A. Definitions
Lease: A contract that conveys control of the right to use another entity’s nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange-like transaction. Examples of nonfinancial assets include buildings, land, vehicles, and equipment. Any contracts that meets this definition should be accounted for under the leases guidance, unless specifically excluded in GASB Statement No. 87.
Lease Term: The period during which a lessee has a noncancelable right to use an underlying asset.
Lessee: The entity that obtains the right to use the leased asset.
Lessor: The entity that owns the leased asset and grants the lessee the right to use the asset.
Lease Liability: The lessee's obligation to make lease payments arising from a lease.
Right-of-Use Asset: An asset that represents a lessee's right to use a leased asset during the lease term.
Subscription-Based Information Technology Arrangement (SBITA): a contract that conveys control of the right to use another party’s (a SBITA vendor’s) IT software, alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange-like transaction.
Subscription Term: Includes the period during which a government has a noncancelable right to use the underlying IT assets.
B. Scope
This policy applies to all leases and subscription-based information technology arrangements entered into by the City of South Lake Tahoe (City), both as a lessee and as a lessor with the following general exceptions:
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City of SLT Financial Policies – Leases and SBITAs September 2023 Transactions excluded from GASB 87
Leases for intangibles (including computer software), except for sublease of intangible right-to- use leased asset
Leases for biological assets
Leases for inventory
Leases where underlying asset financed with conduit debt, except for underlying asset and conduit debt reported by lessor
Service concession agreements
Supply contracts - electric power purchase agreements Short-term leases (maximum term 12 months or less, including any options to extend, regardless of their probability of being exercised) Contracts that transfer ownership of the underlying asset to the lessee Transactions excluded from GASB 96
Purchases of hardware or software an entity acquires through conventional purchase methods, such as outright purchase, capitalization, or financing arrangements.
The statement does not apply to internal labor costs incurred by the entity for developing, hosting, or maintaining the software.
If the arrangement is solely for data storage and does not include software functionality, it is excluded from the scope of GASB 96.
C. Recognition and Measurement:
Leases:
As a lessee, the City shall recognize a lease liability at the commencement of the lease term measured at the present value of payments expected to be made during the lease term. The City shall reduce the lease liability as payments are made and recognize an outflow of resources for interest on the liability. The lease asset shall be measured at the amount of the initial measurement of the lease liability, plus any payments made to the lessor at or before the commencement of the lease term and certain direct costs. The City shall amortize the lease asset over the shorter of the lease term or the useful life of the underlying asset.
As a lessor, the City shall recognize a lease receivable and a deferred inflow of resources at the commencement on the lease term measured at the present value of lease payments expected to be received during the lease term. The deferred inflow of resources shall be measured at the value of the lease receivable plus any payments received at or before the commencement of the lease term that relate to future periods. The City shall recognize interest revenue on the lease receivable and revenue from the deferred inflows of resources over the term of the lease.
Capitalization Threshold for Leases: The materiality threshold for GASB 87 leases has been established at $100,000 for both lessee and lessor activities. 746
City of SLT Financial Policies – Leases and SBITAs September 2023 SBITAs:
The City shall recognize a right-of-use asset and a corresponding liability at the commencement of the subscription term for subscription-based information technology arrangements that meet the definition of a lease as per GASB Statement No. 96. The subscription liability shall be initially measured at the present value of subscription payments expected to be made over the contract term. Future subscription payments shall be discounted using the interest rate the SBITA vendor charges the City, which may be implicit, or the government’s incremental borrowing rate if the interest rate is not readily determinable. The City shall recognize amortization of the discount on the subscription liability as an outflow of resources.
The subscription asset shall be initially measured as the sum of the initial subscription liability amount, payments made to the SBITA vendor before the commencement of the subscription term, and capitalizable implementation costs less any incentives received from the SBITA vendor at or before the commencement of the subscription term. The City shall recognize amortization of the subscription asset as an outflow or resources over the subscription term.
Capitalization Threshold for SBITAs: The materiality threshold for GASB 96 SBITAs has been established at $250,000 or greater in total future lease payments through the SBITA term.
Incremental Borrowing/Implicit Rate: This is an estimate of the interest rate that would be charged for borrowing the lease payment amounts during the lease term.
In most cases, the borrowing rate is not stated in the lease; however, it is implied that there is a cost of borrowing the amounts. Due to the sensitivity of assumptions within the borrowing rate, the City will obtain the 5-, 10-, 20- and 30-year generic rated municipal yields from the City’s Investment Management company as of September 30th to be used for the current fiscal year (e.g., use 9/30/2022 rates for fiscal year 2022/23) for any new eligible GASB 87 leases and lease amendments and GASB 96 SBITAs.
D. Presentation and Disclosure
The City shall ensure the proper presentation of leases and subscription-based information technology arrangements in its financial statements.
In accordance with GASB 87, the notes to the financial statements shall include a description of leasing arrangements, the amount of lease assets recognized, a schedule of future lease payments to be made, and the total inflows of resources recognized from leases.
