedures utilized to perform the Services in accordance with the Contract.

4.2 Meetings: Note: Due to the COVID19 Pandemic and safe practices protocol, all meetings shall be virtual until otherwise directed.

4.2.1 Meetings:
a) Attend one ( 1) pre-bid meeting,
b) Attend one ( 1) bid opening meeting,
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c) Attend up to six (6) bid evaluation meetings with Owner/ Architect.

4.3 General Scope of work:

4.3.1 On behalf of Owner, review for completeness, approve and accept final bid documents from Architect and acknowledge to the Department of Public Works, the documents are acceptable for release. Verify all federal, state, and local language and documents are complete and in place.

4.3.2 Assist Owner with advertisement of bid including but not limited to: electronic notification, and local paper and trade journal notifications.

4.3.2 Act as Owner’ s representative in coordinating Requests for Information ( RFI) from bidder to Architect along with coordination of response. Document and file all communication.

4.3.3 Coordinate with Architect, the preparation and release of addenda as may be required during bid phase. If addenda may produce an increase in construction cost; provide cost analysis and recommend adjustment to project cost estimate as required. Establish party responsibility for potential cost increase.

4.3.4 Co-conduct pre-bid meeting with Owner and Architect. Review and Comment on meeting minutes produced by Architect. Track and review all questions and answers.

4.3.5 On behalf of Owner, attend bid opening as the Owner’ s Representative, log all meeting info, and coordinate bidder’ s requests for documents with Architect if applicable.

4.3.6 On behalf of Owner, log post bid questions and requests. Receive and process to Owner any public requests for documents.

4.3.7 Evaluate Bids in coordination with Architect and Department of Public Works Staff.

Create bid evaluation report. Verify project budget in relation to the three lowest and responsive bids.

4.3.8 Recommend in writing, the lowest responsive bidder to Owner. Provide analysis of bidder’ s submittal for use in City Council Award report.

END OF SECTION.

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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
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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:

Name, Title
By:________________________________________
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539
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement (C-029-2021) �ntered into on March 16, 2021, between the City of South Lake Tahoe, a municipal corporation ("CITY") and SierraCon/CORE ("CONSULTANT") is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read as follows:
m

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated March 16, 2021, this Amendment to the Agreement adds the work described within Exhibit A "Compensation Schedule", attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 1 to the Agreement.

2. Term/Time of Perforance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than May, 2025. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by May 2025 shall constitute a material breach of this Agreement as amended.

3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement is hereby increased with this Amendment No. 1 by the sum of $330,072 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $791,243 plus the additional fee of $330,072 for an amended total fee of $1,121,315 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 Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE CONSULTANT
:t:::<..

By: Devin Middlebrook (Jul 20, 2022 09:03 PDT) Jul20,2022 Devin Middlebrook, Mayor
APPROVED AS TO FORM:

IJwo
Heather Stroud (Jul 20, 2022 08:5S PDT)
Heather Stroud, City Attorney
L& Jul20,2022 .)
By------------
: (J
Joe Stewart
President - SierraCon/CORE
Business License # 009926
ATTEST:

Sue Blankenship (Jul 20, 2022 08:52 PDT) Jul20,2022
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.

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City of South Lake Tahoe Recreation & Aquatic Center
City of South Lake Tahoe
Jim Marino
Capital Improvement Program and Facilities Program Manager Department of Public Works
17 40 D Street
South Lake Tahoe, CA 96150
RE: Recreation & Aquatic Center CM/PM Services Proposal Dear Mr. Marino,
May 25, 2022
SierraCon, Inc./ CORE Construction (SierraCon) is appreciative of the opportunity to provide the City of South Lake Tahoe (CSL T) this proposal for Construction Management/Project Management (CM/PM) professional services for the upcoming Recreation & Aquatic Center project. This proposal serves as the basis of understanding for the Recreation & Aquatic Center project parameters and SierraCon's scope of work to be provided.

1. PROJECT PARAMETERS & SCOPE OF WORK
The City of South Lake Tahoe new Recreation & Aquatic Center project is to be executed in two phases: Phase 1 - Site Work and Utility Relocation and Phase 2 - Building Construction and Final Site work. The project's bidding period for Phase 1 is from May 5, 2022 to May 27, 2022 with a construction Notice to Proceed (NTP) anticipated on June 22, 2022 substantial completion of the project no later than October 15, 2022, and final completion no later than November 1, 2022. The project's bidding period for Phase 2 is anticipated to commence in August of 2022 and be completed in September, 2022 with a construction Notice to Proceed (NTP) anticipated in October, 2022, substantial completion of the project no later than October, 2024, and final completion no later than November, 2024. SierraCon anticipates contract approval at the June 22, 2022 City Council meeting and beginning on-site services June 27, 2022 for Phase 1. Phase 1 on-site construction management duties are anticipated to end by November 1, 2022. Phase 2 on-site construction management duties are anticipated to start on November 1, 2022 and end on November 1, 2024. SierraCon has included a TASK for assisting with additional closeout for 3 months, through January, 2025.

2. SCOPE OF WORK
Construction Management is a professional service available with a goal of helping facilitate a project to it's completion, while enforcing contract documents, documenting the process, mitigating risk for the owner, and providing quality assurance in the field. By providing the experienced, skilled professionals to augment CSL T, SierraCon will pay continuing attention to critical details throughout the project to better ensure success. SierraCon will act as advisors to CSL T, and in the field, and coordinate with the General Contractor(s), A/E team and CSL T to better assure project progress and accountability. SierraCon's scope of work is based on the following direction from CSL T:

Manage Building and Site Construction on behalf of CSL T in Phase 1 and Phase 2 - a) Daily On-Site Construction Activity and Oversight, including but not limited to:
~ 1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022
Exhibit A
541
City of South Lake Tahoe Recreation & Aquatic Center
Being completely familiar with Contract Documents - Plans, Specifications, Contracts, Manufacturers Recommendations, etc. prior to start of construction
Providing oversight of Contract Plans, Specifications, Contracts, Shop Drawings, RFl's, CO's, Force Accounts, etc. during construction Complete Project Documentation including Daily Reports, Noted Deficiencies, Photo Logs, Issues Tracking, Communications, All A/E Correspondence, etc. - in software system independent of contractor documents Coordination and Communication with A/E, with the understanding that the A/E is also an owner's onsite representative, for all design code and specification questions, exceptions, clarifications, etc.

Coordination of Special Inspection (Material Testing, Performance Compliance Specifications, etc.). Requirements/Review Testing Results - Notify team of any deficiencies
Coordination with Design Team for anything effecting design interpretations/ recommendations/changes
Identify any material delivery out of sequence
Observe and document actual progress versus estimated progress, record and report conditions that may cause a delay in completion of work. Provide monthly executive summary report to Owner.
- Attend Weekly Progress Meetings, and additional project meetings as needed/ requested
- Assist with IT/FF&E Coordination (contracted through CSL T) Monitor Contractor & A/E Punchlist
Receive and Review (In Conjunction with A/E) O&M Manuals Receive and Review (In Conjunction with A/E) As-Built Drawings Complete Project Closeout Documents, Reviews etc. (In Conjunction with A/E)
- Attend One Year Warranty Walk (In Conjunction with A/E) b) Coordinate as necessary, with El Dorado County Library and neighboring City of South Lake Tahoe campground and maintenance facility operations. c) Schedule review and management, including but not limited to, tasks, logic, resource loading, pay applications/invoicing, overall progress, recovery, etc. d) Shop Drawing/RFI/Submittal/CO/ASI/CCD/CR Reviews (In Conjunction with A/E) e) Review and coordinate with architect Pay Applications/Invoices. f) Receive and review for DIR prevailing wage compliance, as prepared and managed by General Contractors.
g) Coordination of Jurisdictional Requirements
h) All Project Communications and Coordination with CSL T Project Manager i) Change Management Analysis and Recommendations - processing, tracking & coordination included
j) Scheduling, Attending and Writing of Meeting Minutes for weekly OAC meetings. k) Contract and provide coordination with UNVC for Commission Agent and Commissioning Inspections based on UNVC proposal for Systems and Enclosures Commissioning dated 3/22/22, and the specific terms listed below:

Based on the requirements of the specifications, failed tests typically require additional testing to meet performance goals. These tests will be billed to the client. It is the client's responsibility to then bill the appropriate parties. - Assumes free and clear access to the test areas, and lifts and/or scaffolding as required to fully access the interior and exterior of the test specimens. ~ 1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022 542
City of South Lake Tahoe Recreation & Aquatic Center
- Assumes a water source will be available and capable of providing 5 gallons of water per hour per square foot of the test specimen (within 200 ft of the test area).
- Assumes a 110-volt power supply will be available (within 100 ft of the test area)

3. RATE SCHEDULE
Pro·ect Director I Executive
Director of Field O erations
Assist. Constr er
Field
Pro·ect Accountant
General Su erintendent
MEP Mana er
er
Phase 1
2022
325
250
165
145
165
165
140
125
215
210
160
Phase 2
2023 / 2024
345
265
175
154
175
175
148
133
228
223
170

4. ASSUMPTIONS, EXCLUSIONS, AND TERMS OF AGREEMENT
Assumptions -
•
•
•
•
Adequate location provided for SierraCon's job site office trailer to be placed on site with access to power, internet, and staff parking.

