South Lake Tahoe City Council
November 7, 2023

City Council
Cristi Creegan, Mayor
Cody Bass, Mayor Pro Tem
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.

City of South Lake Tahoe
City Council and South Tahoe Redevelopment Successor
Agency
Meeting Agenda
Tuesday, November 7, 2023 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, and via ZOOM at this link https://us06web.zoom.us/j/83784786366
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City's Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:

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

By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 837 8478 6366 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office 1 1. Lake Tahoe Destination Stewardship Plan Presentation

2. City Council Meeting Minutes
located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.

Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

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

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Presentations
Requested Action / Suggested Motions: Receive presentation by Devin Middlebrook, Government Affairs Manager - Tahoe Regional Planning Agency, Carol Chaplain, President & CEO - Lake Tahoe Visitors Authority, Amy Berry, CEO - Tahoe Fund and Nettie Perdue, Managing Director of the Destination Stewardship Council regarding the Lake Tahoe Destination Stewardship Plan.

Responsible Staff Member(s): Joseph D. Irvin, City Manager (530) 542-6043 Item 1-Executive Summary.pdf
Destination Stewardship Presentation
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.

Comments shall be limited to three (3) minutes.

The consent agenda consists of items of a repeating or routine nature considered under a single action.

Any Councilmember may have an item on the consent agenda removed and considered separately upon request.

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

Requested Action / Suggested Motions: Pass a Motion approving the September 26, 2023 Regular City Council meeting minutes. Responsible Staff Member: Susan Blankenship, City Clerk 2 3. Fiscal Year 2023-2024 Appropriation Limit

4. Fiscal Year 2022-2023 Budgeted Funds Re-Appropriations

5. Custodial Services Agreement with Building Services of CA and NV, LLC, for Bellamy Garage and City Hall/Airport Terminal

6. Agreement with TJKM Consultants for Vision Zero Action Plan

7. Electrical Facilities Cost Sharing Agreement with the California Department of Transportation (Caltrans)
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2- Executive Summary.pdf
09 26 2023 City Council Minutes.pdf
Requested Action / Suggested Motions: Pass a Resolution establishing the Appropriation Limit for Fiscal Year 2023-2024 in compliance with Proposition 111 in the amount of $98,985,642.

Responsible Staff Member(s): Andrew Black, Financial Services Supervisor Item 3- Executive Summary.pdf
01-Staff_Report_Appropriations_Limit_2023-2024.docx
02-Resolution - 2023-2024 Appropriations Limit.docx
03-Appropriations Limit 2023 2024 Worksheets.pdf
Requested Action / Suggested Motions: Pass a Motion to approve re-appropriation of Fiscal Year 2022-2023 budget for purchases and services with unfinished scope of work to Fiscal Year 2023- 2024.

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 4- Executive Summary.pdf
01-Staff_Report_Reappropriation_of_FY23_Budget to FY24.docx 02 - Carry Forward to 23-24 tables.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Custodial Services Agreement with Building Services of CA and NV, LLC, for an amount not to exceed $101,580.00 for the first year, which includes a $5,000.00 contingency.

Responsible Staff Member(s): John Dickinson, Airport Manager Item 5- Executive Summary.pdf
01-Staff Report-Airport Custodial Services
02- Professional Services Ageement with Building Services 03-Bid Building Services.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a Professional Services Agreement with TJKM Consultants for development of a Vision Zero Action Plan in an amount not to exceed $248,904 and authorizing transfer of grant funds in this amount.

CEQA Determination: This action is statutorily exempt from review under CEQA Guidelines section 15262 (Feasibility and Planning Studies).

Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager and Emily Dougherty, Engineering Technician.

Item 6- Executive Summary.pdf
01-StafF Report-Agreement with TJKM Consultants for Vision Zero Action Plan 02 Resolution 2022-115 Vision Zero Action Plan.pdf
03-Resolution-Agreement with TJKM Consultants for Vision Zero Action Plan 04-Agreement_Final.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute an Electrical Facilities Cost Sharing Agreement with Caltrans for traffic signal maintenance and energy costs, and authorizing the transfer of $50,000 from the City's Undesignated General Funds to cover the City's share for Fiscal Year 2023-2024.

CEQA Determination: This action is categorically exempt from review under CEQA Guidelines 3 8. Purchase Order with Sawtooth Industrial, LLC. for Snow Blower Repair

9. Third Amendment to Agreement with SierraCon Inc. for Construction Management and Commissioning Services for the Multi-Generational Recreation and Aquatic Center

10. Amendment to Permanent Local Housing Allocation (PLHA) Grant Eligible Activities

11. Sale of Surplus Vehicles and Equipment and Ratification of Donation Agreement with Tahoe Coalition for Homeless
section 15301(c) (Existing Facilities) because it involves the maintenance and minor alteration of an existing public highway involving negligible or no expansion of existing or former use.

Responsible Staff Member(s): Anush Nejad, Director of Public Works Item 7- Executive Summary.pdf
01-Staff_Report_-_CalTrans_Maintenance_Agreement.docx
02 - C-090-2021 Caltrans Coop Agreement
03-CalTrans Electrical Facilities Cost Sharing Agreement (Exh. A to Reso.) 04-Resolution_Caltrans_Maintenance_Agreement.docx
05-1986 Cost Sharing Agreement (C-08-86).pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a sole source Purchase Order with Sawtooth Industrial, LLC for snow blower repair for an amount of $71,766.

Responsible Staff Member(s): Responsible Staff Members: Anush Nejad, Director of Public Works and Phil Harwood, Fleet Supervisor
Item 8- Executive Summary.pdf
01-Staff Report-Sawtooth Industrail LLC Purchase Order Agreement.docx 02-Sole Source Justification.pdf
03 - Sawtooth Quote.pdf
Requested Action / Suggested Motions: Pass a Resolution appropriating $1,168,000 for construction management and commissioning services related to the Multigenerational Recreation and Aquatic Center Project and authorizing and directing the Mayor Pro Tem to execute Amendment 3 to Professional Services Agreement with SierraCon Inc. in an amount not to exceed $1,168,000.

CEQA Determination: On January 18, 2022, 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 #2021120206). This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines section 15162.

Responsible Staff Member(s): Anush Nejad, Director of Public Works Item 9- Executive Summary.pdf
01-Staff Report - Rec Center Award Sierra Con.docx
02-Amendment_3_to_Agreement_with_Sierra_Construction.docx 03 - Exhibit A to Amendment 3.pdf
04-Resolution-Budget_Approproation_and_Agreement_with_SierraCon.docx Requested Action / Suggested Motions: Pass a Resolution amending the Permanent Local Housing Allocation (PLHA) formula grant application to expand the Eligible Activities to the PLHA 5-year plan to provide more flexibility for implementation.

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Associate Housing Planner Item 10- Executive Summary.pdf
01-Staff_Report_-_PHLA.docx
02-Resolution-PHLA_Amendment.pdf
03-Res 2020-060 Authorizing Resolution for an Application for PLHA.pdf Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus, directing the sale of vehicles, equipment and other City assets, and ratifying a 2020 Donation Agreement with Tahoe Coalition for the Homeless for a surplus vehicle. 4 12. Additional Appropriation of Funds for Airport Hangar Repairs

13. Excess Sites Local Government Matching Grants for the Sugar Pine Village affordable housing project Phase 2B

14. Amendment 3 to Agreement with CDM Smith, Inc. for Design of Pioneer Trail Pedestrian Upgrade, Phase 2

15. Agreement with NOVA Geotechnical and Inspection Services- Northern Nevada, LLC d/b/a Universal Engineering Sciences (UES) for Specialty Inspection and Testing Services for MultiGenerational Recreation and Aquatic Center Responsible Staff Member(s): Anush Nejad, Director of Public Works and Phil Harwood, Fleet Supervisor
Item 11- Executive Summary.pdf
01-Staff Report - Surplus Property
02-Resolution - Surplus Vehicles and Property.docx
03-Surplus Property List (Exh. A to Reso).pdf
04-TCH Donation Agreement (Exh. B to Reso).pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing the Finance Director to appropriate $100,000 from Airport Available Fund Balance for Airport Maintenance needs due to 2022-2023 Snow Season and Deferred Maintenance.

CEQA Determination: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).

Responsible Staff Member(s): John Dickinson, Airport Manager Item 12- Executive Summary.pdf
01- Staff Report-Airport Hangar Repair
02-Resolution-Airport Hangar Improvements Budget Appropriation Requested Action / Suggested Motions: Pass a Resolution supporting the application of the Related Companies of California LLC for the Local Government Matching Grants Program and approving Sugar Pine Villlage Phase 2 Housing Partners, L.P. budget for the Local Government Matching Granit Program.

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Associate Housing Planner Item 13- Executive Summary.pdf
01-Staff_Report_-_Phase_2B_LGMG.docx
02-Resolution_-_LGMG_Sugar_Pine_Phase_2B.pdf
03-SPV2B City Coverage Letter.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment 3 to Professional Services Agreement with CDM Smith, Inc. in an additional amount of $75,511 for engineering design services and acquisition assistance, for a total contract amount not to exceed $525,854.

CEQA Determination: This project is categorically exempt from review under CEQA Guidelines Section 15301(c) (existing facilities consisting of existing streets and sidewalks).

Responsible Staff Member(s): Stan Hill, Engineering Manager and Anush Nejad, Director of Public Works
Item 14- Executive Summary.pdf
01-Staff Report - CDM Smith Agreement for Pioneer Trail Phase 2.docx 02-CDM-Smith - Amendment 3.pdf
03-C-009-2019 CDM Smith Pioneer Trail Pedestrian Project.pdf 04-C-031-2021 Amendment 1 CDM Smith.pdf
05-C-117-2023 Amendment 2 CDM Smith.pdf
Requested Action / Suggested Motions: Pass a Resolution appropriating $330,445.49 for the Specialty Inspection and Testing for the Multi-Generational Recreation and Aquatic Center Project, plus 20% contingency in the amount of $66,089.10 for a total $396,534.59 from General Fund 5 16. Fire Station 3 Interim Renovations

17. Amendments to Agreements with Jviation and ESA for the Airport Master Plan Update and Appropriation of Funds

18. Amendment to Extend Lease of 4114 Lake Tahoe Boulevard with Lake Tahoe Visitor Authority

19. Agreement with Tahoe Regional Planning Agency to accept $30,000 for Environmental Analysis for Tahoe Valley Area Plan, Tourist Core Area Plan, and General Plan Amendments Undesignated Excess Reserves and authorizing and directing the Mayor Pro Tem to execute a contract with Universal Engineering Services (UES).

CEQA Determination: On January 18, 2022, 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 #2021120206). This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines section 15162.

Responsible Staff Member(s): Anush Nejad, Director of Public Works and Jeremy Harrison, Building Official
Item 15- Executive Summary.pdf
01-Staff Report - UES Contract.docx
02-Resolution-Budget Approproation and Agreement with UES.docx 03-UES Contract (Exh. A to Reso.).pdf
Requested Action / Suggested Motions: Pass a Resolution allocating $300,000 for interim renovations for Fire Station 3
CEQA Determination: The rehabilitation and upgrades are categorically exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines 15301 (Existing Facilities) because it consists of the repair or minor alteration of an existing public structure involving negligible or no expansion of existing or former use.