In accordance with GASB 96, the notes to the financial statements shall disclose descriptive information about its SBITAs such as the amount of the subscription asset, accumulated amortization, other payments not included in the measurement of the subscription liability, principal and interest requirements for the subscription liability, and other essential information.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 12,
2023
Agenda Item #:19
Agenda Item: Snow Removal Operations Agreement with Trella Tahoe, Inc.
Executive Summary: Staff is requesting the City Council to approve the Professional Services Agreement with Trella Tahoe, Inc. for snow removal operations. This snow removal agreement will provide services for the Airport, Fire Department, and Police Department to remove snow from their facilities. Also, this agreement will remove snow from the Fire Rescue Facility and other areas in the City, plus an on-call portion if needed. The total amount of this contract will not exceed $385,390.00. This agreement would begin on November 1, 2023, and end on April 30, 2024, with four additional years at the City's discretion. The contract also includes an allocation of $126,000 for sidewalk snow maintenance.
Requested Action / Suggested Motions: Pass a Resolution amending Fiscal Year 2023-2024 budget and authorizing and directing the Mayor to execute a contract with Trella Tahoe, Inc. for snow removal services at the Airport, Fire Department, Police Department, and Fire Rescue Facility, sidewalks not maintained by City Park forces, plus on-call service as needed for a term of November 1, 2023 to April 30, 2024 in an amount not to exceed $385,390.00.
Responsible Staff Member: John Dickinson, Airport Manager and Anush Nejad, Public Works Director Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney Attachments:
01 - Staff Report - Snow Removal Contract.docx
02-Resolution for Snow Operations.docx
03- Snow Removal PSA
04-Trellas Bid.pdf
05-Sidewalk Map
06 - Presentation.pptx
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Council Agenda Report- September 12, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 12, 2023
Title: Agreement with Trella Tahoe, Inc. for Snow Removal Operations Application Location: Airport, City Hall, Police Department, Fire Department, and Various Other City Facilities Citywide
Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 and Anush Nejad, Director of Public Works (530) 542-6182
Background: The City issued a Request for Proposal on June 28th, 2023, for Snow Removal services during the 2023/2024 winter season. The requested services included the following facilities:
Lake Tahoe Airport: Lisa Maloff Way, including Lisa Maloff Way roadway Police Department Facility: 1352 Johnson Blvd.
Fire Rescue Stations 1, 2, 3 & Fire Training Center: 1252 Ski Run Blvd., 2951 Lake Tahoe Blvd., 2101 Lake Tahoe Blvd., and 1195 Rufus Allen Blvd. Recreation Center, Ice Arena, Harrison Parking Lots, Bijou Park, Senior Center, and Museum Area.
Public Works and Development Services Parking Lots.
Selected Sidewalks.
Optional Hourly Services.
This Contract is crucial to the airport and public works departmental needs due to staff needs that must be performed daily. These services will close the resource gap and allow the City to manage the Airport and all other City facilities. The contract is annual with an option to extend for four additional years, at City’s discretion, with a CPI inflation adjustment annually.
Issue and Discussion: The project was advertised on Planet Bids on June 28, 2023. 408 vendors were notified, and 13 prospective bidders downloaded the bid documents. The bidding period closed on July 19, 2023. The City received one bid from Trella Tahoe, Inc. for a total of $427,390.00, which includes snow removal along the City’s sidewalks.
In addition to the core services, the Contract also allows a not-to-exceed hourly service to provide additional resources to the City, if needed, during heavy storm events or special needs. The Contract break down of cost is listed in Table A below:
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Council Agenda Report- September 12, 2023 Page 2 of 3
Site Location Bid Amount
Airport Property 1901 Lis Maloff Way $125,000.00
Police Station 1352 Johnson Blvd. $9,500.00
Fire Station 1 1252 Ski Run Blvd. $6,100.00
Fire Station 2 2951 Lake Tahoe Blvd. $6,100.00
Fire Station 3 2101 Lake Tahoe Blvd. $6,100.00
Fire Training Center 1195 Rufus Allen Blvd. $3,600.00
Harrison Avenue Parking Lots 3 locations along Harrison Ave $15,750.00 Ice Arena, Rec Center,
Museum, Ambulance, Senior Center
1176 and 1180 Rufus Allen;
3050, 3058, and 3066 Lake Tahoe Blvd $31,000.00
Bijou Park 1201 Al Tahoe Blvd. $17,750.00
Community Playfields Parking Lot 1300 Al Tahoe Blvd. $7,875.00 Public Works Departement 1740 D Street $8,275.00
Development Services Department 1052 Tata Lane $7,340.00 City Maintained Walkways City Maintained Sidewalks (6.7 Miles) $42,000.00 Optional other City Sidewalks Optional other City Sidewalks (22.6 Miles) $126,000.00 Optional On-Call Services Optional On-Call Services per hr/Max $15,000 ($240/hr) $15,000.00 TOTAL $427,390.00
Table A – Contract Breakdown
The City has been using contract services for the Airport, Police, and Fire Station facilities in the past. During the winter of 2022-23, the City contracted out other City facilities due to staffing limitations and snow operational needs. On March 14, 2023, staff presented a revised Snow Operations Plan, which included contracting out the facilities and potentially the sidewalks. The proposed snow operational contract is consistent with the recommendations presented to the City Council on March 14, 2023.