Full access to site to be provided during working hours and when general contractor is on-site
Base contract for Phase 1 is approximately 3.5 months (NTP to Substantial Completion) starting in June, 2022 and Phase 1 is approximately 23 months (NTP to Substantial Completion) starting in November, 2022, plus an additional month of administration assistance only for closeout.

If the construction schedule is delayed, SierraCon reserves the right to adjust the Rate Schedule.

Exclusions -
• Procurement and management of special inspections - field coordination included • Procurement and management of FF&E purchase and installation - field coordination included
~ 1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022 543
City of South Lake Tahoe Recreation & Aquatic Center
• Procurement and management of SWPPP compliance consultant & inspections - field coordination included
• Management of NE contract - field coordination included • Management of general contractor(s) contract - field coordination included • Overtime (Above allowance included in fee proposal)
Terms of Agreement -
• Time and material backup to be provided with invoice
•
•
SierraCon invoice not tied to general contractor pay application approval Owner requested additional services can be performed on T&M basis, based on rates included in this proposal
• Overtime rates are at time and a half plus added vehicle burden at straight time o SierraCon has included an Allowance for Overtime within the contract values. ~10% of base scope hours.
• If additional analysis of cost and/or schedule change management is required due to a dispute or claim, the work is to be completed as a change order to SierraCon to provide support on T&M basis, based on rates included in this proposal.

5. FEE SUMMARY

TASK COST
Phase 1 Base Scope of Work: $299,210
Phase 1 Scope Allowance Tasks: $30,862
Phase 1 Base+ Allowances Total: $330,072
Phase 2 Base Scope of Work: $2,585,502
Phase 2 Scope Allowance Tasks: $936,158
Phase 2 Base+ Allowances Total: $3,521,660
TOTAL BASE + ALLOWANCES: $3,851,732
Refer to Exhibit A's, attached to this proposal, for detailed breakdown of proposed fee.

Sincerely,
Joe Stewart
President
~ 1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022 544
EXHIBIT A - Cit of Soutfl Lal<e Tafloe Recreation ancl A uatic Center - PHASE 1

TOTAL MONTHLY SCHEDULE/ HOURS

ANTICIPATED TASK STAFF CLASSIFICATION
HOURLY
RATE
TASK •
HOURS ------lmllmll!IE!l
Construction
lllmll

BASE SCOPE OF WORK (MANAGEMENT)
Project Director $325 71 4 17 17 17 17
Construction Manager $165 356 20 84 84 84 84
Construction Management - On-Site
Asst. Construction Manager $145 356 20 84 84 84 84
Management
Field Engineer/ Super $165 528 24 126 126 126 126
(Construction Oversight Through Closeout) Director of Field Operations $250 71 4 17 17 17 17 Project Accountant $125 71 4 17 17 17 17 (June 22, 2022 - November 1, 2022) TASK COST $247,320
BASE SoW (MANAGEMENT) - SUBTOTAL $247,320
BASE SCOt"t Ut- WOKK (l.UNSUI\J!!'1Z11-,1
Document Control, Printing & Reproduction Costs $6,720
Vehicles Expenses $12,180
Software: ProCore / Bluebeam / Video Conference $8,700
Jobsite Trailer Office $20,310
Jobsite Toilets & Wash Facilities (for CM Team) $1,880
Photography and Construction Records $2,100
BASE SoW (CONSUMABLES) - SUBTOTAL $51,890

SCOPE ALLOWANCES
Construction Manager $248 36 2 8 8 8 8
Asst. Construction Manager $218 36 2 8 8 8 8
Overtime if Requested/ Required
Field Engineer/ Super $248 53 2 13 13 13 13
(Allowance ~10%) Vehicles $10 124 6 29 29 29 29
TASK COST $30,862
SCOPE ALLOWANCES - SUBTOTAL $30,862
C-107-2022 545
C-107-2022 SierraConCore
Final Audit Report 2022-07-20
Created: 2022-07-20
By: jo Mcdonough [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAHoMWK2mnr4cNchHGfkpKebNa-bkrlwf7 "C-107-2022 Sierra Con Core" History
t'.:I Document created by jo Mcdonough [email protected]) 2022-07-20 - 3:40:20 PM GMT- IP address: 128.92.136.146 � Document emailed to Sue Blankenship ([email protected]) for signature 2022-07-20 - 3:42:17 PM GMT
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0o Document e-signed by Joe Stewart [email protected]) Signature Date: 2022-07-20 - 9:28:03 PM GMT -Time Source: server- IP address: 47.33.29.150 9 Agreement completed.
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547
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 14, 2023
Agenda Item #: 19
Agenda Item: Amendment 6 to Agreement for Architectural and Engineering Services with Jordan Knighton Architecture Engineering for the Multigenerational Recreation and Aquatics Center Executive Summary: In January 2023, staff met with the project construction management consultant, Jordan Knighton Architecture Engineering, to discuss modifying their original scope of work for tasks associated with re-bidding the project. In February 2023, staff received a proposal in the amount of $144,550 for the proposed scoped of work. To move forward with the above-mentioned scope change, the Department will need to formally amend the Professional Services Agreement (Attachment 02) via City Council Approval.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor Pro Tem to execute Amendment 6 to the Professional Services Agreement with Jordan Knighton Architecture Engineering for an additional $144,550 and total not-to-exceed amount of $4,951,383 for added scope of services for the Multigenerational Recreation and Aquatics Center.

CEQA Determination: On January 18, 2022, the City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreation and Aquatics Center (State Clearinghouse file No. 2021120206) and filed the Notice of Determination filed with the El Dorado County Clerk on January 19, 2022. This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines 15162.

Responsible Staff Member: Jim Marino, Capital Improvements Project Manager Responsible Staff Member: Jim Marino, Capital Improvements Project Manager (530) 542-6027 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Amendment 6 to Agreement with JKAE.docx 02-Amendment 6 to Agreement with JKAE.doc
03-Exh. A to Amendment 6
04-C-084-2020 JK Architecural Eng. for Rec Ctr.pdf
05-C-010-2021 Amendment 1 to Agreement with JK Architecture Engineering.pdf 06-C-108-2021 Amendment 2 and 4 to Agreement with JK Architecture 07-C-106-2022 Amendment 5 to Agreement with Jordan Knight Architects.pdf 548
Council Agenda Report March 14, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: March 14, 2023
Title: Amendment 6 to Professional Services Agreement for Architectural and Engineering Services with Jordan Knighton Architecture Engineering for the Recreation and Aquatics Center
Location: 1176 Rufus Allen Boulevard
Responsible Staff Member: Jim Marino, Capital Improvements Manager (530) 542-6027 Background: At the July 28th 2020 City Council Meeting, City Council approved a Professional Services Agreement (C-084-2020) with Jordan Knighton Architecture and Engineering (JKAE) in the amount of $2,535,080 for architectural and engineering design services for the proposed recreation and aquatics center. At the February 2, 2021 City Council Meeting the Contract was amended (Amendment 01) to include A/E Services for an increased project scope and facility size and value in the amount of $1,193,328. At the September 7th, 2021 City Council meeting the contract was again amended (Amendments 02 and 04) to include A/E services for the new location of the project in the amount $193,007. At the June 21st, 2022 City Council Meeting, the Contract was again amended (Amendment 05) for Construction Administration services in conjunction with the construction award of Phase 1 of the Rec Center Project construction in the amount of $885,428 and including future phase 2 construction administration. Note: JKAE Amendment 03 was not considered by city staff for award.