Responsible Staff Member(s): Anush Nejad, Director of Public Works and Jim Drennan, Fire Chief Item 16- Executive Summary.pdf
01-Staff Report - Fire Station 3 Interim Upgrades.docx
02-Resolution-Budget Approproation FS3.docx
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute Amendment 5 to the Professional Services Agreement with Jviation in an amount not to exceed $514,169, and Amendment 6 to the Professional Services Agreement with ESA in an amount not to exceed $241,407, both for the development of the Airport Master Plan Update.

Responsible Staff Member(s): John Dickinson, Airport Manager Item 17- Executive Summary.pdf
01-Staff Report-Amendments to PSA - Jviation and ESA
02- Resolution Airport Master Plan.docx
03- Jviation Amendment 5.pdf
04- Amendment 6 Environmental Science Associates Master Plan Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment 1 to Lease Agreement with Lake Tahoe Visitors Authority for property located at 4114 Lake Tahoe Boulevard for an additional five years.

CEQA Determination: This action is categorically exempt from review under CEQA Guidelines section 15301 (Existing Facilities) because the work done under the Agreement would consist of program provision and light maintenance, repair or minor alteration of existing public facilities involving negligible or no expansion of existing or former use.

Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 18- Executive Summary.pdf
01-Staff_Report_-_Amendment_1_to_Lease_Agreement_with_Lake_Tahoe_Visitor_Authority.docx 02-C-165-2018-Lease Agreement- Lake Tahoe Visitor Authority.pdf 03-Amendment 1 to Lease Agreement with Lake Tahoe Visitor Authority3.pdf 6 20. Agreement with Tahoe Regional Planning Agency for Regional Grant Program Funding

21. 2023 CalRecycle SB 1383 Local Assistance Grant Program

22. Reimbursement Agreement with Barton Health for Opioid Use Disorder Services

23. Ordinance Requiring Good Faith Effort for Local Hiring on Public Works Projects (First Reading) Requested Action / Suggested Motions: Pass a Resolution accepting $30,000 in REAP 2.0 funds from the Tahoe Regional Planning Agency, amending the 2023-2024 Fiscal Year General Plan account revenues and expenses budget, and authorizing and directing the Mayor to execute an agreement with the Tahoe Regional Planning Agency.

CEQA Determination: This action is statutorily exempt from review under the California Environmental Quality Act Section 15262, feasibility and planning studies.

Responsible Staff Member(s): John Hitchcock, Planning Manager Item 19- Executive Summary.pdf
01-Staff Report-TRPA Funding.docx
02 - Resolution to Appropriate Funds.docx
03 - Agreement with TRPA (Exh. A to Reso.).pdf
Requested Action / Suggested Motions: Pass a Motion authorizing the City Manager to execute two 2023 Tahoe Regional Planning Agency (TRPA) Regional Grant Program Agreements for the Pioneer Trail Pedestrian Improvement Project Phase II ($1.2 Million) and Microtransit EV Charging Base Station ($275,335).

Responsible Staff Member(s): Sara Letton, Sustainability Coordinator and Stan Hill, Engineering Manager
Item 20- Executive Summary.pdf
01 - Staff Report 2023 TRPA Funding Agreement for two projects.docx 02- TRPA Grant Agreement -Microtransit EV Charging Base Station.docx 03-TRPA Grant Agreement - Pioneer Trail Phase 2.docx
Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to submit an application for the 2023 CalRecycle Local Assistance Grant Program for $75,000.

Responsible Staff Member(s): Sara Letton, Sustainability Coordinator Lori Marino, Principal Management Analyst
Item 21- Executive Summary.pdf
01 - 2023 CalRecycle Local Assistance Grant Application.docx 02 - Resolution to Apply for CalRecycle Local Assistanct Grant.docx Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Reimbursement Agreement with Barton Health to provide opioid remediation services using previously budgeted Opioid Settlement Agreement Funds in an amount not to exceed existing fund balance (approximately $123,350 per year).

Responsible Staff Member(s): David Stevenson, Police Chief Item 22- Executive Summary.pdf
01 STAFF REPORT OPIOID FUNDS 110723.docx
02 Barton Agreement for Opioid Funds.pdf
03 Exhibit-E-Final-Settlement-Agreement.pdf
04 Barton Opioid Memo.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance amending South Lake Tahoe City Code Title 3, Chapter 3.45, Article II (Public Contracts and Uniform Public Construction Cost Accounting Act) to require a good faith effort for local hiring on public works projects, and refer second reading and adoption to the November 21, 2023, meeting.

Responsible Staff Member(s): Heather Stroud, City Attorney Item 23- Executive Summary.pdf
7 24. Mid-Town Area Plan Discussion and Direction

25. Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan and Update on Negotiations with Heavenly Resort Related to On-Street Parking Agreement

26. Update on Annexation of Heavenly Area and Fiscal Impact Analysis 01-Staff Report - Local Hire Ordinance.docx
02-Ordinance - Local Hire.docx
03 - Redline Ordinance - Local Hire.pdf
Requested Action / Suggested Motions: Pass a Motion directing the City Manager to either: (1) bring back a resolution at a future meeting to appropriate funds to complete the Mid-Town Area Plan as initially proposed with the assistance of a consulting team; 2) Limit the Mid-Town Area Plan to only the Bijou/Al Tahoe Community Plan and the Sierra Tract Commercial Plan Area Statement and either (a) prepare a separate Master Plan for Bijou Park and Golf Course; or (b) In lieu of a Master Plan for Bijou Park, prepare a focused Implementation Plan for Bijou Park and Golf Course.

CEQA Determination: Providing direction on whether to prepare an Area Plan is not approval of a project subject to review under CEQA Guidelines section 15352(a) because it does not commit the City to a definite course of action.

Responsible Staff Member(s): John Hitchcock, Planning Manager Item 24- Executive Summary.pdf
01-Staff_Report_-_Mid-Town_Area_Plan.docx
02-Map Mid-Town Area Plan.pdf
Requested Action / Suggested Motions: 1) Pass a Resolution changing no parking and residential parking permit restrictions on sections of Regina Road and Keller Road (replaces Resolution 2023- 074); and 2) Pass a Motion directing staff to continue negotiating with Heavenly Resort on amendments to parking agreement and/or provide 180 days' notice to terminate the current parking agreement.

CEQA Determination: The actions proposed in this item are exempt from review under CEQA Guidelines section 15301 (Existing Facilities).

Responsible Staff Member(s): Anush Nejad, Director of Public Works and David Stevenson, Chief of Police
Item 25- Executive Summary.pdf
01-Staff_Report_-_Heavenly_On-Street_Parking_Agreement .docx 02- C-081-2013 Heavenly Parking Agreement
03 - Map of On-Street Parking.pdf
04 - Resolution No Parking Zones (Replaces Reso 2023-074).docx 05 - Heavenly Transit Brochure.pdf
06 - Presentation
Requested Action / Suggested Motions: Pass a Motion Directing the City Manager and City Attorney to prepare an application to El Dorado Local Agency Formation Commission for an expanded annexation area in the Heavenly Area.

CEQA Determination: This action is categorically exempt from review under CEQA Guidelines section 15319 (Annexation of Existing Facilities and Lots for Exempt Facilities) because the annexation area includes existing public and private structures developed to a density allowed by the current zoning and pre-zoning.

Responsible Staff Member(s): Joseph Irvin, City Manager Heather Stroud, City Attorney Item 26- Executive Summary.pdf
01 - Staff_Report_Annexation_Update.docx
02 - FIA Memo for Expanded Heavenly and Cleanup.pdf
03 - FIA Memo for 6 Scenarios.pdf
04 - Letter to Vail Requesting Annexation Support.pdf
Unfinished Business- City Council and South Tahoe Redevelopment Successor Agency 8 27. Purchase and Sale Agreement for Disposition of Exempt Surplus Property at 3900 and 3908 Lake Tahoe Boulevard Owned by South Tahoe Redevelopment Successor Agency with City of South Lake Tahoe and Novin Development Corporation for an Affordable Housing Project

28. Planning Commission Vacancy

29. South Lake Tahoe Tourism Improvement District Annual Report for Fiscal Year 2022-2023

30. Inclusionary Housing Ordinance (First Reading)
Requested Action / Suggested Motions: 1) Acting as the South Tahoe Redevelopment Successor Agency, Pass a Resolution declaring the property located at 3900 and 3908 Lake Tahoe Boulevard as exempt surplus property and authorizing and directing the Board Chair to execute a Purchase and Sale Agreement to sell the property for the appraised value of $1,000,000; and 2) Acting as the City Council, Pass a Resolution declaring property located at 3900 and 3908 Lake Tahoe Boulevard as exempt surplus property, authorizing and directing the Mayor to execute the Purchase and Sale Agreement, and approving budget appropriations of $1,000,000 from General Fund Undesignated Reserves.

CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15332 (In-Fill Development Projects) because it is consistent with the applicable General Plan designation and applicable policies and zoning, is on a site of no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare, or threatened species or their habitat, approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.

Responsible Staff Member(s): Zach Thomas, Interim Director of Development Services Item 27- Executive Summary.pdf
01-Staff Report - Purchase and Sale Agreement for 3900 and 3908 Lake Tahoe Blvd.docx 02-Successor Agency Resolution 3900 and 3908 Lake Tahoe Blvd.docx 03-City Council Resolution 3900 and 3908 Lake Tahoe Blvd.docx 04 - Purchase and Sale Agreement (Exh. A to City Council and Successor Agency Resos.).pdf 05-Notice of Availability.pdf
06-Novin Letter of Intent.pdf
07-PC Resolution 2023-009 General Plan Consistency Finding.pdf Regular-New Business
Requested Action / Suggested Motions: Pass a Motion to 1) appoint one applicant from the Applicant List to serve the remaining term (expiring 2/2025) on the Planning Commission; or, 2) provide direction to the City Clerk to continue to recruit for this position.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 28- Executive Summary.pdf
01-Staff Report - Planning Commission Vacancy.docx
02-Resignation from the Planning Commission_Redacted.pdf 03-Open Vacancy on the City of South Lake Tahoe Planning Commission.pdf 04-Notice of Solicitation - Boards and Commission.pdf
05-Res 2023-013 City Commission-Boards- Committees.pdf
06-Realo Application.pdf
07-Williams Application.pdf
Requested Action / Suggested Motions: Receive the FY 2022-2023 Annual Report of the South Lake Tahoe Tourism Improvement District.

Responsible Staff Member(s): Andrew Black, Financial Services Supervisor (530) 542 6016 Item 29- Executive Summary.pdf
01-Staff Report - SLT TID Annual Report.docx
02-Annual Report.pdf
03-2023 SLTTID Annual Audit Report DRAFT.pdf
04-Reso No. 2019-059 SLTTID.pdf
9 31. Local Tenant Preference Policy for Affordable Housing

32. Agenda Planning Calendar
Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an ordinance amending Title 6 of the South Lake Tahoe City Code by adding Chapter 6.27 (Inclusionary Housing) and refer second reading and adoption to the November 21, 2023 meeting.

Responsible Staff Member(s): Zach Thomas, Interim Director of Development Services Item 30- Executive Summary.pdf
01-Staff_Report_-_IHO_First_Reading (1).docx
02-Ordinance - Inclusionary Housing.docx
Requested Action / Suggested Motions: Pass a Motion providing direction to the City Manager regarding the creation of a local tenant preference policy for affordable housing.

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Associate Housing Planner Item 31- Executive Summary.pdf
01-Staff_Report_-_Potential_Local_Affordable_Housing_Preference_Policy__1_.docx Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member(s): Joseph Irvin, City Manager Item 32- Executive Summary.pdf
APC - 11 02 2023.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday November 7, 2023, City Council Special Closed Session was posted and available for review on Thursday, November 2, 2023, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.