Sidewalk Maintenance:
In addition, the City Council requested options for maintaining the sidewalks. The snow operations proposal includes two sidewalk maintenance options: 1) City-owned sidewalks and 2) All other sidewalks in the City. It is important to note that many of the sidewalks in the scope of work are in the Caltrans right-of-way for US 50 and City-contracted snow removal on these sidewalks that Caltrans owns and maintains is subject to approval from Caltrans. The City is proposing to do snow removal only on these sidewalks and not take on any other maintenance responsibility.
Within the City, some sidewalks do not have snow storage capacity and are not continuous. Staff recommends plowing of the continuous sidewalks and where it is practical to conduct snow operations. In addition, staff recommends that City Park forces plow and maintain City-owned sidewalks and multi-use trails. For All Other Sidewalks, there are three operational/financial options:
1. Continue Sidewalk Maintenance per the current process through education and enforcement.
2. Form an Assessment District. This will trigger Proposition 218 requirements, in which the definition of special tax under Proposition 218. An assessment district must be formed, which is both costly and long.
3. The City will pay for the snow management to benefit all users and property owners. 750
Council Agenda Report- September 12, 2023 Page 3 of 3
Based on the favorable bids, staff recommends Option 3, the City paying for snow management for all continuous sidewalks, including the City-owned sidewalks. Staff has negotiated a lower cost to plow all sidewalks shown in Attachment 02, for $126,000. Sidewalk snow operations will begin at the end of each snow event and will be completed within 24 hours.
Since this is the first year of such as service, the City will monitor the work and will make adjustments for subsequent years if warranted. Staff recommends using Measure “S” funding for the sidewalk snow maintenance services.
Therefore, staff recommends awarding all items in Table A, except for City Maintained walkways, for $385,390. This total is a fixed payment amount, no matter the number of snow events.
Financial Implications: A portion of the Snow Removal contract, totaling $20,500, will be funded from the Snow Removal account 207-03610-42025 Contract Services, for removing snow on Lisa Maloff Way, a public Street. An additional $125,000 (including a portion for optional on-call services) will be funded from the Airport Account 501-05130-43025 (Airfield Area/Snow Plowing).
The remaining portion for snow removal in non-public-street areas, such as sidewalks and parking lots, will be paid from the General Fund account 100-03310-42025 Facilities Maintenance/ Contract Services. The majority of this funding, except for the portion of snow removal on other City sidewalks, has already been allocated and appropriated in the Fiscal Year 2023-2024 adopted budget, as follows:
Airport Enterprise Fund: $125,000 – Account 501-05130-43022 Snow Removal Fund: $15,000 – Account 207-03610-42025
General Fund Facilities Maintenance: $114,000 – Account 100-03310-42025 Staff is proposing to fund $126,000 for snow removal on agreed-upon sidewalks from the unallocated revenue in the Measure S Sales Tax fund. The attached resolution amends the FY 2023-2024 budget by transferring this amount into the Facilities Maintenance account 100-03310- 42025 for a total of $240,000 towards this contract. Additionally, the existing budget in the Snow removal account 207-03610-42025 will be increased by $5,500 for a total of $20,500. In combination with the $125,000 in the Airport account, this provides a total of $385,500 in available funding in order to award the contract to Trella Tahoe Inc. in the amount of $385,390.
Environmental Considerations: The Project is considered Categorically Exempt (CE) from review under CEQA under CEQA Guidelines section 15301 (Existing Facilities) because it consists of operating existing public facilities and mechanical equipment involving negligible or no expansion of use.
Policy Implications: Contracting snow operations for City Facilities is consistent with the cityadopted Snow Operations Plan and will maintain a safe and efficient roadway and facilities for public access and use. By contracting this work, the City will have sufficient resources to address the Airport Runway, City Streets, Trails, and City-owned Sidewalks. 751
Resolution 2023-XXX September 12, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
September 12, 2023
Amending Fiscal Year 2023-2024 Budget and Awarding
Contract to Trella Tahoe, Inc. for Snow Removal at City Facilities, on City Parking Lots and Selected Sidewalks
BACKGROUND
A. The City issued a Request for Proposal on June 28th, 2023, for Snow Removal services during the 2023/2024 winter season and an optional extension for an additional four years, at the City’s discretion, with a CPI inflation adjustment annually.
B. The Requested Services include Lake Tahoe Airport, City facilities, and selected Sidewalks in the City.
C. This Contract is crucial to the airport and public works departmental needs due to staff needs that must be performed daily. These services will close the resource gap and allow the City to manage the Airport and all other City facilities.
D. The City received one bid from Trella Tahoe, Inc., which includes snow removal along the City’s sidewalks and an annual $15,000 for optional services.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Amends FY 2023-2024 budget by appropriating $126,000 from unallocated revenue in the Measure S Sales Fund for the Sidewalk Snow Removal and transferring this amount into Facilities Maintenance account 100-03310-42025.