Issue and Discussion: In January 2023, staff met with the project design consultant; JK Architecture and Engineering (JKAE) to discuss modifying their original scope of work for tasks associated with re-bidding the project. In February 2022, staff received a proposal in the amount of $144,550 for the proposed scoped of work. To move forward with the above-mentioned scope change, the Department will need to formally amend the Professional Services Agreement (Attachment 02 – Amendment 006) via City Council Approval.

The general scope of work provided by JKAE is as shown below and detailed in Attachment 03.  Repackage the bid set so that it shows no reference to Phase 1 or Phase 2. The repackaged set shall show all completed Phase 1 work as “existing”. References to a “phased” project shall be removed from the set.
 Specifications shall clearly state “or approved equal”.  Per the request of the local fire authority, a fire lane shall be added to the design that connects the new parking lot/fire lane to the existing bike path on the NW portion of the site.
549
Council Agenda Report March 14, 2023 Page 2 of 3
 Value Engineering (VE) process to identify a list of approximately 15 items for the City’s approval to be removed from the drawing set or converted to bid alternates. The VE process shall:
o Provide value of at least 5:1 cost benefit of the estimated construction cost savings to design team fee for revision.
o Not reduce overall program area or previously approved program uses. o Not require a revision to the TRPA approved project design including exterior elevations, building height, coverage, or materials/color selections. o Not incorporate items that require systems re-engineering or plan check/permit revision. Note that even finish revisions can trigger plan check review for ADA access compliance or Health Department. Additional plan review efforts would be handled on an additional Time & Materials basis. Schedule & Fee o Design team transmits repackaged set to client and to third-party building plan check team. Third-party plan checker anticipates their plan review to be complete in about 2 weeks.
 Process: Client/CM will provide one set of review comments only. Process does not include progress sets. Design team will work through any plan check comments via a “back check” meeting to reduce duration of final plan approval.
 Design team will also transmit repackaged set to utility companies and Public Works Dept. during this period.

Financial Implications: It is the recommendation of staff; City Council move to approve Amendment 06 for the JKAE Professional Services Agreement in the total amount of $144,550.

Table A below details the contract amendments to date.

JKAE Contract C-084-2020
Base Contract (7/28/20) $2,535,080.00
Amendment 01 (2/2/21) Scope changes due to
larger facility design
$1,193,328.00
Amendment 02 & 04
(3/14/23)
Scope changes due to
project relocation to
another site at 56 Acres
$193,007.00
Amendment 05 Construction
Administration Services
for facility construction
phases 1& 2
$885,428.00
Amendment 06 Scope changes required
for re-bidding the project
$144,550.00
Proposed Contract Total $4,951,393.00
Table A – JKAE Amendments to date.

Additional expenditure appropriations are not requested at this time. Since Phase 2 construction administration funding previously appropriated as part of Amendment 05 has not been utilized, sufficient funding is available within the project account 301 60018 48020 to support Amendment 06 with JKAE. The full project funding and cost reconciliation will be presented as part of the next project update.
550
Council Agenda Report March 14, 2023 Page 3 of 3
Environmental Considerations: On January 18, 2022, the City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreation and Aquatics Center (State Clearinghouse file No. 2021120206) and filed the Notice of Determination filed with the El Dorado County Clerk on January 19, 2022. This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines 15162.

Policy Implications: There are no anticipated policy implications with this request. 551
City of South Lake Tahoe – JKAE
PSA Amendment No. 006 to Master Agreement
AMENDMENT 6 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement entered into on July 28, 2020, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and JK Architectural Engineering (JKAE) (“CONSULTANT”) is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read as follows:

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated July 28, 2020, this Amendment to the Agreement adds the work described within Exhibit A “Compensation Schedule”, attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 006 to the Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than October, 2026. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by October 2026 shall constitute a material breach of this Agreement as amended.

3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement is hereby increased with this Amendment No. 006 by the sum of $144,550 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $4,806,843 plus the additional fee of $144,550 for an amended total fee of $4,951,353 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 Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Pro-tem Jordan Knighton
Partner JKAE
Business License # 008282

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 552
City of South Lake Tahoe – JKAE
PSA Amendment No. 006 to Master Agreement
553
AUBURN | TAHOE CITY | RENO | SAN JOSE
165 River Road, Suite 1, Tahoe City, CA 96145 530.583.9222 www.jkaedesign.com IMAGINE | DESIGN | CREATE

LETTER OF AUTHORIZATION TO PROCEED
Additional Service 02 – Bid Set Repackage/Project Rebid/Value Engineering DATE: February 20, 2023
CLIENT: City of South Lake Tahoe, Attn. Jim Marino
JOB#: 20-370
PROJECT: Recreation Center

PROJECT ADDITIONAL SERVICE
In accordance with the Professional Services Agreement for the above-mentioned project, dated July 28, 2020, and previous project amendments, this Letter of Authorization to Proceed confirms the following additional service to the contract:

Additional Service 02 – Bid Set Repackage/Project Rebid/Value Engineering:

The summer 2022 construction of Phase 1 site work has been substantially completed. Phase 2 building and remainder of site work will go out to rebid in early May of 2023. Client has requested that design team repackage the bid set so that it shows no reference to Phase 1 or Phase 2. The repackaged set shall show all completed Phase 1 work as “existing”.

References to a “phased” project shall be removed from the set. Specifications shall clearly state “or approved equal”. Per the request of the local fire authority, a fire lane shall be added to the design that connects the new parking lot/fire lane to the existing bike path on the NW portion of the site. In addition, the design team shall undertake a Value Engineering (VE) process to identify a list of approximately 15 items for the City’s approval to be removed from the drawing set or converted to bid alternates. The VE process shall:
• Provide value of at least 5:1 cost benefit of the estimated construction cost savings to design team fee for revision. • Not reduce overall program area or previously approved program uses. • Not require a revision to the TRPA approved project design including exterior elevations, building height, coverage, or materials/color selections.
• Not include cost estimating. Any cost evaluation for the proposed VE items shall be performed by the CM team. • Not incorporate items that require systems re-engineering or plan check/permit revision. Note that even finish revisions can trigger plan check review for ADA access compliance or Health Department. Additional plan review efforts would be handled on an additional Time & Materials basis.

Schedule & Fee
• Contingent upon approval by Client and design team is authorized to proceed by end of day Tuesday, February

28. Any delay in this approval/notice to proceed date will delay the deliverable schedules below. • Bid Set Repackaging (CD Phase)
o Schedule: Design team completes effort by Friday, March 31, 2023 (4 weeks). ▪ Design team transmits repackaged set to client and to third-party building plan check team.

Third-party plan checker anticipates their plan review to be complete in about 2 weeks. o Process: Client/CM will provide one set of review comments only. Process does not include progress sets. Design team will work through any plan check comments via a “back check” meeting to reduce duration of final plan approval. Design team will also transmit repackaged set to utility companies and Public Works Dept. during this period.
o Fee: Fixed Fee of $71,750
• Value Engineering (CD Phase)
o Schedule: Design team provides list of VE items by Wednesday, March 8, 2023 (2 weeks). Client approves items for design/drawing revisions by Friday, March 10, 2023 (2 days). 554
City of South Lake Tahoe Rec Center – Add 02 Page | 2 of 2 ▪ Design team completes VE effort by Friday, March 31, 2023 (3 weeks) and includes in repackaged set (above).
o Fee: Hourly Not to Exceed Fee of $24,000
• Rebid of Repackaged Set (Bid Phase)
o Schedule: Design team supports rebid of project which is anticipated to take approximately 60 calendar days from May 1, 2023 to the end of June 2023. o Fee: Fixed Fee of $48,800
▪ Note: This represents the previously established bid phase fee for the Phase 2 scope of work only. Reminder that the overall bid phase fee was previously broken up as 20% Phase 1 site work and 80% Phase 2 buildng and remaining site work. The additional fixed fee above represents the 80% portion of the bid phase fee minus an additional goodfaith fee reduction of 10%.