Signed November 2, 2023
\\sb\\
Susan Blankenship, Elected City Clerk
10 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:1
Agenda Item: Lake Tahoe Destination Stewardship Plan Presentation Executive Summary: Lake Tahoe’s communities and economy are rooted in recreation and tourism, touching the lives of all who work, live, and play here. The region has come together to create a shared destination stewardship plan that will balance the needs of the environment, businesses, visitors, and local communities. This new shared strategy will inspire all to take care of Tahoe. This plan’s Shared Vision and Strategic Pillars were shaped to align with values that reflect deeply held beliefs of the organizations that formed the partnership that came together to develop this plan. As shown through extensive public engagement which took place during the plan development, these beliefs also are widely held by many in the Tahoe region. These values emerged from public workshops, in-depth interviews, discussion groups, and numerous facilitated conversations with the core planning team.

Requested Action / Suggested Motions: Receive presentation by Devin Middlebrook, Government Affairs Manager - Tahoe Regional Planning Agency, Carol Chaplain, President & CEO - Lake Tahoe Visitors Authority, Amy Berry, CEO - Tahoe Fund and Nettie Perdue, Managing Director of the Destination Stewardship Council regarding the Lake Tahoe Destination Stewardship Plan.

Responsible Staff Member: Joseph D. Irvin, City Manager (530) 542-6043 Attachments:

Destination Stewardship Presentation
11 LAKE TAHOE DESTINATION

STEWARDSHIP PLAN
12 Tahoe Recreation Trends
● The region’s DMO strategic plans point to the intentional shift toward managing for destination stewardship, sustainability, and community wellbeing. ● COVID caused a shift in remote working, increasing shortage of workforce housing.

This forced a lot of the workforce out of the Basin and into commuters filling roadways. 26-28%
nearby urban population
growth over next 20 years
$4.5 Billion
Direct Spending in 2022
>$10 billion in total economic
impact
Unique Visitors Spent
2 million
17 million
Visitor Days in 2022
13 14
Moving Toward Destination Stewardship
2018
•Basin
Partners
begin
discussing
sustainable
recreation
2020
•Covid-19
Pandemic
and
recreation
response
2021
•Sustainable
Recreation
and Tourism
Workshop
2021-2023
•Destination
Stewardship
Plan Process
2023
•Destination
Stewardship
Plan Launch
•Established
Destination
Stewardship
Council
15 Sustainable Recreation and Tourism Workshop
Key Take-Aways
• Shared vision around the future of tourism for the basin • Quality over quantity, and value over volume
• Common goals and measures
• A toolkit of how to foster good behavior
• Strategic, targeted, and coordinated messaging
• Better mitigation and management of surges regionally at specific sites • High-quality user experiences
• Social science and fact-based information to guide decision making • Strategies on how to help users make the “right choice” • Support and leverage the experience and exposure of the local business community • Economic vitality of our local communities
16 A New Process Begins
17 Additionally, nearly 200 stakeholders on monthly recreation calls including law enforcement, private businesses, and community groups.
18 Stakeholder Engagement
1,100+ responses to resident survey
2,300+ responses to visitor survey
30 1:1 interviews
15 discussion groups with 200+
participants
9 workshops with 300+ participants
16+ core team meetings
19 Resident Survey
However, very few are seeing how tourism contributes to their quality of life. ○ Only 21% of residents agree that tourism and recreation support quality of life and a strong sense of community.
○ Only 29% of residents agree that the positive benefits of tourism and recreation in the Tahoe region outweigh the negative impacts.

4.5 out of 5
Rated quality of life compared with
other places in California and Nevada

3.7 out of 5
Agree that tourism and outdoor recreation are
critically important to the region’s health.
20 Visitor Survey
88%
Indicated a destination’s support of
environmental stewardship is at least
somewhat important to their choice of
that destination.
82%
Say they do their part to keep a
destination clean when they visit.
71%
Believe they are mindful and respectful
of the natural environment.
42%
Said the Tahoe Region is doing an
excellent job of safeguarding its natural
resources.
21 Key Learnings
● Care for Tahoe’s environment is the top priority for all stakeholders. ● Tahoe’s tourism economy must remain vibrant and strong. ● Stakeholders are seeking substantive actions to address concerns. ● Imperative to create consistent approaches across the region. ● There is much support for a Tahoe that is open, accessible and welcoming for all. ● Many stakeholders see a need for a stronger destination stewardship messaging campaign to raise awareness of how everyone can take better care of Tahoe. 22 A Plan Takes Shape
23 24
25 Immediate Actions - Governance

1. Established a Destination Stewardship
Council

2. Build Destination Stewardship Council
Capacity
A. Hired a Managing Director

3. Secure Funding and Other Resources

4. Establish Action Teams and Work Plans

5. Develop and Deploy a Communication
Strategy
26 Immediate Actions - Destination Management
● City plastic water bottle ban
● Take Care Ambassadors and City Park Ranger Program
● Increased trash service
● Microtransit on North and South Shores
● Parking enforcement study
● League to Save Lake Tahoe Blue Crews
● Take Care Tahoe – expanded messaging campaigns
● $20 million in North Tahoe Community Alliance grants
● $449,000 in California Tahoe Conservancy grants for equitable access 27 City as a Leader
28 Shared Funding Commitments
• Travel North Tahoe
Nevada
• Lake Tahoe Visitors
Authority
• North Tahoe Community
Alliance
• Tahoe Regional Planning
Agency
• Tahoe Fund
• USFS LTBMU
• Nevada Division of
Outdoor Recreation
• Visit Truckee Tahoe
• City of South Lake
Tahoe
• California Tahoe
Conservancy
• RSCVA
• Nevada Division of State
Lands (License Plate
Grant)
• Washoe County
• El Dorado County
• Tahoe City Marina
• Tahoe Prosperity Center
• RSCVA
• Placer County
• Tahoe Chamber
• Vail Resorts
• Palisades
Destination Stewardship Plan
$215,501
Plan Implementation
$250,000+ over two years
(additional contributions pending)
Funding Partners:
29 www.stewardshiptahoe.org
[email protected]
30 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:2
Agenda Item: City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the September 26, 2023 Regular City Council meeting minutes. Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk Attachments:
09 26 2023 City Council Minutes.pdf
31 09 26 2023 Minutes
City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, September 26, 2023 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 5:31 p.m. Mayor Creegan called the meeting to order. Creegan then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Creegan, Mayor Pro Tem Bass, and Councilmembers Friedrich, Robbins and Wallace.

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

Closed Session Report – 09 26 2023

1. Conference with Legal Counsel - Anticipated Litigation. Gov. Code section 54956.9(d)(4) (one case).

Action: No reportable action.

2. Conference with Real Property Negotiators. Gov. Code section 54956.8. Property: Potential acquisition of easements 3707 and 3740 Blackwood Road
Action: No reportable action.

3. Conference with Labor Negotiator Government Code section 54957.6(a)t.

Action: No reportable action.

Proclamations

1. Proclamation Recognizing October 7-14, 2023 as "Fire Prevention Week" Action: Issued a Proclamation to Kim George, Battalion Chief of South Tahoe Fire Rescue, recognizing October 7-14, 2023 as “Fire Prevention Week” Public Communications
Public Comment was heard from the following people:

1. Lou Perini- Fire Station 3, SB 1383

2. Melissa Sawderson- fire safe communities *written materials distributed

3. Angie Regan, Peace Love Tahoe and Access Tahoe- moment of silence for Suicide Prevention Month
Written Public Communications were received from the following people:

1. Sydney Griffin- Tahoe Conservancy Lands
32 09 26 2023 Minutes
City Commission and Student Advisory Reports
None.

Consent Agenda
Note: Mayor Creegan recused herself from voting on Item 5 due to real property interest.

Action: Moved/Seconded: Wallace/Friedrich
Yes: Creegan, Bass, Friedrich, Robbins and Wallace
Action:  Passed Consent Agenda, with noted recusal.

2. City Council Meeting Minutes
Action: Passed Motion 2023-079 approving the August 22, 2023, and September 12, 2023, meeting minutes.

3. Purchase Agreement with Axon Enterprise, Inc. for Replacement Tasers for Police Department Action: Passed Motion 2023-080 authorizing and directing the Mayor to execute a sole source purchase agreement with Axon Enterprise, Inc. (C-191-2023) for the purchase of forty-one (41) Taser 7 devices at a cost not to exceed $169,606.07.

4. Participation in the Fire Risk Management Services (FRMS) for City Health and Welfare Benefits
Action: Passed Resolution 2023-085 authorizing the City Manager to apply and participate in one or more health and welfare benefit programs offered by FRMS for a minimum of three years.

5. Reconciliation of Bond Proceeds and Other Funding for the Recreation Center Construction Project
Action: Passed Resolution 2023-086 Approving FY 2022-2023 Budget Appropriations Reconciliation of 2023 Series A Bond Proceeds and Other Funding Sources for the Construction of the Multi-Generational Recreation and Aquatics Center and Approving FY 2023-2024 Budget Amendment for Bond Debt Service.

6. Agreement with SoSu TV Corporation for City Council Chamber Audio-Visual Equipment Upgrades
Action: Passed Resolution 2023-087 authorizing and directing the Mayor to execute a sole source Professional Services Agreement (C-197-2023) with SoSu TV for the design, procurement, and installation of audio-visual equipment in the City Council Chamber for $108,416 plus 5% contingency of $4,876 for a total not to exceed amount of $113,292; and authorizing the Director of Finance to make appropriate budget adjustments.

7. Changes to Compensation and Benefits for Unrepresented Employees Action: Passed Resolution 2023-088 approving changes to compensation and benefits for unrepresented employees, including the elected City Clerk.

8. Memorandum of Understanding (MOU) with the Firefighters' Association Action: Passed Resolution 2023-089 approving MOU (C-198-2023) with the Firefighters' Association.
33 09 26 2023 Minutes
Regular-Unfinished Business

9. Potential Revenue Ballot Measures and Expenditure Plans for Housing, Transit, and Snow Removal for the November 2024 Election
Action: Moved/Seconded: Friedrich/Robbins
Yes: Creegan, Bass, Friedrich, Robbins
No: Wallace
Action: Passed Motion 2023-081 providing direction to City Staff to move forward in discussions with a polling firm to poll the public on a TOT increase of 2% for the general fund and moving to Charter City status with a focus on adding a real estate transfer tax. (Dependent on the charter city subcommittee having a fully formed proposal that is ready to receive polling data) Public Comment was heard from the following individuals:

1. Jerry Bindel, South Lake Tahoe Lodging Association

2. David Jinkens *written materials distributed

3. Shannon Witt, South Tahoe Association of Realtors

4. Ed Mosur

5. David Peterson

6. Lou Perini

7. Tom Davis

8. Carl Hasty, Tahoe Transportation District

9. Duane Wallace, Tahoe Chamber of Commerce

10. Scott

11. Amelia Richmond, Locals for Affordable Housing

12. David Gregorich

13. Leonard Carter

14. Raymond Suarez, South Shore Transportation Management Association Written Comment was received from the following:

1. Kathleen Bailey

2. Seth Dallob

3. David Jinkens

4. Terri Jinkens
Regular-New Business

10. Amendments to City Attorney and City Manager Employment Agreements Action: Moved/Seconded: Robbins/Wallace
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Resolution 2023-090 authorizing and directing the Mayor to execute the Amended and Restated City Attorney (C-200-2023) and City Manager (C-199-2023) Employment Agreements as follows: (1) City Attorney Employment Agreement includes a new six-year term ending on October 2, 2029, and a base salary increase from $193,881 to $215,156; and (2) City Manager Employment Agreement includes a base salary increase from $196,350 to $222,397.