2. Appropriates an additional $5,500 from unallocated Snow Removal Fund revenue into Snow Removal account 207-03610-42025.
3. Authorizes and directs the Mayor to execute an Agreement with Trella Tahoe, Inc. of South Lake Tahoe, CA, in the amount of $385,390, including $15,000 optional services for 2023-24 and an optional extension for an additional four years, at the City’s discretion, with a CPI inflation adjustment annually.
Adopted by the City of South Lake Tahoe City Council on September 12, 2023, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
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Resolution 2023-XXX September 12, 2023 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 1ST day of November 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Trella Tahoe, Inc. (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement on November 1, 2023 at 12:01 AM PDT and continue until 11:59 PM PDT April 30, 2024, with the option to renew annually at the sole discretion of the City for four (4) additional years between November 1 and May 1 of each year.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $385,390.00 without additional written authorization from City. Payment by City under this Agreement shall not be 754
deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is
contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation, or expiration.
7. Ownership of Documents. All plans, studies, documents, and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 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. 755
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
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 employeremployee 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:
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a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation, or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and, b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation, or counsel. [FPPC Reg. 18700(a) (2)].
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement.
All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances, and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations, and codes of federal, state, and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials, and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.
In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services is performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees, and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work. 757 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 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 the subcontractor’s employees. Any notice of cancellation of all
Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. Coverage must be made on the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of 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.
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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 non- owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an 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 insureds under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii.
This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents, or volunteers.
vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount, and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract 759
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
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
If to Consultant: Phil Trella, Owner
930 Mule Deer Circle
South Lake Tahoe, CA 96150
Email: [email protected]
Phone: (530) 318-8537
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of 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 760
this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug- Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free workplace 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:
761
i. Will receive a copy of the Consultant’s drug-free policy statement; and ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant.
(1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
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. 762
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.
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:
City Mayor Phil Trella, Owner
Date Date
Business License #:
APPROVED AS TO FORM:
By:
City Attorney Date
ATTEST
By:
City Clerk Date
Attachments:
Exhibit A-Scope of Services
Exhibit B-Compensation Schedule
Exhibit C-Anti-Lobbying Certification
Exhibit D- Prevailing Wage
Exhibit E- COI
011500
763
EXHIBIT A
SCOPE OF SERVICES
764
INTRODUCTION
1. Background & Scope of Work
The Contractor will provide equipment and manpower necessary to clear snow from certain paved portions of the Lake Tahoe Airport, City Police Station Headquarters, Fire Rescue Station 1, 2, 3, Fire Training Center and various other areas within City jurisdictional boundary based on need. This seasonal snow removal contract is for a six-month contract period. Contracts start on November 1, 2023, and span until April 30, 2024. All contracts with the City of South Lake Tahoe require a contractor to maintain a City of South Lake Tahoe Business License. A City of South Lake Tahoe Business License can be obtained online from the address:
https://cityofslt.us/451/Business-Professions-Tax
IMAGE 1
Lake Tahoe Airport Contract Snow Removal Areas Are Shaded. 765
Image 2 Sidewalk and Stairs at Airport
1901 Lisa Maloff Way, South Lake Tahoe, CA 96150
Image 3
City Police Station Headquarters Snow Removal Areas are Shaded. 1352 Johnson Blvd., South Lake Tahoe, CA 96150
Image 4
Fire Station 1
766
1252 Ski Run Blvd.
IMAGE 5 Fire Station 2
767
2951 Lake Tahoe Blvd., South Lake Tahoe, CA 96150
Image 6
City Fire Rescue Station 3 Snow Removal Areas are Shaded. 768
2101 Lake Tahoe Blvd., South Lake Tahoe, CA 96150
Image 7
City Fire Rescue Training Center Snow Removal Areas are Shaded. 769
1195 Rufus Allen Blvd., South Lake Tahoe, CA 96150
City Police Station Headquarters
All paved parking Areas inside fence will be cleared, dirt road between two parking areas will be cleared, entrance nearest the cemetery will be cleared.
City Fire Rescue Stations
At the four Fire Rescue Facilities identified the standard to start snow removal operations is when 3” or more of snow is observed on pavements at any one of the facilities. The snow should not be allowed to accumulate more than 3” at any Fire Station as these are mission critical infrastructure to the community. During a prolonged winter storm event, a Contractor should plan on multiple site visits to the Fire Rescue Stations to ensure that snow accumulations remain 3 inches or below during a 24-hour period. Please note these facilities are staffed 24/7/365.
Graveyard shift work maybe required. The ramp areas and vacant parking should be cleared for station shift change scheduled at 0600 hours daily. The Fire Rescue Training Facility located at 1195 Rufus Allen Blvd., South Lake Tahoe, CA 96150 can be cleared once a day rather than at the 3-inch snow depth limit. Clearing can occur late morning through early afternoon as Contractor schedule permits. Snow storage locations are depicted on maps provided by Fire Rescue.
770
All paved parking areas will be cleared at Fire Stations 1, 2, and 3 and the fire station training facility. This contract includes 2101 Lake Tahoe Blvd, 2951 Lake Tahoe Blvd, and 1252 Ski Run Blvd and 1195 Rufus Allen Blvd.