FEE ADJUSTMENT
Services Current
(Includes Amendments 1-5)
Adjustments Revised
Programming & Concept Design $ 372,030.00 - $ 372,030.00 Schematic Design $ 655,750.00 - $ 655,750.00
Design Development $ 1,234,062.00 - $ 1,234,062.00
Construction Documents $ 1,385,979.00 - $ 1,385,979.00
Agency Review $ 205,705.00 - $ 205,705.00
Bid Support $ 67,889.00 - $ 67,889.00
Construction Administration (20%) $ 171,085.60 - $ 171,085.60 Construction Administration (80%) $ 684,342.40 $ 684,342.40 Add Service 01: LEED IP $ 8,800.00 - $ 8,800.00
Add Service 02: Repackage/Rebid/VE - $ 144,550.00 $ 144,550.00 TOTALS $ 4,785,643.00 $ 144,550.00 $ 4,930,193.00
CONTRACT NOTE:

Other than the revised scope and fees as outlined above, nothing in this additional service is intended to amend or revise any of the contract provisions for the executed Professional Services Agreement.

Please review and let me know if you have any questions.

Sincerely: Approved:
________________________________________ ___________________________________________ Chris Vicencio, Partner, C26985 Client Date
JK Architecture Engineering
___________________________________________
Print Name/Title
555
r

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 281h day of July 2020 by and between the City of South Lake Tahoe, a municipal corporation (" City") and JK Architectural Engineering (" 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
l. 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.

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, outlines the fees and compensation which shall be paid pursuant to this Agreement.

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

C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 556

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit A which is attached hereto and incorporated herein by reference. In no event shall Consultant' s compensation, including travel and out-of-pocket expenses, exceed 2,535,080 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. Additional services and compensation to be mutually agreed upon.

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

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 557
for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

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

8. Consultant' s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period required by law, from records shall be available at Consultant' s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant' s business, City may, by written request by any of the above-namedofficers, 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 C-084-2020
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shall be granted to any party authorized by Consultant, Consultant' s representatives, or Consultant' s successor- in-interest.

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

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.
l 0. 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( 0) (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 care ordinarily to be expected of competent professionals in Consultant' s field of expertise.

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect ( including any and all C-084-2020
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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 C-084-2020
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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.

11. 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. 1v. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims- made annual aggregate basis, or a combined single- limit per occurrence basis.

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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best' s rating of no less than A:VII and shall be endorsed with the following specific language:

1. 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.

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without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant' s standard 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 C-084-2020
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Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 ( Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 ( a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355( b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person' s or organization' s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
1v. 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.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit B. Further, Consultant shall require that the language of the certification in Exhibit B be included in all contracts or C-084-2020
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subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

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

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

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

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

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

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

CITY OF SOUTH LAKE TAHOE:

Mayor, Jason Collin
APPROVED AS TO FORM:

By cz../:; a
City Attorney
ATTEST:

Attachments:

CONSULTANT:
rdan Knighton, Partner
Business License # ______ _
Exhibit A - Scope of Services
Exhibit B - Anti-Lobbying Certification
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ Mayor, Jason Collin Jordan Knighton, Partner
Business License # __________________
APPROVED AS TO FORM:

By____________________________
City Attorney, Heather Stroud
ATTEST:

By____________________________
City Clerk , Susan Blankenship
Attachments:

Exhibit A – Scope of Services
Exhibit B - Anti-Lobbying Certification
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EXHIBIT A

SCOPE OF SERVICES - RECREATION CENTER A&E SERVICES

JK ARCHITECTURAL ENGINEERING
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JK ARCHITECTURE

INTRODUCTION
July 21, 2020
Jim Marino
Capital Improvements Project Manager
Department of Public Works
1052 Tata Lane
South Lake Tahoe, CA 96150
jmarino@cityofslt. us
Jim,
We are delighted to provide you with our professional services proposal for the design and engineering of the City of South Lake Tahoe Recreation/ Aquatic Complex. The JKAE/ BRS team is excited to have the opportunity to collaborate with the City and community on a journey to IMAGINE, DESIGN, and CREATE an exceptional new facility that is inspiring as well as uplifting and that meets and exceeds the expectations of City of South Lake Tahoe community.

We have put together a comprehensive proposal that outlines the proposed Project Approach, Scope of Work, comprehensive Fee, and detailed Schedule for the project. We understand that every project is a journey of sorts and that the City of South Lake Tahoe began this visioning process several years ago. As such we will continue to jump in to understand and incorporate the past history of the site and project. In addition, we will be working collaboratively with your master- planning team to dovetail our site and building design process with that of the master- planning effort for the larger 56 acre park master plan that will move ahead concurrently with our process ..

We believe we have put together an efficient and cost- effective design approach that will allow for extensive and productive community engagement, while confirming that the end result is a facility that helps to define the future vision of the City and the community. Our team is prepared to move forward with a process that we believe will be fulfilling and highly collaborative. We understand that the City will benefit by having a trusted advisor who brings decades of experience in community process, public sector design, and recreation center design. We place a high value on the trust the City is placing in our team. and we take that to heart. We will endeavor to continue to build upon that trust over the coming months and years to help deliver a phenomenal new facility, with all the incredible experiences that it will offer for the community and visitors of the City of South Lake Tahoe.

Please review the materials we have provided and let us know your questions and comments. There is a lot to absorb and we would therefore like to walk through this proposal with you in detail to answer your questions.

Sincerely,
Jordan Knighton, AIA Katie Barnes, AIA
Partner JK Architecture Engineering
C-15848
Managing Partner, Barker Rinker Seacat Architecture

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 I 165 River Road, Tahoe City, CA 96145 530. 583. 9222 www.jkaedesign. com C-084-2020
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JK ARCHITECTURE

PROJECT APPROACH
For your review and input, we have prepared a Preliminary Work Plan based upon our expertise in delivering master planning and design of civic recreational and aquatic facilities. Each project we design evolves and is adjusted through the collaboration of our team and clients to assure that our process and deliverables meet your Form, Function, Time (Schedule), Economy ( Budget), and Sustainable goals and constraints. We have developed the following project approach to define the various phases of the City of South Lake Tahoe Recreation Center project that will be required through the duration of the project.

To achieve these goals the following is a summary of our collaborative planning, design, and construction support process:

T S E
E::,..,
Program Verification & Conceptual Design
Project Program
Support Master Planning effort by others
Site Analysis & Determination
Conceptual Design
Schematic Design - Agency Review
Schematic Design
Design Development
Construction Documents
Agency Review
Bid & Construction Services
Bid Support
Construction Administration Services
Project Closeout Support

SCOPE OF WORK UNDERSTANDING I PROJECT OVERVIEW
JKAE Architecture Engineering and Barker Rinker Seacat Architecture ( JKAE/ BRS) have prepared the following scope of services and fee proposal to assist the City of South Lake Tahoe with the program for your new Recreation and Aquatics Center. We will collaborate with your master- planning team to develop a program and site/building concept for the new facility.

Construction Budget: $ 24M
Note the current soft- cost allocation is $6M for a total Project Budget of $30M. (to be confirmed during program development).

Project Requirements: New Recreation and Aquatics Center potentially including the following ( to be confirmed to align with allowable budget):

Leisure and Competition Aquatics Space
WorkouUFitness Space
Two to Four- Court Gymnasium
Elevated Gymnasium Running Track
Meeting and Classroom Space
Multi- Purpose Space
Senior Activities Space
Commercial Kitchen and Food Preparation Areas
Office/ Administration Space
Mechanical Areas
Civil/Site Design Including
Topographic Survey
Geotechnical & Hydrological Reports
Land Coverage Calculations
Parking Improvements
Ingress/ Egress Roads

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530. 583. 9222 www. jkaedesign. com C-084-2020
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JK ARCHITECTURE
I
T
Stormwater Improvements
Site Lighting, as determined by Electrical Engineer
ADA Accessibility
Pedestrian Walkways & Signage
Landscaping and Hardscape, as determined by Landscape Architect Consultants/ Engineering ( Base Services):

Civil Engineer ( JKAE)
Landscape Design ( Design Workshop)
Structural ( Buehler Engineering)
Aquatic Design ( Aquatic Design Group)
Mechanical/ Plumbing/ Fire Sprinkler ( Capital Engineering) Electrical/ Lighting/ Low Voltage/ Fire Alarm ( The Engineering Enterprise) Kitchen Design ( AMO Kitchen Design)
Acoustic ( Bollard Acoustical)
Cost Estimating ( Cumming Corp)
Sustainable Design ( Supplemental Services)
LEED Consulting Services (Ambient- e)
LEED Gold minimum preferred
Other Services ( Supplemental Services)
Geotechnical Engineering/ Study ( NV5)
Topographic Survey (Psomas. formerly Andregg)
TrafficStudy (LSC)
TRPA Support ( JKAE)
CEQA Support ( Ascent Environmental. Inc.)
Project Goals:

The Recreation Center Project is a community- driven project in which the City of South Lake Tahoe desires to create a significant recreation and aquatics facility that strives to be; sustainable, architecturally relevant to the surroundings, easily accessible, multi- functional, and environmentally responsible.