Public Comment was heard from the following people:

1. Scott

2. Ed Mosur

3. Jerry Bindel
34 09 26 2023 Minutes

11. Employee Housing Bill of Rights
Action: Moved/Seconded: Robbins/Creegan
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Motion 2023-082 providing direction to City Staff to create an Employee Housing Bill of Rights Ordinance using the framework listed in the staff report with the additional requirement of a local jurisdiction enforcement through the Department of Housing and Community Development.

Public Comment was heard from the following people:

1. Scott

2. Chad Haze *written materials distributed

3. Ed Mosur
Written Comment was received from the following:

1. Terri Jinkens
At this time, Mayor Pro Tem Bass left the meeting.

12. Registration Authorization - October 2023 Tahoe Science Conference Action: Moved/Seconded: Friedrich/Creegan
Yes: Creegan, Friedrich, Wallace, Robbins

Absent: Bass
Action: Passed Motion 2023-083 authorizing the City Clerk to register Councilmember Robbins to attend the October 11-13, 2023, Tahoe Science Conference at a cost of $85.

Agenda Planning Calendar

13. Agenda Planning Calendar
Action: Received and Filed.

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

1. Energy Services Contract

2. Upcoming 2x2 with Lake Tahoe Unified School District

3. Congratulations to Hilary Roverud for her new position as Assistant City Manager Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Robbins:

1. Attended the League of California Cities Conference

2. Airbnb/VBRO Advertising, Enforcement Discussion (Creegan seconded)

3. ADU Units Pre-approved Designs and Products with no approval requirement Discussion (Friedrich seconded)

4. Onsite consumption agenda item moved forward to Nov. 21 (Friedrich seconded) Councilmember Friedrich:

1. Upcoming Lake Tahoe Electric Transportation Forum at Lake Tahoe Community College

2. Upcoming Tahoe Regional Planning Agency Governing Board Meeting

3. Congratulations to Hilary Roverud for new position as Assistant City Manager Mayor Creegan

1. Attended Clean Tahoe Board Meeting

2. Successful Coffee with the Mayor event

3. Attended Al Tahoe Cemetery event

4. Attended ribbon cutting ceremony for the Hilton Vacation Club

5. Upcoming 2x2 with Lake Tahoe Unified School District

6. Upcoming El Dorado County Tabacco Prevention Control Meeting

7. Attended Tahoe Valley Walkathon
35 09 26 2023 Minutes
Adjournment
At 9:45 p.m. Mayor Creegan adjourned the meeting.
_____________________ _______________
Cristi Creegan, Mayor Date
Attest:
______________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
36 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:3
Agenda Item: Fiscal Year 2023-2024 Appropriation Limit
Executive Summary: The attached resolution fulfills State requirements that limit the amount of annual appropriations by the City. Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann Initiative, established a restriction on the amount of tax revenue that can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year), and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year. The fiscal year 2023-2024 appropriations limit is $98,985,642. The City’s FY 2023-2024 appropriation subject to the limit from proceeds of taxes is $51,728,333. Therefore, the City’s appropriation is under the legal limit by $47,257,309.

Requested Action / Suggested Motions: Pass a Resolution establishing the Appropriation Limit for Fiscal Year 2023-2024 in compliance with Proposition 111 in the amount of $98,985,642.

Responsible Staff Member: Andrew Black, Financial Services Supervisor Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff_Report_Appropriations_Limit_2023-2024.docx
02-Resolution - 2023-2024 Appropriations Limit.docx
03-Appropriations Limit 2023 2024 Worksheets.pdf
37 Council Agenda Report November 7, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Fiscal Year 2023-2024 Appropriation Limit
Location: Citywide
Responsible Staff Member: Andrew Black, Financial Services Supervisor (530) 542-6016 Background: Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann Initiative, created a restriction on the amount of revenue which can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year) and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year.

Issue and Discussion: Population estimates by the State Department of Finance as of January 1, 2023 indicate -0.86 percent change in the City and -0.43 percent change Countywide (Worksheet 5B). The per capita personal income (cost of living factor) changed by a ratio of 1.0444 from fiscal year 2022-2023. Only revenues referred to as “proceeds of taxes” are restricted by the limit. Proceeds of taxes for fiscal year 2023-2024 are calculated at $53,041,562 (Worksheet 2).

Financial Implications: The fiscal year 2023-2024 appropriations limit is $98,985,642 (Worksheet 4). The City’s appropriation subject to the limit from proceeds of taxes is $51,728,333. Therefore, the City’s appropriation is under the legal limit by $47,257,309.

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

Policy Implications: Consistent with City’s Financial Policies 38 Resolution 2023-XXX November 7, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Establishing the Appropriations Limit for the Fiscal Year 2023-2024 in Compliance with Proposition 111 in the Amount of $98,985,642

BACKGROUND
A. Article XIIIB of the California Constitution and Section 7910 of the Government Code of the State of California provide that the governing body of each jurisdiction shall by resolution establish its appropriation limit for the following fiscal year.

B. Proposition 111 approved in November 1990 now requires that the limit be calculated using new growth factors.

C. The City Council has reviewed the appropriate growth factors and does hereby choose the population growth within El Dorado County to better reflect the average daily population.

D. The City Council has reviewed the appropriate cost of living factors and does hereby choose the per capita personal income factor.

E. Documentation used in determination of the appropriations limit has been available to the public since September 29, 2023, in the Accounting Division, meeting the required fifteen (15) day period for public inspection as required by law.

F. The City Council of the City of South Lake Tahoe now desires to adopt said appropriations limit.

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

1. Hereby declares that the appropriations limit for the Fiscal Year 2023-2024 in compliance with Proposition 111 is established in the amount of $98,985,642.

Adopted by the City of South Lake Tahoe City Council on November 7, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
39 Resolution 2023-XXX November 7, 2023 Page 2 of 2
Cristi Creegan, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
40 DIVISION

USER FEES REVENUE REVENUE EXPENSE

BUDGET TOTAL BUDGET
10001730-34180 COPY CHARGES 50
10001840-34032 IS SERVICES 56,000
TOTAL ACCOUNTING 56,050 1,699,703
10003110-34180 COPY CHARGES 50
10003210-32116 TRANSPORTATION 1,500
10003210-32120 ENCROACHMENT 160,000
10003210-32118 OBSTRUCTION 800
10003210-34135 PARCEL MERGE 6,000
10003210-34150 ENGINEERING INPECTIONS 500
10003210-34155 PLAN CHECK 500
10002240-34230 FIRE PREVENTION SPECIAL INSPECT 20,000
TOTAL ENGINEERING 189,350 2,813,978
10003710-34xxx PLANNING PERMITS 57,400
TOTAL PLANNING 57,400 688,875
10002210-34520 SERVICE CHARGES 200
10002220-34223 FIRE SUPPRESSION FEES 10,000
10002220-34260 EMS 0 Moved to 236-02262
10002220-36283 OVERTIME REIMBURS. 100,000
TOTAL FIRE DEPARTMENT 110,200 9,485,678
10002110-32114 POLICE PERMITS 300
10002110-34210 SPECIAL SVC 68,212
10002110-34211 PD INCIDENTAL 15,000
10002110-34213 BOOKING FEES 0
10002150-33206 POST 70,000
TOTAL POLICE 153,512 14,569,523
10004105-34xxx RECREATION ADMINISTRATION 0
10004110-34xxx GOLF COURSE 0
10004130-34xxx CAMPGROUND 420,000
10004170-34xxx PARK MAINTENANCE 67,500
10004220-34xxx RECREATION PROGRAMS 175,000
10004225-34xxx SPECIAL EVENTS 0
10004230-34xxx SENIOR CNTR 4,900
TOTAL PARKS & REC 667,400 3,435,422
Revenues Expenditures
TOTAL GENERAL FUND USER FEES 1,233,912 32,693,179
WORKSHEET # 1
APPROPRIATIONS LIMIT 2023-2024
Shared Documents/Accountant/GANN Limit/2023/worksheets 2023-2024 41 APPROPRIATIONS LIMIT 2023-2024
GENERAL FUND REVENUE (less use of FB) 63,899,840
TOTAL GF REVENUES 63,899,840
TAXES
Revenue PROPERTY TAXES 10,850,000
Summary SALES TAX 18,664,000
page BUSINESS LICENSE 1,785,000
TOT Taxes 18,302,562
31601and 31702 OTHER TAXES 570,000
TOTAL TAXES 50,171,562

REVENUE FROM STATE
10001511-33201 Motor Vehicle in lieu 2,772,000 includes 33202 10001511-33207 Off Highway Vehicles 0
10001511-33204 HOPTR 78,000
10001511-33208 MANDATES SB Reimburs. 20,000
TOTAL REVENUE FROM STATE 2,870,000
PROCEEDS OF TAXES 53,041,562
NON TAX PROCEEDS 10,858,278
TOTAL PROCEEDS 63,899,840
LESS INTEREST INCOME 300,000
NET 63,599,840

TOTAL TAXES NON-TAX
TOTAL 63,899,840 53,041,562 10,858,278
EXCLUSIONS (WORKSHEET # 7) 1,313,229 1,313,229
INTEREST 300,000 300,000
NET 62,286,611 51,728,333 10,558,278
PERCENT 100% 83% 17%
ALLOCATION OF INTEREST 300,000 249,147 50,853
ADJUSTED TOTAL 62,586,611 51,977,480 10,609,131
WORKSHEET # 2
Shared Documents/Accountant/GANN Limit/2023/worksheets 2023-2024 42 CITY: South Lake Tahoe
FY: 2023-2024
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. NON-INTEREST
TAX PROCEEDS 53,041,562 (Worksheet # 2)
B. MINUS EXCLUSIONS 1,313,229 (Worksheet # 7)
C. NET INVESTED TAXES 51,728,333 (A - B)
D. TOTAL NON-INTEREST 62,286,611 (Worksheet # 2)
BUDGET
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.83049 (C / D)
F. INTEREST EARNINGS 300,000 Budget or Actual
G. AMOUNT OF INTEREST
EARNED FROM TAXES 249,147 (E * F)
H. AMOUNT OF INTEREST
EARNED FROM NON-TAXES 50,853 (F - G)
I. Take the result of steps G and H
Copy on to worksheet # 2
WORKSHEET # 3
APPROPRIATIONS LIMIT 2023-2024

INTEREST EARNINGS

PRODUCED BY TAXES
Shared Documents/Accountant/GANN Limit/2023/worksheets 2023-2024 43 CITY: South Lake Tahoe
FY: 2023-2024
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. PROCEEDS OF TAXES 53,041,562 (Worksheet # 2)
B. EXCLUSIONS 1,313,229 (Worksheet # 7)
C. APPROPRIATIONS SUBJECT
TO LIMITATION 51,728,333 (A - B)
D. CURRENT YEAR LIMIT 98,985,642 (Worksheet # 6)
E. OVER (UNDER) LIMIT (47,257,309) (C - D)

APPROPRIATIONS SUBJECT

TO LIMITATION
WORKSHEET # 4
Shared Documents/Accountant/GANN Limit/2023/worksheets 2023-2024 44 May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407 WORKSHEET # 5A