Lake Tahoe Airport
The airport is requesting that a push or tracked snow blower is employed during snow removal operations to clear snow on the North face of the hangars. The snow between the face of the building to a distance of 4-7 feet out from the hangar building face for each hangar. The remaining snow can be removed using a loader or comparable equipment. Mechanical snow removal operations will commence
after snow accumulations on airside
airport property reaches one inch
(1”) or greater in
accumulated snow depth and three
inches (3”) on landside airport
property. The snow contractor
will be expected to dispatch a
removal crew when these conditions
are observed. The airport will not be
required to request service. The
airport will only request service if it
discovers that a snow removal
crew was never dispatched
by the contractor.
The date and times of service under this contract are dependent on local winter weather conditions and can require multiple site visits should snow accumulations reach more than one inch (1”) more than once in a 24-hour period.
The airport is open seven days a week, 365 days per year. The Snow Removal Contractor agrees to meet its obligations to clear snow from 5:00 am – 10:00 pm when conditions warrant or at the airport manager’s discretion.
When snow conditions exist on the ground at a depth of 1” or greater, the Contractor. agrees to clear a route along Lisa Maloff Way (formerly Airport Road) to allow for entry and exiting of vehicles and at minimum of fifteen (15) vehicle spaces at the public airport parking lot by 6:30 a.m. to allow the opening of City/Airport/Tenant offices at 7:00 am daily. Additional vehicle parking spaces can be cleared after the initial 15 spaces are available at 6:30 a.m.
Contractor agrees to adhere to the Lake Tahoe Airport Winter Operations Plan provided (Exhibit A). Contractor agrees to provide required equipment in all vehicles used on the airfield to include the following:
• Aviation Radio & Headset
• Snow Tires without chains
Contractor is also required to complete airfield movement area training with the airport maintenance supervisor prior to driving on the airfield. 771 Responsibilities
1. Clear snow from the surface of Lisa Maloff Way and ensure snow berms created from U.S.
Hwy 50 (Caltrans) snow removal operations are removed allowing access into and out from the airport. Clear snow starting at the terminal frontage curbs, steps from the parking lot to the building, and sidewalk in front of the terminal building.
2. Clear fifteen vehicle parking spots along the Eastern row of the public airport parking lot during any storm daily before 6:30 am Pacific Time (Frequency storm to storm when snow accumulation reaches depth of 3” or more. May require more than one visit by Contractor in one day if conditions warrant).
3. Clear the remaining vehicle parking spaces in the public parking lot by pushing snow West towards U.S. Highway 50. Clean up snow on Airport Road providing for two lanes at the entry and exit and the single lane road access to the city owned hangars and the other single lane road access to Gate V1. (Frequency storm to storm when snow accumulation reaches depth of 3” or more. May require more than one visit by the Contractor in one day if conditions warrant)
4. Contractor will clear in between hangar buildings pushing snow east and piling the snow as far East along Taxi Lane Delta. Snow will be piled on Taxi Lane Delta. Contractor is required to remove snow leaving no berms over two feet.
5. Contractor will clear snow on the General Aviation Ramp, Cal Star Ramp, Taxiways Alpha, Bravo, Echo, Foxtrot, and fuel farm road every snowstorm of one inch (1”) or more. Also ensuring no berms to exceed two feet high on the movement area.
6. Contractor will be on-call for snow removal on runway 18/36 as needed at the airport managers discretion, which will be at the hourly rate.
8. Contractor agrees to store equipment at the airport in hangar E-8 or if needed two hangars at the airports price, plus $100 in utility costs per month. 772
The Contractor agrees to clear hangar rows in a timely manner post-storm event or upon request by the airport.
The Contractor is not responsible for the following snow removal activities at the Airport under this contract:
A. Sanding of roadway, parking lot or any paved areas,
B. Clearing of snow from sidewalks and pedestrian areas, C. Clearing of snow from areas not specified in this contract unless directed by the Airport Manager through on-call services specified in this RFP, D. Placing any snow melt chemicals on any surfaces at the airport, At no time and under no circumstances will Snow Removal Contractor equipment or personnel access Runway 18/36 without the expressed permission of the airport manager. The Contractor acknowledges that aircraft, rotorcraft, and emergency vehicles always have the right of way.
Park and Recreation Facilities
The Parks and Recreation Facilities include the public driving lanes and surface parking and access area for the following facilities: Ice Arena, Recreation Center, Senior Center, Museum/Ambulance Area along US 50, Harrison Parking Lots – 3 locations)., Bijou Park, and Community Playfield Parking Lot as shown on the map below. 773
Public Works and Development Services Parking Lots
and City Sidewalks
The Contract will include snow removal at 1740 D Street (Public Works Department) and 1052 Tata Lane (Development Services) Parking Lots. Parking Lots must be plowed starting 6 AM with a 3” snow accumulation.