1.1 PROJECT PROGRAM VERIFICATION, PRE-DESIGN, AND COLLABORATION WITH MASTER-PLANNING TEAM JKAE/BRS will work collaboratively with the City of South Lake Tahoe to refine and finalize the project program.

A. General Approach:

1. Facilitate a City Project Team ( CPT) Kickoff Meeting with participants as identified by the City to define roles and responsibilities and confirm the planning process approach and project schedule. Develop and issue meeting notes for one (1) kickoff meeting, two ( 2) anticipated Stakeholder Interviews.

2. Existing facilities on the site are not anticipated to be a part of the project. Should existing facilities become included in the project. City to compile and make available to the design team as-built information of the existing facilities, provided by Owner, including original construction drawings and upgrades that have occurred over time.

3. Review pertinent codes and zoning to understand code and land- use constraints of the project.

4. Review background information such as previous topographic maps, and geotechnical studies as well as comprehensive review of previous concepts, reports. site history, master plans, and community plans. Prior programming, planning and design studies for the site shall be provided by the City.

5. Visit the site to visually assess the existing site conditions such as access and circulation, views, sun exposure. relationship of structures, adjacent properties, etc.

6. Regular communication and coordination with City and the Master Planning Consultant, Design Workshop throughout the planning process.

B. Program Goals:

Kick- Off Meeting with SLT Recreation Manager to develop initial program building upon prior community goals and establish the basis of new community outreach and validation.

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530. 583.9222 www. jkaedesign. com C-084-2020
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JK ARCHITECTURE
C. Community Outreach I Public Meeting Process:

The JKAE/ BRS team will collaborate with the City Project Team ( CPT) and Design Workshop at the outset of the project to "right size" the quantity, scheduling and format of public meetings to align with the City's goals for this process. JKAE/ BRS will facilitate public meetings with the goal of gathering community input and context, as well as actively informing the community regarding the project' s schedule, program and design.

Public meetings can be held in-person and/or virtually.

We recommend a project Vision and Conditions of Satisfaction be shared at the beginning of each public meeting.

Programming exercises in the first public meeting allow the community to participate in prioritizing what can be accomplished with the funds available. Our program prioritization exercise, called "DotOcracy", includes a voting process as well as a solicitation of comments.

Concept renderings and informational materials will be provided at community meetings and on the project website.

D. Facility Operations Analysis
The JKAE/BRS team will provide services related to program element and capital and operation cost analyses based on city cost recovery philosophy, budgets for expense and revenue projections, staffing, operating hours and scheduling, attendance estimates, fee structures and maintenance plans.

E. Meetings and Workshops: (all meetings to be coordinated with Park Master Plan Team, as appropriate) The project design schedule is organized around key Client Workshops. Workshop attendees will include the City Project Team ( CPT) and the JKAE/BRS team as well as Design Workshop and any other appropriate consultants at specific engagement points. BRS' Owner Decision Matrix identifies all Workshop agenda items including each client team decision.

City Project Team ( CPT) Kick- Off Meeting
City Project Team ( CPT) Workshops: Five ( 5) anticipated ( to be confirmed) TRPA Pre-Development Meeting: One ( 1) - Refer to Section 3.1.A Agency Permit Review - TRPA for additional information
Initial coordination with TRPA for land capability verification, existing coverage verification, and identification of potential site constraints for consideration during the site selection process SLT Planning Department Pre-Development Meeting: One (1) Stakeholder Interviews: One ( 1)
Stakeholder Review Meeting: One ( 1)
City Project Team (CPT) Check- In Calls ( between Workshops) - Six (6) proposed, as needed Public Meetings: Three ( 3) anticipated
Parks Board I SLT Planning Commission Presentation: One Joint ( 1) City Council Presentation: One ( 1)
F. Deliverables:

Non- statistically valid online public survey results and analysis Project specific website
Public feedback results and analysis
Preliminary code analysis
Preliminary site analysis
Project program summary
Establish master- plan level design options
Meeting minutes
Preliminary- design level basis of design report
G. Cost Estimate: Preliminary- design level cost estimate H. Programming Phase Note: The Programming Phase includes the engagement of the park master plan team in a collaborative community process achieving relevant efficiency. In the event the park master plan process does not proceed, a contract adjustment will be negotiated to accommodate said change to the process.

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530. 583. 9222 www.jkaedesign. com C-084-2020
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JK ARCHITECTURE

2.1 SCHEMATIC DESIGN
A. General Approach:

Establish an overall design direction and prepare and submit Schematic Design Documents illustrating the scale and relationship of project components. We will submit a program and estimate for the cost of the work along with Schematic Design Documents and Schedule to the City for review and approval. The City will provide written approval of the scope that they agree to move forward with into the Design Development Phase that meets the approved construction budget. Scope areas that are outside of the allowed budget will be carried as add alternates through Schematic Design but will not be developed further than the Schematic Design level. The information will be available for future design and documentation as an additional service when project funding is available.

B. Meetings and Workshops:

City Project Team ( CPT) Workshops: Three ( 3)
CPT Check- In Calls ( between Workshops): Four ( 4) proposed, as needed Permitting Agencies: South Lake Tahoe Planning Review. Two ( 2) meetings.

Public Meetings: One ( 1)
C. Deliverables: Schematic Design Package including preliminary code review, site plan, floor plans, schematic pool plans and sections, building sections, exterior elevations, exterior three- dimensional renderings, color palette, interior design narrative and initial LEED score card. Schematic Design plans will include preliminary site layout & utilities, grading, landscaping and coverage calculations, per TRPA requirements.

0. Cost Estimate: Schematic- Design level cost estimate.

2.2 DESIGN DEVELOPMENT
A. General Approach:•
Develop the approvedSchematic Design Documents for the preferredprojectsite to fixand describe the size and character of the projectas to architectural, structural. mechanical and electrical systems. aquatic, landscape and civil site development. Develop design-development level specifications ( CS/ format). Consider the value of alternativematerials. building systems and equipment, together with other considerations based on program and aesthetics.

B. Meetings:

CPT Workshops: Three ( 3)
CPT Check- In Calls ( between Workshops): Five ( 5) proposed, as needed Permitting Agencies: TRPA
Public Meetings: None
Rec Board I SLT Planning Commission Meeting: One ( 1)
C. Deliverables: Design- Development Package including architectural and all engineering disciplines to include code analysis updates, site plan, floor plans, roof plans, reflected ceiling plans, enlarged plans building sections, wall sections, partition types interior and exterior elevations, interior design materials selections and finishes, preliminary details, furnishing and fixture schedules, color palette, interior design narrative and LEED score card.

Civil Design Development plans will include preliminary site layout & utilities, grading & drainage, temporary and permanent BMPs, coverage calculations, construction notes and details. A preliminary Drainage Report will also be prepared. The Design Development package will be used for CEQA and TRPA submittals. Requested design revisions after work under this task begins will be considered Additional Services and billed on a Time and Materials basis.