INFLATION
FACTOR
45 Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
El Dorado
Placerville -0.34 10,621 10,585 10,585
South Lake Tahoe -0.86 20,727 20,548 20,548
Unincorporated -0.38 158,386 157,790 157,873
County Total -0.43 189,734 188,923 189,006
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

WORKSHEET # 5B
-.43 + 100
100
= .9957 POPULATION FACTOR
POPULATION FACTOR:

The City may adjust its appropriations limit by either the percentage change in the City’s own population growth, or the percentage change in the population growth for El Dorado County. The above factor represents the annual percentage change in population for El Dorado County. 46 CITY: South Lake Tahoe
FY: 2023-2024
BUDGET: ___X___ or ACTUAL: _____________

AMOUNT SOURCE
A. LAST YEAR'S LIMIT (22-23) 95,186,823
B. ADJUSTMENT FACTORS

1. Population % 0.9957 (Worksheet # 5B)

2. Inflation % 1.0444 (State Finance
(Worksheet # 5A))
Total adjustment % 1.0399 (B1*B2)
C. ANNUAL ADJUSTMENT $ 3,798,819 A*((B-1)*1)
D. OTHER ADJUSTMENTS:

Prior Year Limit Correction ( + ) 0
Sub-Total 0
E. TOTAL ADJUSTMENTS 3,798,819 (C+D)
F. THIS YEAR'S LIMIT (23-24) 98,985,642 (A+E)
APPROPRIATIONS LIMIT 2023-2024
WORKSHEET # 6
Shared Documents/Accountant/GANN Limit/2022/worksheets 2023-2024 47 Budget

FEDERAL MANDATES
41119 ALL UNEMPLOYMENT INS 52,866
41128-41129 ALL MEDICARE 308,363
TOTAL FEDERAL 361,229

STATE MANDATES
10003410-44091 HAZARDOUS WASTE 14,000
20103510-44091 HAZARDOUS WASTE 2,000
20703610-44091 HAZARDOUS WASTE 2,000
TOTAL HAZ WASTE 18,000
10002220-41040 FLSA OT (91% OF FIRE OT) 364,000
20103510-33205 OVERLAY (Gas Tax Funds) 570,000
TOTAL STATE 934,000
GRAND TOTAL EXCLUSIONS 1,313,229
APPROPRIATIONS LIMIT 2023-2024
WORKSHEET # 7

EXCLUSIONS
Shared Documents/Accountant/GANN Limit/2023/worksheets 2023-2024 48 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:4
Agenda Item: Fiscal Year 2022-2023 Budgeted Funds Re-Appropriations Executive Summary: The City of South Lake Tahoe Budget Policy provides for the carryover of operating program appropriations if funds are unspent and purchases are not fully received, or services could not be fully completed during the fiscal year. The annual practice of bringing forward this reappropriation request is intended to keep the City Council and general public fully informed.

Requested Action / Suggested Motions: Pass a Motion to approve re-appropriation of Fiscal Year 2022-2023 budget for purchases and services with unfinished scope of work to Fiscal Year 2023-2024.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff_Report_Reappropriation_of_FY23_Budget to FY24.docx 02 - Carry Forward to 23-24 tables.pdf
49 Council Agenda Report November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Fiscal Year 2022-2023 Budgeted Funds Re-Appropriation Location: Citywide
Responsible Staff Members: Olga Tikhomirova, Director of Finance (530)542-7431 Background: The City of South Lake Tahoe budget policy provides for the carryover of operating program appropriations if funds are unspent and purchases are not fully received, or services could not be fully completed during the fiscal year.

Issue and Discussion: This staff report is to advise City Council of funds that need to be re-appropriated. The listed re-appropriated purchases were either not fully received, or services could not be completed by September 30, 2023, and are still needed in the new fiscal year. The annual practice of brining forward this re-appropriation request is intended to keep the City Council and the general public fully informed. It is consistent with the City Council’s adopted budget policies.

Financial Implications: The City of South Lake Tahoe Budget Preparation Policy, adopted by the City Council, provides for the carryover of operating program appropriations:

C. Operating Carryover - Operating program appropriations not spent during the fiscal year will not automatically carry-over into the next fiscal year, and shall lapse at year-end.

These un-spent appropriations shall be subject to re-appropriation into the subsequent fiscal year, except for long-term projects in progress that are carried forward to the following year and reserved for encumbrances.

The current fiscal year budget for 2023-2024 will be amended by a total amount of $216,599,791. This amount is to pay for obligations, including approved grants and loans, that were budgeted and not fully received or could not be completed in the 2022-2023 fiscal year. Since the obligations were not complete, they have not been invoiced and paid. The large portion of these re-appropriations relate to the new Recreation Center construction project for which appropriations were approved after the FY 2023-2024 budget adoption. $ 64,920 - General Fund revenue
$ 704,959 - General Fund expenses
$ 69,553,307 - Other Funds revenues
$ 146,276,605 - Other Funds expenses
$ 216,599,791 - Total Re-appropriation
50 Council Agenda Report November 7, 2023 Page 2 of 2
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: Consistent with the City’s Financial Policy - Budget Preparation. 51 Account Carryforward
Vendor Name Number Amount Explanation
Revenues:

CIRA 100-01220-36288 $ (28,161) Adjust to match remaining reimbursement amount LTCC Grant 100-04170-33320 58,081 Grant Reimbursement pending Dept of Fish and Wildlife grant 100-02210-33229 35,000 Grant Reimbursement pending $ 64,920
Expenses:

ID360 100-03110-42025 $ 33,951 Reach Code development C-043-2022 Sytech 100-03110-42025 14,582 document scanning C-057-2023 BPR 100-03110-42025 13,253 Building dept contract services C-189-2022 Bureau Veritas 100-03110-42025 31,446 Building dept contract services C-190-2022 4Leaf 100-03110-42025 30,372 Building dept contract services C-191-2022 TBD 100-03110-42025 50,700 Building dept contract services Haen Constructors 100-03310-42025 59,724 Project not completed C-173-2023 Blue Sky Electrical 100-03310-42030 2,865 Project not completed PO 12786 Southland Mechanical Services 100-03310-42030 5,637 Project not completed PO 12733 Sierra Valley Electric 100-03310-42030 4,220 Project not completed PO 12747 Jay Kniep 100-03710-42020 8,688 Planning dept contract services C-017-2023 4Leaf 100-03710-42020 15,000 Planning dept contract services C-045-2023 CIRA 100-01220-42020 78,178 CIRA rem. flex spending funds available Regulatory Intelligence, Inc 100-01310-42020 5,517 Solar Analysis C-146-2023 Pending 100-01330-44034 10,000 Reusable water bottles
HdL 100-01730-46122 34,100 New software C-158-2023
Omnistruct LLC 100-01840-42020 58,476 IT contract pending review Sierra Business Council 100-01951-42020 23,638 GHG Inventory C-042-2023 CivicWell 100-01951-42020 31,000 CivicSpark
DTA, other 100-01951-42020 56,718 Project not completed Professional Services 100-02110-42020 5,150 Mental Wellness Program CA-072823 RIMS Mindbase 100-02110-42020 2,675 RIMS Software integration Aardvark 100-02120-46110 27,318 Swat vests PO 12634
Botack Tactical Weapons 100-02120-46110 13,180 Helmets PO 12784 MobileOne 100-02160-46122 15,000 Equipment for Mobile Emergency Command Vehicle delayed RIMS Training Management System 100-02160-46122 10,900 Change order #5 Unknown 100-02180-42020 5,000 Evidence services pending for homicide Lehr 100-02180-42030 9,000 annual contract
SLOFIST training 100-02180-44050 5,100 training PO 12806 TBD 100-02210-46110 35,000 Grant reimbursable purchase
ACCO Engineered Systems 100-03310-45010 4,906 Project not completed PO 12812 Gunnerson Consulting 100-03710-42020 3,665 Planning dept contract services C-130-2022 $ 704,959
FY 2022-2023 General Fund Budgeted Re-Appropriation
PO or
Contract
1 52
Account Carryforward PO or
Vendor Name Number Amount Explanation Contract
Revenues:

PLHA grant 253-06010 36303 250,000 $ Reimbursement Grant Revenue for staff time REAP grans 253-06010-36303 7,500 Reimbursement Grant Revenue for staff time California Automated Permit Processing Program 271-03110-33237 40,000 Grant on reimb basis, approved after budget prepared Debt Service Fund 301-60018-36330 56,166,967 Draws from Project Fund with Trustee on reimbursement TRCD Grant 215-02230-33320 861,753 Grant on reimb basis, loaded after budget prepared Measure P TOT 301-60018-36309 12,227,087 Transfer in/Rec Center Project on as needed basis $ 69,553,307
Expenses:

Kodiak 207-03610-43025 71,766 $ Kodiak repair Pending
Hardline Equipment 208-03610-46110 1,200,211 Zaugg Snow Blower being built PO 12672 Hobbs Company 208-03610-46110 28,349 Air compressor welder unit being build for Mobile Van PO 12738 Pape Group 208-03610-46110 2,168,361 Snow graders being built PO 12670 TBD 210-03010-46130 78,958 TBD, remaining budget carry forward WATTCO 211-02110-46130 31,648 Tahoe upfit PO 12538
WATTCO 211-02110-46130 27,578 Tahoe upfit PO 12728
WALKER TELECOMM INC 211-02110-46130 19,321 Radios for new vehicles PO 12729 AXON ENTERPRISES INC 211-02110-46130 21,733 Axon feel 2 vehicles PO 12730 AXON ENTERPRISES INC 211-02110-46130 43,465 Axon feel 2 vehicles PO 12743 WATTCO 211-02110-46130 35,101 K-9 truck build out PO 12744 LEHR AUTO ELECTRIC 211-02110-46130 64,478 Tahoe build out (2) PO 12745 WATTCO 211-02110-46130 31,446 Patrol truck build out PO 12748 TRCD Grant program 215-02230-41020 629,632 Grant Reimbursable expenditures TRCD Grant program 215-02230-45010 21,900 Grant Reimbursable expenditures TRCD Grant program 215-02230-50001 210,221 Grant Reimbursable expenditures TBD 217-04504-44032 3,700 Project selection for remaining budget Mesure P TOT 220-04220-50014 12,227,087 Transfer out to Rec Center Construction project on as needed basis ACCO Engineered Systems 221-04260-43025 Project not complete 4,422 PO 12811 TAMBA, other 223-02120-44032 47,863 Cannabis Grant awards - 10% and other remaining Sosu 224-01330-461* 113,292 Project not completed C-197-2023 ABC Grant 229-02112-33229 98,136 Grant approved after budget adoption ABC Grant 229-02112-4* 98,136
Zoll Medical Corporation 236-02262-46110 147,000 ALS Cardiac Monitors lease agreement CCM 8/8/2023 C-153-2023 TBD 245-03215-42030 48,000 Stormwater inspection
Fire Dept Fuel Reduction Crew 245-03215-42030 15,000 Staff time reimbursement Alcorn Engineering 245-03215-42030 15,000 Stormwater basin maintenance Lahontan Water Board 245-03215-44094 19,000 Invoice not received REAP grant (BAE) 250-06024-42020 7,352 Agreement C-060-2022, included in adopted budget C-060-2022 REAP grant (BAE) 250-06024-50011 7,500 Staff time - transfer out, included in adopted budget PLHA grant 250-06024-50011 250,000 Staff time - transfer out PlaceWorks 270-03710-42020 45,454 Agreement C-008-2021 C-008-2021 TBD 271-03110-46112 40,000 Online automated platform for code compliance Roebellen 301-60018-48030 67,851,097 Rec Center Construction project C-161-2023 Roebellen 301-60018-48032 3,392,555 Rec Center Construction project TBD 301-60018-48033 70,000 Rec Center Construction project TBD 301-60018-48035 265,000 Rec Center Construction project CentralSquare 301-70008-46122 184,358 Community Plus Upgrade not included in adopted budget C-157-2023 BNY 401-01910-47020 226,445 Accounting for debt service crosses fiscal years Debt Service Fund 401-01910-50014 56,166,967 Transfer out to Project account on reimb basis Woopert/Jviation 501-05110-42030 51,311 Hangar Development Amendment #4 C-038-2023 American River Construction 501-05130-43025 60,000 Airfield Striping Project C-183-2023 ACCO Engineered Systems 501-05130-43025 5,000 Emergency Sump Pump replacement PO 12791 ACCO Engineered Systems 501-05130-43025 5,000 HVAC work emergency replacement PO 12794 TBD 501-05130-43025 20,000 Outside Maintenance Help
Tieslau Paving and Excavating 501-05120-43023 9,900 Custodial Services PO 12778 ACCO Engineered Systems 501-05120-43025 49,989 HVAC and Bathroom repair C-184-2023 FY 2022-2023 Other Funds Budgeted Re-Appropriation
2 53
Tieslau Paving and Excavating 501-05120-43025 5,250 Airport Sidewalk Repair C-181-2023 Tieslau Paving and Excavating 501-05120-43025 9,995 Sidewalk Repair PO 12734 Alpine Smith 501-05160-43025 1,499 Reversing fan kit and installation PO 12760 Walker, TBD 520-05320-48030 31,130 Parking Garage upgrades contracts in progress $ 146,276,605
3 54
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:5
Agenda Item: Custodial Services Agreement with Building Services of CA and NV, LLC, for Bellamy Garage and City Hall/Airport Terminal
Executive Summary: Staff is requesting City Council approve the Agreement with Building Services of CA and NV, LLC for Custodial Services at City Hall/Airport and Bellamy Parking Garage. This custodial contract will provide the necessary routine cleaning and maintenance needed year-round. The total amount of this contract will not exceed $101,580.00 for year one, to be adjusted annually by the Consumer Price Index. This agreement is for a one-year term with four possible one-year extensions.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Custodial Services Agreement with Building Services of CA and NV, LLC, for an amount not to exceed $101,580.00 for the first year, which includes a $5,000.00 contingency.