The sidewalks are typically 4-8 feet wide and must be plowed with walk-behind blowers or other mechanical equipment. The base contract will include 6.7 miles of City Maintained Sidewalks, see map below. The Contractor shall submit bids for an additive sidewalk maintenance for 20.0 miles which are shown in non-maintained map of sidewalks shown below. The additive item is subject to future City Council direction. 774
775
No Show
Failure to provide mechanical snow removal operations after snow accumulations on airside airport property reaches one inch (1”) or greater in accumulated snow depth and three inches (3”) on landside airport and other City properties will result in a $3000.00 deduction per occurrence from the contract price. City Officials will contact the snow removal contractor if City Fire, Police, Airport or Public Works management observes that a response has not yet been initiated by the snow removal contractor. Failure to respond within a three-hour period after telephone notification from City officials is considered a “no-show” and will be subject to the $3,000 deduction in payment. City Officials will only call the snow removal contractor in the event that 3 inches or more snow is observed on the ground at one of the city facilities identified in this RFP. No show provisions do not apply to on demand call outs made for snow removal services based on City need. These will be coordinated as needed between the Contractor and the City.
776
EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Site Location Bid Amount
Airport Property 1901 Lis Maloff Way $125,000.00
Police Station 1352 Johnson Blvd. $9,500.00
Fire Station 1 1252 Ski Run Blvd. $6,100.00
Fire Station 2 2951 Lake Tahoe Blvd. $6,100.00
Fire Station 3 2101 Lake Tahoe Blvd. $6,100.00
Fire Training Center 1195 Rufus Allen Blvd. $3,600.00
Harrison Avenue Parking Lots 3 locations along Harrison Ave $15,750.00 Ice Arena, Rec Center,
Museum, Ambulance, Senior Center
1176 and 1180 Rufus Allen;
3050, 3058, and 3066 Lake Tahoe Blvd $31,000.00
Bijou Park 1201 Al Tahoe Blvd. $17,750.00
Community Playfields Parking Lot 1300 Al Tahoe Blvd. $7,875.00 Public Works Department 1740 D Street $8,275.00
Development Services Department 1052 Tata Lane $7,340.00 City Maintained Walkways City Maintained Sidewalks (6.7 Miles) $42,000.00 Optional other City Sidewalks Optional other City Sidewalks (22.6 Miles) $126,000.00 Optional On-Call Services Optional On-Call Services per hr/Max $15,000 ($240/hr) $15,000.00 TOTAL $385,390.00
Total (Not to Exceed): $385,390.00
TIMELINE
Contract begins at 12:01am on November 1, 2023, and ends on 11:59pm on April 30th, 2023.
Snow response requirements are provided in Exhibit A: Scope of Services. 777
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:
By: Date:
Phil Trella, Owner
778
EXHIBIT D
Prevailing Wages Required. Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, Consultant, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Consultant must comply with all applicable requirements of the California Labor Code, including, without limitation, all requirements set forth in Division 2, Part 7, Chapter 1. Attention is specifically directed to the following sections of the California Labor Code: Prevailing Wage Requirements (§§ 1771.5 and 1776); Apprentices (§1777.5); Working Hours (§§ 1810 to 1815); Workers’ Compensation (§ 1860); and Protection of Workers in Trench Excavations (§§ 6705 and 6707). In accordance with Labor Code section 1771.5, that the Project is subject to monitoring and enforcement by the Department of Industrial Relations pursuant to 8 Cal. Code Reg. §§16450 through 16464, including the obligation to furnish certified payroll records directly to the Division of Labor Standards Enforcement’s Compliance Monitoring Unit (CMU), using the CMU’s electronic certified payroll reporting (eCPR) system.
Pursuant to the provisions of California Labor Code Section 1773.2, Consultant is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file in the City's office. Consultant agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to the provisions of California Labor Code Section 1813, Consultant or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the respective Consultant or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract and shall report them to the Division of Labor Standards Enforcement.
779
EXHIBIT E
Certificate of Insurance
780
08/21/2023
A to Z Insurance Services, LLC
PO Box 1190
Zephyr Cove NV 89448
Elizabeth Fenley
(530) 541-5300
[email protected]
Trella Tahoe Inc
930 Mule Deer Cir
South Lake Tahoe CA 96150
Northfield Insurance Company 27987
State Compensation Insurance Fund 35076
23 Master
A Y WS493708 01/24/2023 01/24/2024
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
C 9282725 08/25/2023 08/25/2024
1,000,000
1,000,000
1,000,000
City of South Lake Tahoe is listed as additional insured with respect to work performed.
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe CA 96150
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
781
Form_SCTNID_CTGRY.XX0316ACORD25_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSR
LTR
ADDL
INSD
SUBR
TYPE OF INSURANCE WVD
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
OTHER:
PROJECT LOC
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N / A
POLICY NUMBER POLICY EFF POLICY EXP
(MM/DD/YYYY) (MM/DD/YYYY) LIMITS
$
$
$
$
$
$
$
EACH OCCURRENCE
DAMAGE TO RENTED
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PREMISES (Ea occurrence)
$
$
$
$
$
COMBINED SINGLE LIMIT
PROPERTY DAMAGE
BODILY INJURY (Per person)
(Ea accident)
BODILY INJURY (Per accident)
$
$
$
AGGREGATE
EACH OCCURRENCE
E.L. EACH ACCIDENT
INSURED
$
$
E.L. DISEASE - POLICY LIMIT $
E.L. DISEASE - EA EMPLOYEE
PER STATUTE OTH- ER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved.