D. Cost Estimate: Design- Development level cost estimate at 100% DD.

Include soft- cost estimate for furnishings, fixtures, gym equipment, and other misc. equipment

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 I 165 River Road. Tahoe City, CA 96145 530.583.9222 www.jkaedesign. com C-084-2020
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JK ARCHITECTURE

2.3 CONSTRUCTION DOCUMENTS
A. General Approach:

Finalize the approved Design Development Documents, including architectural and all engineering disciplines, to a level satisfactory for permitting and bidding. Develop Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. Incorporate design requirements of governmental authorities having jurisdiction. Assist the City in the development and preparation of bidding and procurement information, the form of agreement between Owner and Contractor, and the Conditions of the Contract for Construction. Compile a project manual that includes the Conditions of the Contract for Construction and Specifications as well as bidding requirements and sample forms incorporating front- end documents provided by the City' s legal counsel. An early site package is anticipated in order to start the permit review process early. An early or multiple building package( s) are not included in this scope of work.

B. Meetings:

CPT Workshops: Two ( 2)
CPT Check- In Calls ( between Workshops): Seven ( 7) proposed, as needed Permitting Agencies: South Lake Tahoe Building Department, El Dorado County Health Department. El Dorado County Fire and Relevant Utility Agencies
Public Meetings: None
C. Deliverables: Construction- Document Package including architectural and all engineering disciplines to include code analysis updates, site plan, floor plans, roof plans. reflected ceiling plans, enlarged plans building sections, wall sections, partition types interior and exterior elevations, interior design materials selections and finishes, details, furnishing and fixture schedules, color palette, interior design narrative and LEED score card. Civil Construction Documents will contain the final design for site layout & utilities, grading drainage, temporary and permanent BMPs. coverage calculations, drainage report, construction specifications. and design calculations suitable for approval by the City of South Lake Tahoe, El Dorado County, Fire and relevant utility agencies. This scope does not include Bid Phase work, Construction Administration work, or Agency Approvals processing. General project Administration is included. Requested design revisions after work under this task begins will be considered Additional Services and billed on a Time and Materials basis.

D. Cost Estimate: Construction- Document level cost estimate at 100% CD (permit submittal).

Include soft-cost estimate for furnishings, fixtures, gym equipment, and other misc. equipment to begin program operation.

Note: This estimate shall be used as Engineer' s Estimate during the bid phase. p

3.1 AGENCY PERMIT REVIEW
This task will include permit submittal of drawings and specifications to the City Building Department, and City Public Works department, as necessary, Fire, Utility Districts, and County Department of Environmental Health.

The following products will be prepared/ delivered for this section:

Documents as required for building permit submittal including permit review application and kitchen equipment cut sheets as required by County Department of Environmental Health.

Note: All permit submittal/ review fees to be paid by the City.

This scope includes coordination response to review comments, coordination with Client and design team, and General Project Administration. The estimated budget for this phase assumes up to two rounds of review and comments from the applicable agencies.

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 I 165 River Road, Tahoe City, CA 96145 530. 583.9222 www.jkaedesign. com C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 576

JK ARCHITECTURE
Assumptions & Exclusions:

At this time, it is assumed no work will be proposed within the Caltrans ROW and, therefore, this proposal does not include coordination or permitting efforts through Caltrans.

TRPA Soils/ Hydro application and approval, if required, to be obtained by the Geotechnical Engineer.

3.1.A AGENCY PERMIT REVIEW- TRPA:

This task will include review coordination and processing of required TRPA permits and approvals as listed below:

Review of available existing background information for the project site during Program Verification/ PreDesign Phase ( as described in Section 1.1 above); Initial coordination with TRPA during Program Verification/ Pre-Design Phase ( as described in Section 1.1 above) for land capability verification and existing coverage verification, and identification of potential site constraints to assist the site selection process;
Pre-Development application and coordination meeting ( to be completed during the Program Verification/ Pre-Design Phase, as described in Section 1.1 above); After completion of the Civil Design Development and Architectural Schematic Design phases, JKAE will prepare a complete application package, including but not limited to the Initial Environmental Checklist, and Findings for submittal to TRPA.

Response to review comments and permit coordination;
Review of final Conditions of Approval.

Assumptions & Exclusions:

It is expected that the TRPA Permit Processing will be done concurrently with the CEQA review process described under Section 3.2 Environmental Services.

TRPA Soils/ Hydro application and approval, if required, to be obtained by the Geotechnical Engineer.

3.1.B AGENCY PERMIT REVIEW- LAHONTAN Regional Water Quality Control Board:

Under this scope of work JKAE/ BRS will prepare the SWPPP report and package, as required by the California Regional Water Quality Control Board ( Lahontan) Construction General Permit. This scope also includes uploading the Lahontan required documentation to the Storm Water Multiple Application and Report Tracking System ( SMARTS) website for Lahontan approval, necessary revisions to the SWPPP package, coordination with Lahontan and Client.

We anticipate only minor revisions to the SWPPP package during the review process.

Assumptions & Exclusions:

SWPPP Report will be prepared after completion of the Construction Documents ( see Section 2.3 above); As required by the Water Board, Client will set- up the project in SMARTS and add JKAE/ BRS as a Data Entry Person. Once that process is complete, JKAE/ BRS will upload the required information for permit approval.

JKAE/BRS will provide assistance to Client to set-up the project in SMARTS, as necessary.

3.2 ENVIRONMENTAL SERVICES
This task will be prepared by CEQA consultant ( Ascent Environmental) using the documentation prepared under Section

2.2 Design Development to support development of the project description for the environmental document. Scope under this task is as outlined below, however the exact scope of work for environmental services will depend on further refinement of the project scope, thus this scope will need to be refined:

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530. 583.9222 www.jkaedesign.com C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 577

JK ARCHITECTURE
Development of project description - Area of Potential Effect ( APE): The CEQA consultant will review materials prepared during earlier tasks to delineate and APE and prepare a project description for evaluation in the environmental analysis. The consultant will prepare a draft project description and APE for review by the City. The consultant will address one set of comments from the City and prepare a final APE and project description.

Initial checklist: The CEQA consultant will prepare an initial study ( IS) with responses to all questions listed in Appendix G of the State CEQA Guidelines. The IS will include substantial evidence to support all impact determinations. The consultant will prepare a draft IS for City review, address one set of comments from the City and prepare a print check draft. Following City review of the print check IS, the consultant will make final edits to the IS, if necessary, and produce the environmental document for public review and comment Notice of Preparation ( NOP): Based on our current understanding of the project, it is assumed that all impacts of the project can be mitigated to a less than significant level, such that an IS and Mitigated Negative Declaration { IS/MND) will be the appropriate level of environmental review. Preparation of an NOP is not required for an IS/MND. However, if an Environmental Impact Report ( EIR) is the appropriate level of environmental review, the consultant will prepare and distribute an NOP.

Notice of Intent ( NOi): To begin the public review period for the anticipated IS/MND, the consultant will prepare and circulate a draft and final NOi.

Public Scoping Meeting( s): As stated above, it is anticipated that an IS/MND would be the appropriate level of environmental review. Preparation of an IS/MND does not require a formal scoping period or scoping meeting. However, if required or desired, the consultant can facilitate a scoping meeting either in person or virtually as pandemic conditions dictate.

Progress Meetings: The CEQA consultant will attend regular progress meetings with the project team during the environmental review phase of the project.

Schedule: The CEQA consultant will develop and maintain a mutually agreed upon schedule for preparation of the environmental document.

Technical Studies and Reports, as required: It is assumed that the IS/MND will tier to the program- level IS/MND that will be prepared for the 56-Acre Park Master Plan. As such, technical studies prepared for program- level IS/MND are expected to be sufficient for several resource areas, including transportation and circulation, and biological resources. The consultant will prepare other technical studies as necessary, which could include a site-specific survey for cultural resources and/or visual simulations of the proposed project.

Statement of Objectives, and Purpose and Need: The CEQA consultant will work collaboratively with the project team to develop a statement of objectives that describes the purpose and need for the project. These objectives will be incorporated into the project description.

Alternatives Evaluation: As stated above, it is anticipated that an IS/MND would be the appropriate level of environmental review. Preparation of an IS/MND does not require an evaluation of alternatives. If preparation of an EIR is necessary, or if the City desires and alternative evaluation, the CEQA consultant will prepare an alternatives evaluation.

Document preparation and Clearinghouse filing: The CEQA consultant will be responsible for preparation and production of the environmental document and filing with the state clearinghouse and county clerk, as necessary.