Responsible Staff Member: John Dickinson, Airport Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report-Airport Custodial Services
02- Professional Services Ageement with Building Services 03-Bid Building Services.pdf
55 Council Agenda Report November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Agreement with Building Services of CA and NV LLC for Custodial Service at City Hall/Airport
Location: City Hall/Airport and Bellamy Parking Garage
Responsible Staff Member: John Dickinson, Airport Manager (530)542-6182 Background: The City issued a Request for Proposal on August 25h 2023, for custodial services for the period of October 17, 2023, to September 30, 2024, with the ability to extend up to four years, at the sole discretion of the City. This service will include cleaning, disinfecting, and entry/exit snow removal of City Hall/Airport and Bellamy Parking Garage. The Project was advertised on Planet Bids. Twenty-three prospective responded to the RFP.

Issue and Discussion: The City is seeking custodial services for the City Hall/Airport and Bellamy Parking Garage, which will provide the necessary routine interior cleaning, and specified building maintenance services for areas that need attention. This will allow Airport Staff and Facility’s staff to perform work on the airfield and other needs to meet FAA and City requirements.

City received three bid responses from Tieslau Excavating, Green Pro Service LLC, and Building Services CA and NV LLC. A three member panel evaluated the proposal based on City’s procurement policies. Building Services CA and NV LLC was the top-ranked firm with a bid in the year-one amount of $96,580.00 plus $5,000.00 contingency (See Attachment 2). The total break of the contract is below:
 City Hall/Airport Custodial Services: $43,680.00
 Bellamy Parking Garage Custodial Services: $51,150.00  Snow Removal at Bellamy Parking Garage: $1,750.00
 Contingency: $5,000.00
The combined scores between three (3) panel members are listed below:

Rank Firm Cumulative Score
1 Building Services CA and NV LLC 271
2 Tieslau 221
3 Green Pro Services, LLC 202
56 Council Agenda Report October 17, 2023 Page 2 of 2
Financial Implications: The Custodial Contract with Building Services CA and NV LLC will be funded through the Airport Custodial account 501-05120-43023 with available FY 2023/2024 budget of $52,000 and Parking Garage Operations Contract Services account 520-05320-42025 with available FY 2023/2024 budget of $100,000. This contract will not exceed $101,580.00 for the first year.

Environmental Considerations: Execution of this agreement for janitorial services is not a “project” subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(2) because it is a continuing administrative or maintenance activity.

Policy Implications: These services will provide the necessary custodial services to keep these two facilities in an acceptable and professional manner. 57 CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 17TH day of October 2023 by and between the City of South Lake Tahoe, a municipal corporati7on (“City”) and Building Services of CA & NV, LLC. dba: Sunwest (“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 from October 17th, 2023, to September 30th, 2024, with the ability to extend up to four (4) additional years, at the sole discretion of the City. This contract will commence on the date the agreement is approved and awarded by City Council. Cost of Years 2 to 5 will be escalated by CPI each year, including optional hourly rates.
58 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 $101,580.00 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

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

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

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination.

Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date. Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation, or expiration.

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

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors, or subcontractors hired or retained by Consultant are employees, agents, contractors, or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third-party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant.

Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract. 60 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, 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 61 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.

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 62 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.
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 63 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 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.
64 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: Attn: Alfonzo Juarez, Owner
2560 Fieldcrest Dr.

Carson City, NV 89701
Email: [email protected]

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 this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
65 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:
66 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.
67 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. 68 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:

Cristi Creegan, Mayor Alfonzo Juarez, Owner
Date Date
Business License #:

APPROVED AS TO FORM:

By:

City Attorney Date
ATTEST:

By:

City Clerk Date
Attachments:

Exhibit A Janitorial Agreement Scope of Services
Exhibit B Compensation
Exhibit C Anti-Lobbying Certification
Exhibit D Janitorial Services Agreement Cleaning Schedule Exhibit E Cleaning Area Location Map
Exhibit F Cleaning Equipment Inventory List
Exhibit G Displaced Janitor Opportunity Act
Exhibit H Payment and Performance Bonds
Exhibit I Proof of Insurance Certificate Documents
Exhibit J Prevailing Wage
69 EXHIBIT A

SCOPE OF SERVICES
70 71
72 73
74 EXHIBIT B

COMPENSATION
Total (Not to Exceed): $101,580.00
SPECIAL CLEANINGS:

AT THE REQUEST OF THE AIRPORT MANAGER THIS CONTRACT CONTAINS Bl-ANNUAL BATHROOM DEEP CLEANING FEE $1,000.00 PER CLEANING. THIS PRICE REFLECTS CLEANING

AIRPORT TERMINAL BUILDING/CITY HALL MAIN LEVEL RESTROOMS AND LOWER-LEVEL RESTROOMS TWICE OVER CONTRACT PERIOD.

TOTAL ANNUAL FIXED PRICE:
$2,000.00 starting October 17th, 2023, through September 30, 2024 Notes: Billing to be invoiced Monthly on the 1st of the month starting the 1st of November 2023
The City reserves the right to amend the contract scope of work at any time during the contract period to respond to the evolving COVID-19 Pandemic. This includes increasing the scope of work, changing cleaning schedules, or conversely reducing the scope of work depending on conditions and/or recommendation from Federal, State or County Public Health officials.

BUDGET
Site Estimate
Airport/City Hall $43,680
Bellamy Garage $51, 150
Bellamy Garage Snow Removal $1750
Contingency $5000
Hourly Rate for Optional Services $35.00/hr
75 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:

Alfonso Juarez
76 EXHIBIT D

CUSTODIAL SERVICES
FOR

LAKE TAHOE AIRPORT TERMINAL/CITY HALL
AND

BELLAMY GARAGE

CLEANING SCHEDULE
77 78
79 EXHIBIT E
Location of Areas that Require Custodial Services under this Contract 80 EXHIBIT F
Janitor Equipment List Supplied By
City of South Lake Tahoe
Quantity Item Condition
2 Mops and Mop Buckets Good
2 Small Brooms & Dust Pans Good
1 Commercial Upright Vacuum Clean Good
2 Handheld Vacuum Good
1 Window Washer w/Squeegee Good
1 Push Dust Broom Fair
1 Small Squeegee Good
81 EXHIBIT G

DISPLACED JANITOR OPPORTUNITY ACT
California Labor Code
Division 2 Employment Regulation and Supervision
Part 3 Privileges and Immunities
Chapter 4.5 Displaced Janitor Opportunity Act
Sections 1060-1065
1060. The following definitions shall apply throughout this chapter:
(a) "Awarding authority" means any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services.
(b) "Contractor" means any person that employs 25 or more individuals and that enters into a service contract with the awarding authority.
(c) "Employee" means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the State of California under a contract to provide janitorial or building maintenance services. "Employee" does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act. (d) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. (e) "Service contract" means any contract that has the principal purpose of providing services through the use of service employees.
(f) "Subcontractor" means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract. (g) "Successor service contract" means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the 82 termination of a predecessor service contract shall be considered a "successor service contract" if its execution was delayed for the purpose of avoiding application of this chapter. 1061. (a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will be terminated, the awarding authority shall indicate in that notification whether a successor service contract has been or will be awarded in its place and, if so, shall identify the name and address of the successor contractor. The terminated contractor shall, within three working days after receiving that notification, provide to the successor contractor identified by the awarding authority, the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract at the time of the contract termination.
(2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor contractor as soon as that contractor has been selected. (3) The requirements of this section shall be equally applicable to all subcontractors of a terminated contractor.
(b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. This requirement shall be stated by awarding authorities in all initial bid packages that are governed by this chapter.
(2) The successor contractor or successor subcontractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offershall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. Nothing in this section requires the successor contractor or successor subcontractor to pay the same wages or offer the same benefits as were provided by the prior contractor or prior subcontractor.
(3) If at any time the successor contractor or successor subcontractor determines that fewer employees are needed to perform services under the successor service contract or successor subcontract than were required by the terminated contractor under the terminated contract or terminated subcontract, the successor contractor or successor subcontractor shall retain employees by seniority within the job classification.
(c) The successor contractor or successor subcontractor, upon commencing service under the successor service contract, shall provide a list of its employees and a list of employees of its subcontractors providing services at the site or sites covered under that contract to the awarding authority. These lists shall indicate which of these employees were employed at the site or sites by the terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of any of the terminated contractor's employees who were not retained either by the successor contractor or successor subcontractor, stating the reason these employees were not retained. 83 (d) During the 60-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor or successor subcontractor from which the successor contractor or successor subcontractor shall hire additional employees until such time as all of the terminated contractor's or terminated subcontractor's employees have been offered employment with the successor contractor or successor subcontractor.
(e) During the initial 60-day transition employment period, the successor contractor or successor subcontractor shall not discharge without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular employee. (f) At the end of the 60-day transition employment period, a successor contractor or successor subcontractor shall provide a written performance evaluation to each employee retained pursuant to this chapter. If the employee's performance during that 60-day period is satisfactory, the successor contractor or successor subcontractor shall offer the employee continued employment. Any employment after the 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.
1062. (a) An employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor, or an agent of the employee may bring an action against a successor contractor or successor subcontractor in any superior court of the State of California having jurisdiction over the successor contractor or successor subcontractor. Upon finding a violation of this chapter, the court shall award backpay, including the value of benefits, for each day during which the violation has occurred and continues to occur. The amount of backpay shall be calculated as the greater of either of the following:
(1) The average regular rate of pay received by the employee during the last three years of the employee's employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee's employment.
(2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee. (b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.
(c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney's fees and costs as part of the costs recoverable. (d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation.
1063. (a) This chapter only applies to contracts entered into on or after January 1, 2002. (b) Except for the obligations specified in subdivisions (a) and (b) of Section 1061, nothing in this chapter changes or increases the relationship or duties of a property owner or an awarding authority, or their agents, with respect to contractors, subcontractors, or their employees. 84 (c) Nothing in this chapter limits the right of a property owner or an awarding authority to terminate a service contract or to replace a contractor with another contractor or with the property owner's or awarding authority's own employees.
1064. Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this chapter.
1065. If any provision or provisions of this chapter or any application thereof is held invalid, that invalidity shall not affect any other provisions or applications of this chapter that can be given effect notwithstanding that invalidity.
85 EXHIBIT G