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
[email protected]
08/22/2023
1-800-444-4487
TRELLA TAHOE INC
930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150
TRELLA TAHOE INC
930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150
Progressive Commercial Lines Customer and Agent Servicing 975357476049940586D082223T183416
Progressive Insurance
PO Box 94739, Cleveland, OH 44101
Progressive Express Ins 10193
A X N N 004149650 02/23/2023 08/23/2023
2,000,000
782
Form_SCTNID_CTGRY.XX0108ACORD101_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA
Progressive Insurance
004149650
Progressive Express Ins 10193
TRELLA TAHOE INC
930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150
02/23/2023
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY
POLICY NUMBER
CARRIER NAIC CODE
NAMED INSURED
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance 1 1
Additional Coverages
…………………………………………………………………………………………………………………………………………………………………………………… Insurance coverage(s) Limits Uninsured/Underinsured Motorist $15,000/$30,000
Liability coverage may not apply to all scheduled vehicles.
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved. 783
Trella Tahoe Inc.
930 Mule Deer Circle,
South Lake Tahoe, CA 96150
530-318-8537
[email protected]
www.trellatahoe.com
We are honored to be included in the following Request for Proposal #RFP 2023- 06-21. Thank you for your time and consideration.
Trella Tahoe Inc. is a locally owned and operated family run business. established in 2019, we at Trella Tahoe Inc. have over 15 years of experience with snow removal in the Lake Tahoe region. We are equipped with multiple unique pieces of equipment that have been proven to work successfully without hiccup at your properties for several years and will produce a clean and thorough job while have little to no negative impact to your property.
Our company currently employs 9 seasonal employees of whom will all be a part of this opportunity during snow events. This ensures 24-hour service for the not so normal timing of snowstorms in the sierras. We own several pieces of proven effective equipment that will be dispatched to the proposed properties during snow removal events which all have an average age of less than 10 years old. Our equipment will be stored with in a 5-minute drive to your properties ensuring our dispatch time will second to none. The owner Phil Trella, a lifelong resident of South Lake Tahoe, has had many years of experience clearing and managing the airport property with a former contractor. Trella Tahoe service most of the proposed properties last season (some midseason added assistance) and will have no issue adding a few more properties with the excellent service you have come to expect.
Trella Tahoe has completed several seasonal contracts with the City of South Lake Tahoe including the record-breaking snowfall of the 2022/ 2023 season. Even with the record-breaking snowfall last season we were able to complete our contracted work and assist the city with multiple additional properties when staffing and equipment issues arose with the City. We remain in good standing with all our prior year snow removal customers.
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Please do not hesitate to contact me at any time if there is any questions or comments on how we can continue to provide you with the excellent service you have come to expect from us in the many past years!
List of Equipment
Trella Tahoe Inc. will use a combination of the following equipment with up 9 to operators for each snow removal
event. 3 operators will be dedicated to the airport during all snow events and the remaining will be disbursed
throughout the city to ensure timely snow removal
operations. Any of these machines with operator will be available after the contracted work is complete for any additional assistance The City may need throughout the
winter.
A. Caterpillar 938GII loader with Metal Pless
Plowmaxx snow blade/pusher combination, also
bucket if needed
B. Caterpillar 924K loader with Metal Pless Plowmaxx
snow blade/pusher combination, also bucket if
needed.
C.Caterpillar 926M loader with Metal Pless
Plowmaxx Snow blade/ pusher combination, also
bucket if needed.
D. Caterpillar 938M with Push box, angle blade and
bucket
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E. Caterpillar 950 with push box, angle blade. Or
bucket.
F. Multihog Mx 120 tractor with 80” industrial snow
blower
G. Multihog Mx tractor with sidewalk snow blower
H. Bobcat A300 high flow all steer loader with 84”
industrial snow blower, or Metal Pless Plowmaxx
I. 2 Bobcat Toolcat UW46 tractors with snowblower,
snow pusher, and snow bucket.
J. 3 Chevrolet 3500 pickup trucks with angle
snowplows
K.2 Honda HS928 walk behind snow blowers.
L. 3 Honda HSS 1332 walk behind snow blowers.
Trella Tahoe will have several pieces of backup
equipment on standby to ensure all properties are
cleared in a timely manner.
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City of South Lake Tahoe
Snow Removal 2023-2024 (RFP 2023-7-19), bidding on 07/19/2023 3:00 PM (PDT)
Printed 08/01/2023
PlanetBids, Inc.
787
City of South Lake Tahoe
Snow Removal 2023-2024 (RFP 2023-7-19), bidding on 07/19/2023 3:00 PM (PDT)
Printed 08/01/2023
PlanetBids, Inc.
788
City of South Lake Tahoe
Snow Removal 2023-2024 (RFP 2023-7-19), bidding on 07/19/2023 3:00 PM (PDT)
Printed 08/01/2023
PlanetBids, Inc.