Assumptions & Exclusions:

Budgeting for this task requires greater definition of project scope, therefore, the provided budget is for preliminary planning purposes only. Scope and budget will be refined by CEQA consultant in coordination with the City, after further determination of project scope. The scope and budget above are provided for planning purposes.

Initial budget estimate provided assumes the program- level CEQA document for the 56-Acre Park Master Plan will be available first, and the Rec Center CEQA document will be an Initial Study/ Mitigated Negative Declaration that is tiered to the program- level document for the Master Plan.

After further project scope determination, JKAE will provide supporting documentation and information necessary to assist CEQA consultant in the preparation of the documents listed above.

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530.583.9222 www.jkaedesign.com C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 578

JK ARCHITECTURE
Technical Studies and Reports - it is our understanding that Master Plan level technical studies and reports are being prepared for the entire site and, it is expected that some of these studies and reports would be reused for the site specific CEQA application.

3.3 BID SUPPORT
This task is to prepare for and assist Owner with the public bidding of this project:

1. Coordinate specifications booklet with City' s legal- counsel provided front- end bid documents.

2. Assist City with solicitation of bids by notifying local contractors, regional trade associations, and regional plan houses.

3. Assist City with conducting of a, mandatory or non- mandatory, pre-bid meeting.

4. Review pre-bid RFls and Issue pre- bid Addenda as necessary.

5. JKAE will make bid drawings and documents available electronically by PDF format. Hard copies for bid purposes may be ordered by Owner at Owner expense from local print service of Owner' s choosing.

6. Attend bid opening and log bid responses.

7. Note: Should City decide to rebid project, JKAE will provide Bid Support on the additional bid on a Time and Materials basis.

The following products will be prepared/ delivered for this section:

Bid RFI responses as required.

Bid addenda as required
Attendance at one pre-bid meeting and notes from the meeting.

3.4 CONSTRUCTION ADMINISTRATION SUPPORT
This task will be where our team will help administer the contract for construction:

1. Attendance at construction meetings, frequency to be confirmed

2. Review of project schedule, schedule of values, and other contractually- required materials provided by General Contractor.

3. Response to RFls.

4. Review of submittals and pay applications.

5. Issuance of ASls and clarifications.

6. BRS Natatorium Pre-Construction Meeting

7. Review of change order requests and assistance with drafting change orders for City' s approval

8. Observance of construction for general conformance with the contract documents.

9. JKAE punch list of final construction.

10. JKAE review of contractor- provided as built drawing set ( suggest that contract for construction require hot-linked as-built PDF file from General Contractor).

11. JKAE will provide an electronic record set that is overlaid on the general contractor' s approved electronic as-built set. The overlay will include attached RFls, ASls, CCDs, and Change Orders. The formatting will be in BluBeam formatted as a PDF.

12. JKAE review of manuals and warranties provided by General Contractor.

13. JKAE assistance with Grand Opening event including project flyer and graphics support to City.

Assumptions & Exclusions:

1. QSP ( Qualified Stormwater Practitioner) services, as required by Lahontan, have not been included based on the assumption the Contractor will be performing related tasks.

SCHEDULE
The following is an estimated schedule to complete the tasks described above. ( See attached Gantt schedule for more detail) 5 Months
Project Program & Conceptual Design 5 months

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530.583.9222 www.jkaedesign. com C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 579

JK ARCHITECTURE
Schematic Design
SD Phase

15.5 Months
SD Cost Estimate, Client Review & NTP
Design Development
DD Phase
DD Cost Estimate, Client Review & NTP
Construction Document Phase
CD Phase
CD Cost Estimate, Client Review & NTP
Agency Permit Review
Building/ Public Works/ County Health
19 months
Bid Support
Construction Administration Services

COST PROPOSAL
3months
2 weeks
4 months
2 weeks
4 months
2 weeks ( Simultaneous with Agency Permit Review)
3months
3months
2 months
17 months ( to be verified by General Contractor)
The following is our fee proposal to accomplish the scope described in the preceding Project Work Plan pages for Tasks 1. 1 throug .. h32 Weloo kforward to advancing these scope and fee strategies to meet your goals.

Programming and Concept Design
Schematic Design
Please note that a budget of $37,500 is built into the fixed fee for CEQA services during schematic design phase.

While we do not expect the need for services to exceed $ 37, 500; there could be an issue or complication in the CEQA process out of our control that requires additional services should the $37, 500 budget be exceeded.

Design Development
Please note that a budget of $37,500 is built into the fixed fee for CEQA services during design development phase. While we do not expect the need for services to exceed $ 37, 500; there could be an issue or complication in the CEQA process out of our control that requires additional services should the $ 37,500 budget be exceeded.

Construction Documents
Agency Review
Bid Support
Total Base Services Fixed Fee (PreliminaryDesign - Bid Support) Construction Administration Support
Please note that Construction Administration Services are NOT optional. We are guided by the CA Architects Practice Act and required by our insurance providers to provide construction administration support. This applies to Architecture and all Engineering services included in the Base & Supplemental Fees.

Required Future ServicesFixed Fee (Construction Administration)

AUBURN I TAHOE CITY I RENO I SAN JOSE
236,130
477,650
750,900
879,600
134,400
56,400
2,535,080
634,100
634, 100
PO Box 7409 I 165 River Road, Tahoe City, CA 96145 530. 583. 9222 www.jkaedesign. com C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 580

JK ARCHITECTURE

CONSULTANT/ ENGINEERING FEES ( INCLUDED IN COST PROPOSAL ABOVE) Base Services Construction Administration
Structural Design:

Civil/Site Design:

Landscape Design:

Electrical/ Lighting/ Low Voltage:

Mechanical/ Plumbing/ Fire Sprinkler:

Aquatic Design:

Kitchen Design:

Cost Estimating:

Acoustical/ Noise Mitigation Design:

Total Consultant Engineer Fees:
195, 800 $ 54,000
169,000 $ 15,000
93,965 $ 20,000
163, 800 $ 41,200
228,294 $ 42,294
166,500 $ 18,500
12,000 $ 4,000
83,220 NA
15,000 NA
1,127,579 $ 194,994
Please note that we have not marked up any of the consultant services.

SUPPLEMENTAL SERVICES FEES ( INCLUDED COST PROPOSAL ABOVE) Base Services Construction Administration
LEED Consulting:

TRPA & Lahontan Consulting:

CEQA Consulting:

Topographic Survey ( 1 Site):

Geotechnical Engineering ( 1 Site):

Traffic Study:

Total Supplemental Services Fees:
51,000 $ 41,900
78,000 $ 0
75,000 ( budget) $ 0
19,080 $ 0
37,850 so
46,350 so
307 ,280 $ 41,900
Please note that we have not marked up any ofthe supplemental services.

REIMBURSABLE EXPENSES
In addition to our fees for professional services, we charge for project expenses incurred on your behalf. These typically include such items as document scanning & document reproduction and travel associated with in-person Client Team Workshops and Public Meetings ( ideally held on the same day or two). Electronic ( PDF) of all progress deliverables and permit set are included in our base services. We have established a reimbursable budget to cover these anticipated expenses. Note that virtual meetings have significantly minimized this reimbursable expense budget to the extent that virtual meetings will certainly play a role in the planning and project coordination process with the City. Backup will be provided for all expenses invoiced against the reimbursable budget. We have proposed a budget number below and will advise the City if we expect we may exceed this budget to request an increase.

REIMBURSABLE EXPENSES BUDGET
Travel, Mileage, & Related Expenses: $ 19,000
Printing: $ 1000

ADDITIONAL SERVICES
Additional scope may be requested by the City. Any services that are not defined in this agreement may be compensated on an hourly basis or pre-negotiated fixed- fee basis except for Construction Administration Services. Rates are based on our current employee rate schedule. The Fixed Fees indicated above are based on a City- budgeted construction cost of $24.0M. Should the construction budget be increased by 2% or greater due to unforeseen conditions, City request for additional scope, or other reasons, the professional design and engineering fees shall be adjusted upward based on 9.28% of additional budgeted construction costs over $ 24.0M for base services and additional option services and 2.47% of additional budgeted construction costs over $ 24 OM for construction administration services. There shall be no adjustment to fees should the project bid or complete

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530.583.9222 www.jkaedesign. com C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 581

JK ARCHITECTURE
construction below the project budget. Additional services would also include Advanced Signage & Wayfinding Design (based on

0.33/sDas well asAdvancedInteriorDesign (basedon $1.54/sD. This proposal is for one (1) bidpackage for sitework, foundation, and building combined. Additional bid packages, including multiple bid packages for sitework, foundations, or other elements, are not included in this proposal but could be provided for an additional fee.