JANITORIAL SERVICES BOND REQUIREMENTS

THE CONTRACTOR'S ATTENTION IS DIRECTED TO THE BONDING REQUIREMENTS BELOW. IT IS HIGHLY RECOMMENDED THAT THE CONTRACTOR CONFER WITH THEIR

RESPECTIVE INSURANCE AGENT OR BROKER TO DETERMINE, IN ADVANCE OF BID

SUBMISSION, THE AVAILABILITY OF THE BONDS AS PRESCRIBED AND PROVIDED FOR HEREIN. IF AN APPARENT LOW CONTRACTOR FAILS TO COMPLY STRICTLY WITH THE

BONDING REQUIREMENTS, THAT CONTRACTOR MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.

A. JANITORIAL FIDELITY BOND: Before execution of any Contract entered into by the City, the Contractor shall file with the City, a Janitorial Fidelity Bond. The Contractor shall obtain Fidelity Bonding for all employees performing work under this contract against theft of personal property. Include a copy of bond endorsement affecting such coverage or provide a letter from surety stating that your firm is bondable for the limit required (minimum of $5,000 per occurrence) if awarded the contract. Said bond must be furnished to the City within ten (10) days after notification of award. Such bond shall either name the City as the insured oblige or include an endorsement naming the City as an additional oblige and providing for customary property coverage in favor of the City. If the Contractor does business as an individual, such Blanket Fidelity Bond shall cover himself or herself also as an individual as a protection to the City.

B. UNSATISFACTORY SURETIES: Should any Surety at any time be deemed unsatisfactory by the City notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City.

C. EFFECT OF CHANGES IN THE WORK/EXTENSIONS OF TIME ON THE SURETY:

Changes in the work, or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or the Surety from their obligations under the bond. Notice of such changes or extensions shall be waived by the Surety.

D. INSUFFICIENCY OF THE BONDS: Should any bond(s) required under this section become insufficient, the Contractor shall renew the bond(s) within ten (10) calendar days after receiving notice from the City of the bond's insufficiency.

E. PROCUREMENT OF BONDS:

1. All bonds required under this section, shall be procured from a California licensed and admitted surety company, listed by the Fiscal Service of The United 86 States Department of the Treasury under the Notice for "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", current on the date of the notice of award.

2. All bonds required pursuant to this section shall be secured from a surety company satisfactory to the City.

F. ATTORNEY-IN-FACT: The Attorney-in-Fact (Resident Agent) who executes the bonds on behalf of the Surety Company shall attach a notarized copy of their power-of-attorney as evidence of their authority to bond the Surety Company on the date of execution of the bonds.

G. HOW BONDS ARE TO BE PAYABLE: All bonds shall be made payable to the City of South Lake Tahoe.

H. SIGNATURES REQUIRED ON BONDS:

1. Each bond required under this section shall incorporate, by reference, the Contract and be signed by both the bidder and the Surety.

2. The signature of the authorized agent of the Surety and the Contractor shall be notarized.

I. COST OF BOND ACQUISITION:

1. The bidder shall be responsible for the cost of all bond premiums, costs, and incidentals necessary to secure the bonds.

2. The costs to secure all bonds required under this section shall be included in the Contractor's bid.
87 88
89 90

EXHIBIT I

COPY OF INSURANCE
91 92

EXHIBIT J
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.
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:6
Agenda Item: Agreement with TJKM Consultants for Vision Zero Action Plan Executive Summary: Authorize execution of an agreement using grant funding from the Safe Streets For All (SS4A) federal program to develop a Vision Zero Action Plan with an eventual goal of reaching zero roadway fatalities and serious injuries for all roadway users. Since the funding is from the U.S.

Department of Transportation, a specific template from USDOT is being used for the agreement to comply with grant funding requirements and a resolution is included to transfer funds to the Vision Zero Action Plan Account.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a Professional Services Agreement with TJKM Consultants for development of a Vision Zero Action Plan in an amount not to exceed $248,904 and authorizing transfer of grant funds in this amount.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Emily Dougherty, Engineering Technician.

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-Agreement with TJKM Consultants for Vision Zero Action Plan 02 Resolution 2022-115 Vision Zero Action Plan.pdf
03-Resolution-Agreement with TJKM Consultants for Vision Zero Action Plan 04-Agreement_Final.pdf
108
Council Agenda Report- November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Professional Services Agreement with TJKM Consultants for development of a Vision Zero Action Plan
Location: Citywide
Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542-6038, Emily Dougherty, Engineering Technician (530) 542-6070
Background: On September 6th, 2022, the City Council authorized submission of a grant application for the Safe Streets and Roads for All grant program (SS4A). The purpose of the program is to improve roadway safety and significantly reduce or eliminate roadway fatalities and serious injuries through development and implementation of a safety action plan serving the needs of all roadway users including pedestrians, bicyclists, public transportation passengers, motorists, personal conveyance, micro-mobility users and commercial vehicle operators. The City of South Lake Tahoe’s Vision Zero Action plan application was selected for funding and the grant agreement with the U.S. Department of Transportation (USDOT) and the Federal Highway Administration (FHWA) was executed on June 20th of 2023 in accordance with City Council Resolution 2022-115, appointing the Public Works Director as agent to execute all agreement and documentation associated with the grant.

Issue and Discussion: Once the grant funding was secured through an executed grant agreement, a Request for Proposals (RFP) was issued to qualified consultant teams through the Planet Bids website on July 7, 2023, with a deadline to submit proposals by August 2, 2023. While 672 potentially qualified firms were notified and 24 prospective bidders downloaded the RFP, only two firms submitted proposals for development of the Vision Zero Action Plan (VZAP). In accordance with City procurement policies, the two consultant proposals were reviewed by staff from the Finance Department, Public Works Department and the Tahoe Regional Planning Agency (TRPA) – regional transportation planning program. All staff filed required FHWA paperwork declaring they had no financial connection or conflict of interest with the two firms that submitted proposals. After reviewing the written proposals, the two consultant teams were remotely interviewed by the selection panelists to further evaluate their familiarity with the unique needs with snow removal and the environmentally sensitive nature of work within the protected Lake Tahoe Basin. Based on the impartial review of the written qualifications, proposed approach, and verbal interviews, the panel selected TJKM Transportation Consultants (TJKM) of Pleasanton, California through a competitive scoring process. Staff is recommending awarding a Professional Services Agreement to TJKM Transportation Consultants in the amount of $248,904 for development of a Vision Zero Action Plan. Next steps will include setting up a Vision Zero Task Force, scheduling public meetings, collecting data and developing the Action Plan. 109
Council Agenda Report- November 7, 2023 Page 2 of 2
Financial Implications: As noted in City Council Resolution 2022-115, a total of $250,000 ($200,000 in grant funds, and $50,000 in match) was loaded into account 301-50043 (Citywide Traffic Safety, Traffic Calming, ADA and Flooding Mitigation project). To ensure grant transparency and in maintaining FHWA fiscal compliance, staff is requesting to transfer the Vision Zero Grant funding from Citywide Traffic Safety account #301-50043 into account number 301-50049 specific to the Vision Zero Grant as follows:

Transfer from: 301 50043 33134 $200,000 Transfer to: 301 50049 33134 $200,000 Transfer from: 301 50043 50001 $50,000 Transfer to: 301 50049 42020 $250,000 Transfer from: 301 50043 42020 $200,000
Environmental Considerations: This action is Statutorily Exempt under CEQA Guidelines section 15262 for Feasibility and Planning Studies.

Policy Implications: The Vision Zero action plan is identified in the 2023-2028 Strategic Plan Update under Goal 4.2 Action Item 3 (Capitalize on grant funding and development projects to enhance city infrastructure projects that improve the quality of life, recreational experience and climate resiliency for residents and visitors). Receipt of the grant and hiring the qualified consultant team will help utilize the grant funding to complete the Vision Zero Plan in order to support development of a regenerative tourism model utilizing grant funding. The proposed action also directly supports Goal 5.5 (Fiscal sustainability and Resiliency) through successful grant application and project management to supplement local public funds. 110
Resolution 2022- 115 September 6, 2022 Page 1 of 1
Resolution 2022- 115
Adopted by the City of South Lake Tahoe City Council
September 6, 2022
Approval of Grant Application to U.S. Department of Transportation for development of a Vision Zero Action Plan

BACKGROUND
A. The U.S. Department of Transportation ( USDOT) has issued a Notice of Funding Opportunity NFO) for the Safe Streets and Roads for ALL (SSA) grant The purpose of the LATA is to provide technical assistance grants to agencies for pre-construction expenses related to Broadband deployment.

B. Section 24112 of the Infrastructure Investment and Jobs Act ( Pub. L. 117–58, November 15, 2021; also referred to as the “ Bipartisan Infrastructure Law” or “ BIL”) authorized and appropriated $ 1 billion to be awarded by the Department of Transportation for FY 2022 for the SS4A grant program.

C. The City of South Lake Tahoe is committed to the Vision Zero Program and the preparation of an Action Plan with an eventual goal of zero roadway fatalities and serious injuries.

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 and Directs the Director of Public Works to file a grant application with U.S.

Department of Transportation for a grant in the amount of $250,000 to prepare a Vision Zero Action Plan.

2. If awarded authorizes acceptance of grant funds up to $ 200,000 into Capital Improvement Project Account, Citywide Traffic Safety, Traffic Calming, ADA, and Flooding Mitigation project revenue and expense accounts 301-50043.

3. Authorizes the allocation of $ 50,000 from the Capital Improvement Project Account, Citywide Traffic Safety, Traffic Calming, ADA, and Flooding Mitigation Project revenue and expense accounts 301-50043 toward matching funds.

4. Appoints the Director of Public Works as an agent to submit all documents, including but not limited to Applications, agreements, amendments, payment requests, and so on, which may be necessary to complete the Project.