789
790
City Council
September 12, 2023
Agreement with Trella Tahoe, Inc. for Snow Removal
791
Airport Snow
Removal
• Taxiways and Ramp Areas
• Lisa Maloff Way
• Hangars
• Stairs, Sidewalk, and Parking Lot
792
MAP
793
Facilities
4 Police Station 1352 Johnson Blvd.
Fire Station 1 1252 Ski Run Blvd.
Fire Station 2 2951 Lake Tahoe Blvd.
Fire Station 3 2101 Lake Tahoe Blvd.
Fire Training Center 1195 Rufus Allen Blvd.
Harrison Avenue Parking Lots 3 locations along Harrison Ave Ice Arena, Rec Center,
Museum, Ambulance, Senior Center
1176 and 1180 Rufus Allen;
3050, 3058, and 3066 Lake Tahoe Blvd
Bijou Park 1201 Al Tahoe Blvd.
Community Playfields Parking Lot 1300 Al Tahoe Blvd.
Public Works Department 1740 D Street
Development Services Department 1052 Tata Lane
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Sidewalk Maintenance
5 1. Continue Sidewalk Maintenance per the current process through education and enforcement.
2. Form an Assessment District. This will trigger Proposition 218 requirements, in which the definition of special tax under Proposition 218. An assessment district must be formed, which is both costly and a long process.
3. The City will pay for the snow management to benefit all users and property owners. 795
Proposed Areas in the Contract
6 796
Questions ? Thank you!
7 797
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 12,
2023
Agenda Item #:20
Agenda Item: Agenda Planning Calendar
Executive Summary: The Agenda Planning Calendar is a projection of items coming before City Counci, for consideration.
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member: Joseph Irvin, City Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
APC - 09 07 2023.pdf
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2023 Agenda Planning Calendar (Updated 09 07 2023)
Agenda Item Agenda Section
Sep 26, 5:30 p.m. City Clerk City Council Chamber Upgrades Consent City Manager Via cost analysis of municipal fixed-route and microtransit service NB Potential Revenue Ballot Measures for Nov 2024 Election NB Dev Services Employee Housing Bill of Rights NB
Local Housing/Transit Funding Analysis:TOT UB
Finance 2023 Lease Revenue Bonds Post Sale Budget Appropriations True-up Consent Human Resources City Manager & City Attorney Employment Contracts NB Unrepresented Compensation & Benefit Package Consent
Adoption of MOUs for Fire and Local 39 Consent
Police Police Taser Purchase Consent
Public Works Vision Zero Contract Award Consent
CalTrans Electrical and Maintenance Agreement Consent
Labor Compliance Award (Rec Center) Consent
Financing Options for Snow Operations (Service Area 3 Parcel Tax) NB ADA Transition Plan update NB
Department
799
2023 Agenda Planning Calendar (Updated 09 07 2023)
Oct 17, 5:30 p.m. City Attny Local Hire Ordinance (first reading) NB City Manager GHG Inventory and Climate Action Plan Update Comprehensive Energy Services Contract NB
Area Plan Updates NB
Dev Services Inclusionary Housing In-Lieu Fee Ordinance (first reading) NB PLHA Formula Grant Amendment NB
Mid-Town Area Plan Technical Consultant PSA UB
3900/3908 Lake Tahoe Blvd DDA UB
Finance Fiscal Year 2022-2023 Budgeted Funds Re-Appropriation GANN Limit
Police Opioid Settlement Barton Agreement
Public Works Broadband PPP Contract UB
Nov 7, 9 a.m. City Attny Local Hire Ordinance (second reading) Consent City Manager TRPA Regional Grant Program (EV Charging/Pioneer Project) Dev Services Inventory of vacant/underutilized sites NB Inclusionary Housing In-Lieu Fee Ordinance (second reading) Consent 800
2023 Agenda Planning Calendar (Updated 09 07 2023)
Lease to Locals Contract Extension
Public Works GIS Program Presentation Presentation
Hwy 50/89 Concrete/Pavement Option NB
Nov 21, 5:30 p.m. City Attny ADA Transition Plan update NB Dev Services MFD/SRO Program Evaluation
Dec 12, 5:30 p.m. Dev Services REACH Code Adoption NB
City Attorney Cannabis On-Site Consumption
Small Mobility Device Ordinance
City Clerk Records Management Policy (Updated)
City Manager Minimum Wage Discussion
Grant Acceptance from Tahoe Water Suppliers Association Electric Vehicle Charging Contract
Electric Municipality - Feasability Analysis
Dev Services Plan Area Statement Update for Tourist Accommodation Uses City/CTC land exchange agreement
Unscheduled/Pending
801
2023 Agenda Planning Calendar (Updated 09 07 2023)
VHR TAU Requirement Discussion
Finance
Fire
Parks & Rec Parks Foundation MOU
Assessment on LOS prior to 2018
Lifeguard Mid-Year Budget 23-24 Analysis
Tahoe Swim Team Use Agreement
Bijou Golf Course "Rock the Lake" Event and Review
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