ASSUMPTIONS ( OTHER SOFT -COST BUDGET ITEMS PAID BY OWNER) Hazardous materials studies/reportsprovided by Owner.

Environmental studies/reports & CEQA oversight provided by Owner.• Other special studies/reports provided by Owner.•
Agency review fees and permit fees paid by Owner.

USGBC fees including all LEED submittal/review, certification, plaque, and other fees paid by Owner.

Special inspections provided by Owner.

Bid advertisementcosts paid by Owner.•
Printing costs of bid sets and construction sets reimbursed by Owner. Note that current practice is to issue electronic PDF) Bid sets. Electronic ( PDF) progress and bid sets are included inJKAE and BRS' base services 2020 Hourly Rate Schedule
Partner
Principal
Associate Principal
Project Manager - Architect
Senior Architectural Designer
Structural Engineer - SE (JKAE)
Senior Architect
Senior JKAE Structural Engineer - PE
Senior JKAE Civil Engineer - PE
Project Engineer ( JKAE)
Project Architect
Senior BIM Designer
Assistant Engineer ( JKAE)
Project Leader I Job Captain
Business Manager
CADD/ BIM/Designer
Marketing
OfficeManager
Studio Assistant
Consultant Services
Reimbursable Expenses
Mileage
Rates subject to change annually

AUBURN I TAHOE CITY I RENO I SAN JOSE
PO Box 7409 / 165 River Road, Tahoe City, CA 96145 530.583.9222 235.00
215.00
190.00
180.00
180.00
175.00
165.00
160.00
160.00
150.00
150.00
135.00
130.00
125.00
115.00
105.00
105.00
100.00 $

70.00 cost plus 10%
cost plus 15% $

0.58 per mile
www.jkaedesign. com
C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 582
Project Schedule _
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DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 583

EXHIBIT B

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

Any person who fails to filethe required certificationshall 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 officeror 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 fundsother than federal appropriated funds have been paid or will be paid to any person forinfluencingor attempting to influencean officeror employee of any agency, a Member of Congress, an officeror 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.

Name, Title
By:

4.7.1.1 Consultant:

Jordan Knighton, Architect of Record
C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 584
ACORD® CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DD/YYYY) 8/5/2020 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEOR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADD ITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s). PRODUCER i cT Maurice Thornton Dealey, Renton & Associates _ P.O. Box ri:£NJo Ext•: 800-545-3090 rffcNol: 510-452-2139 12675 Oakland CA 94604 t'DA ss: dracertificates@dealevrenton. com INSURERIS) AFFORDING COVERAGE NAIC# License#: 0020739 INSURER A: Arqonaut Insurance Company I 19801 INSURED JORDKNl- 01 INSURER s: HARTFORD INSURANCE COMPANY 38288 Jordan Knighton Ar chitects, Inc. INSURER c: Sentinel Insurance Company I 11000 11661 Blocker Drive, Suite 220 Auburn CA95603 INSURER D: I INSURER E: I
INSURER F: COVERAGES CERTIFICATE NUMBER: 1982022541 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPEOF INSURANCE C MMERCIALGENERALLIABILITY K: ="'
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UMBRELLA LIAB EXCESS LIAB r-; OCCUR CLAIMS-MADE
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WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANYPROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER Mandatoryin NH) EXCLUDED? ( D Ifyes, descnbeunder DESCRIPTION OF OPERATIONS below A IProfessional L1ab1hty

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POLICY EFF POLICY EXP POLICY NUMBER IMM/DD/YYYYl IMM/DD/ YYYYl LIMITS 72SBWBC3209 3/12/2020 3/12/2021 EACHOCCURRENCE S 2.000,000 UAMAGETO REN"1 t:.U S 1,000,000 I PREMISES {Ea occurrence) I
I f MED EXP (Any one person) S 10,000 I
IPERSONAL & ADV INJURY S 2,000,000
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GENERAL AGGREGATE S 4,000,000 : PRODUCTS - COMP/OP AGG I S 4,000,000 s
72SBWBC3209 3/12/2020 3/12/2021 I COMBINED SINGLE LIMIT ! Ea acc1denll S $ 2,000,000 BODILY INJURY (Per person) s BODILY INJURY (Per acadent) s PROPERTY DAMAGE s I
I {Per acc,dent) Is I EACHOCCURRENCE s AGGREGATE s
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3/12/2021 x I ffTUTE I I H- I
I E.L. EACH ACCIDENT I s $1.000.000 E.L. DISEASE· EA EMPLOYEE! S $ 1,000,000 E.L. DISEASE· POLICY LIMIT S $ 1,000,000 1AE016923600 3/12/2020 3/12/2021 Each Claim $ 2,000,000 AnnualAggregate $ 4,000,000 I I I DESCRIPTIONOFOPERATIONS ILOCATIONS IVEHICLES ( ACORD 101, Additional RemarksSchedule, may be attached ifmore space is required) RE: Project: 20-370 RecreationSwim Complex City of South Lake Tahoe, its elected or appointed officers, officials. employees, agents and volunteers are named as additional insureds as respects general and auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributoryper policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement( s).

CERTIFICATE HOLDER
Cityof South Lake Tahoe Attn: Jim Marino 1901 AirportRoad South Lake Tahoe CA 96150 CANCELLATION30 Days Notice ofCance ation
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZEDREPRESENTATIVE
71& ©
1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 585
POLICY NUMBER: 72SBWBC3209 BUSINESS LIABILITY COVERAGE
SS 00 OE O 05

ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available):

BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05
Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "propertydamage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
a) In the performance of your ongoing operations;
b) In connection with your premises owned by or rented to you; or c) In connection with " your work" and included within the " products completed operations hazard", but only if
i) The written contract or written agreement requires you to provide such coverage to such additional insured; and
ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard".

The person(s) or organization( s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.

A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit.

With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", property damage" or " personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including:
a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or b) Supervisory, inspection, architectural or engineering activities.

The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance.

How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:

When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insure d. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
b) PrimaryAnd Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.

Rev E, 14 Page 1 of 2
C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 586
BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 J
Paragraphs ( a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
c. Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer' s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

Waiver of Subrogation
If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage
EXCERPT FROM Hartford Form SS 04 38 09 09

HIRED AUTO AND NON- OWNED AUTO
B. With respect to the operation of a "non- owned auto", WHO IS AN INSURED is replaced by the following: The following are "insureds":
d. Anyone liable for the conduct of an "insured", but only to the extent of that liability Rev 5.14 Page 2 of 2
C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 587
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT- CALIFORNIA
Policy Number: 57WECADOETR Endorsement Number:

Effective Date: 03/12/2020 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Jordan Knighton Architects. Inc. 11661 Blocker Drive. Suite 220
Auburn, CA 95603
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
Form WC 04 03 06
Countersigned by --------------------,=------,--
Authorized Representative
1) Printed in U.S.A.

Policy Expiration Date: 03/12/2021
C-084-2020
DocuSign Envelope ID: 8349D1DE- A2A3-4DA4-AFFB- 37CEC0055C90 588
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional Conditions:

A. If this policy is cancelled by the Company, other
than for non-payment of premium, notice of such
cancellation will be provided at least thirty ( 30) days in advance of the cancellation effective date to the
certificate holder( s) with mailing addresses on file
with the agent of record or the Company.

B. If this policy is cancelled by the company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within ten ( 10)
days of the cancellation effective date to the
Form SS 12 24 0611
certificate holder( s) with mailing addresses on file
with the agent of record or the Company.

Any notification rights provided by this endorsement
apply only to active certificate holder( s) who were issued a certificate of insurance app licable to this policy' s term.

If notice is mailed, proof of mailing to the last known mailing address of the certificate holder( s) on file with the agent of record or the Company will be sufficient
proof of notice.

Page 1 ends

South Lake Tahoe City CouncilMarch 14, 2023

South Lake Tahoe City Council
March 14, 2023