5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
111
Resolution 2022- 115 September 6, 2022 Page 1 of 1
Adopted by the City Council of the City of South Lake Tahoe on September 6, 2022, by the following vote:

Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Date: _______________
Devin Middlebrook, Mayor
Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council
Sue Blankenship ( Sep 7, 2022 13:32 PDT)
Devin Middlebrook ( Sep 7, 2022 16:17 PDT) Sep 7, 2022
112
Res 2022-115 Vision Zero Action Plan
Final Audit Report 2022- 09-07
Created: 2022- 09-07
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAASel11lUml897nDRGNGS1E8k2- bjs11Fw Res 2022-115 Vision Zero Action Plan" History
Document created by jo Mcdonough ([email protected]) 2022- 09- 07 - 8:19:57 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2022- 09- 07 - 8:21:13 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2022- 09- 07 - 8:32:00 PM GMT- IP address: 128. 92.136. 146 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022- 09-07 - 8:32:15 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2022- 09- 07 - 8:32:16 PM GMT
Email viewed by [email protected]
2022- 09- 07 - 11:16:48 PM GMT- IP address: 66.189. 255. 213 Signer [email protected] entered name at signing as Devin Middlebrook 2022- 09- 07 - 11:16:58 PM GMT- IP address: 66.189. 255. 213 Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022- 09-07 - 11:17:00 PM GMT - Time Source: server- IP address: 66.189. 255. 213 Agreement completed.
2022- 09- 07 - 11:17:00 PM GMT
113
Resolution 2023-XXX November 7, 2023 Page 1 of 1
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe City Council
November 7, 2023
Approval of a Professional Services Agreement with TJKM Consultants for development of a Vision Zero Action Plan

BACKGROUND
A. On September 6, 2022, City Council authorized submission of a grant application for $250,000 to prepare a Vision Zero Action Plan and appointed the Director of Public Works as an agent on behalf of the City to submit all relevant documents needed to execute the grant and associated grant documentation for development of the Vision Zero Action Plan in Resolution 2022-115.

B. At the time, Resolution 2022-115 authorized acceptance of up to $200,000 in “Bipartisan Infrastructure Law” (BIL) from the Safe Streets and Roads for All (SS4A) grant program into the Citywide Traffic Safety, Traffic Calming, ADA and Flooding Mitigation Project revenue and expense accounts (301-50043) and $50,000 in undesignated General Fund Reserves toward the City’s matching fund commitments.

C. The City of South Lake Tahoe is committed to the Vision Zero Program and the preparation of an Action Plan with an eventual goal of zero roadway fatalities and serious injuries.

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 and directs the mayor to execute a PSA with TKJM Consultants for development of a Vision Zero Action Plan.

2. Authorizes the transfer of existing allocated funds from the 301-50043 to the specific account recently created solely for the Vision Zero Action Plan (301-50049) as follows:

TRANSFER FUNDS FROM
Revenues:
301-50043-33134 Federal Highway Administration: $200,000 Expenses:
301-50043-42020 Professional Services $200,000
301-50043-50001 Operating Transfer out to GF $50,000
TRANSFER FUNDS TO:

Revenues:
301-50049-33134 Federal Highway Administration: $200,000 Expenses:
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Resolution 2023-XXX November 7, 2023 Page 1 of 1
301-50049-42020 Vision Zero – Professional Services: $250,000 Adopted by the City Council of the City of South Lake Tahoe on October 17, 2023, by the following vote:

Yes:

No:

Absent:

Abstain:
_______________________________ Date: _______________
Cristi Creegan, Mayor
Attest:
_______________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council
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A&E AGREEMENT LANGUAGE

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION .................................................................................................................... 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ...................................................................... 4 ARTICLE III STATEMENT OF WORK...................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD .................................................................................................. 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ............................................................................ 6 ARTICLE VI TERMINATION ..................................................................................................................10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS....................................11 ARTICLE VIII RETENTION OF RECORD/AUDITS................................................................................11 ARTICLE IX AUDIT REVIEW PROCEDURES.......................................................................................12 ARTICLE X SUBCONTRACTING ..........................................................................................................13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES .............................15 ARTICLE XII STATE PREVAILING WAGE RATES ..............................................................................16 ARTICLE XIII CONFLICT OF INTEREST ..............................................................................................19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ........................19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.....................................................................................................................................20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE....................20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ...................................................21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION...................22 ARTICLE XIX INSURANCE....................................................................................................................28 ARTICLE XX FUNDING REQUIREMENTS............................................................................................29 ARTICLE XXI CHANGE IN TERMS .......................................................................................................29 116

ARTICLE XXII CONTINGENT FEE ........................................................................................................29 ARTICLE XXIII DISPUTES.....................................................................................................................30 ARTICLE XXIV INSPECTION OF WORK ..............................................................................................30 ARTICLE XXV SAFETY .........................................................................................................................30 ARTICLE XXVI OWNERSHIP OF DATA................................................................................................31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR..............31 ARTICLE XXVIII CONFIDENTIALITY OF DATA ...................................................................................32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ......................................32 ARTICLE XXX EVALUATION OF CONSULTANT.................................................................................33 ARTICLE XXXI PROMPT PAYMENT.....................................................................................................33 ARTICLE XXXII TITLE VI ASSURANCES .............................................................................................33 ARTICLE XXXIII NOTIFICATION ...........................................................................................................38 ARTICLE XXXIV CONTRACT................................................................................................................38 ARTICLE XXXV SIGNATURES..............................................................................................................39 117

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows: (TJKM)
Incorporated in the State of (California)
The Project Manager for the “CONSULTANT” will be (Ruta Jariwala) The name of the “LOCAL AGENCY” is as follows: City of South Lake Tahoe The Contract Administrator for LOCAL AGENCY will be Jason Burke, AICP B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated 9/12/2023. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #1) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employeremployee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby 118

indemnifies and holds LOCAL AGENCY 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 AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY.

However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
[Detail based on the services to be furnished should be provided by CONSULTANT.

Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings].

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).]
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B. Right of Way [Not Applicable]
C. Surveys
[Not Applicable]
D. Subsurface Investigations
[Not Applicable]
E. Local Agency Obligations
The City of South Lake Tahoe will provide all available crash history, traffic, bicycle and pedestrian county. The City will also organizes the Vision Zero Task Force and provide facilities for pubic meetings. The City will schedule and attend the City Council Meetings related to the Vision Zero Plan development. All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
[Not Applicable]
H. CONSULTANT Services During Construction
[Not Applicable]
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The CONSULTANT shall deliver one electronic copy of all data files, and reports and five (5) hard copies of the Final Report.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
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ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work.

No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.

D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title.

Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

Jason Burke, Complete Streets Program Manager
City of South Lake Tahoe
1740 D Streets, CA 96150
E. The total amount payable by LOCAL AGENCY shall not exceed $.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, 121

investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

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

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

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

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

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

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and 122

equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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

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

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

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

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).

IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and 123

disallowance of prior reimbursed costs.

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

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

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

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

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR;
(2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
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ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

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

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

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

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these 125

acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

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

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

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

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

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of 126

a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

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

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site.

Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

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

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and
§1815 for any work performed by his or her employees on the public works project.
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2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

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

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

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

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying 128

compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

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

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

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. 129

d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

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

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

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

H. Employment of Apprentices

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

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journeyto- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

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

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

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

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

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

FEDERAL FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

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 131

employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352.

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

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

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

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

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

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to 132

ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

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

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

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

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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

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

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

3. Does not have a proposed debarment pending; and

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

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY.

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

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR

26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civilrights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 22.2 % Participation by DBE 134

CONSULTANT or subconsultants shall be in accordance with information contained in Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond 135

requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation.
• CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice
• The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
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After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to selfperform, to the extent needed to meet DBE commitment • Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement 137

s
mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1 -tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY.

On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF.

A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.
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CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY
these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
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• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work
of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
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L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
A. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.

1. Workers’ Compensation Coverage. CONSULTANT shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. CONSULTANT shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by CONSULTANT for LOCAL AGENCY.

2. 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 LOCAL AGENCY. 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.

3. 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 141

vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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

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

1. LOCAL AGENCY, 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.

2. This policy shall be considered primary insurance as respects LOCAL AGENCY, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by LOCAL AGENCY, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.

3. 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.

4. The insurer waives all rights of subrogation against LOCAL AGENCY except for CONSULTANT’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to LOCAL AGENCY, its elected or appointed officers, officials, employees, agents or volunteers.

6. 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 LOCAL AGENCY as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all 142

insurance required under this section has been approved by LOCAL AGENCY 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.

ARTICLE XX FUNDING REQQUIREMENT
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to 143

deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five
(45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and City Attorney), who may consider written (or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no 144

property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
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ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible 146

after receipt to verify it is a proper payment request. (2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of subapplicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
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d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits 148

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

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
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CONSULTANT: TJKM T)
Ruta Jariwala, Project Manager
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
LOCAL AGENCY: City of South Lake Tahoe
Jason Burke, Contract Administrator
1740 D Street, South Lake Tahoe, CA 96150

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties.

Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
(CITY OF SOUTH LAKE TAHOE) (TJKM)
Cristi Creegan, Mayor Ruta Jariwala
Date: Date: _________________________
Business License # 013582
APPROVED: ATTEST:
___________________________ ________________________
Heather Stroud, City Attorney Sue Blankenship, City Clerk Date: ______________________ Date: ____________________ Signed in Counterpart
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151

PROJECT WORK PLAN & SCHEDULE
Proposal for City of South Lake Tahoe
Vision Zero Plan Development 152
Vision Zero Plan Development | 16

PROJECT WORK PLAN & SCHEDULE
Project Understanding
Vision Zero recognizes that people will
sometimes make mistakes, so the road system
and related policies should be designed to
ensure those inevitable mistakes do not result in
severe injuries or fatalities. This means that
system designers and policymakers are
expected to improve the roadway environment,
policies (such as speed management), and other
related systems to lessen the severity of crashes.

Vision Zero is a multidisciplinary approach,
bringing together diverse and necessary
stakeholders to address this complex problem.

In the past, meaningful, cross-disciplinary
collaboration among local traffic planners and
engineers, policymakers, and public health
professionals has not been the norm. Vision
Zero acknowledges that many factors contribute
to safe mobility — including roadway design,
speeds, behaviors, technology, and policies —
and sets clear goals to achieve the shared goal
of zero fatalities and severe injuries.
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Vision Zero Plan Development | 17
It is our understanding that City of South Lake
Tahoe desires to enhance safety and operations
for all modes of transportation and users on a
proactive basis and is in the process of
developing a Vision Zero Plan and have received
Federal funds for it. The City is 10.6 square
miles, including 8.4 square miles of areas of
disadvantaged communities. The City plans to
develop a Zero-Vision Action Plan to improve
roadway safety by eliminating roadway
fatalities and serious injuries, focused on all
users. The goal of the plan is to develop the
tools to strengthen the community's
approach to safety through effective
countermeasures.

The City of South Lake Tahoe envisions
developing a data-driven Vision Zero Action
Plan, which will be a living document and
guide the City to commit to a Vision Zero
implementation plan that is concrete and
action-driven while being responsive to the
context and needs of the community. City of
South Lake Tahoe envision the Vision Zero
Plan through community engagement and
attention to equity shall create a guide that is
a road map for action and a tool for
measuring and assessing progress toward the
goal of eliminating severe injury crashes and
fatalities. Based on our experience working on
similar projects our Project Approach and
Scope of Work is detailed below.

Project Approach
The Vision Zero initiative, first initiated in
Sweden in 1997 and later embraced by many
European countries, has received significant
traction among US cities in recent years.

Transportation professionals and policymakers
at all levels of government have realized that
losing near 40,000 people to traffic-related
deaths each year is a staggering number and
that traffic crashes and the resulting loss of
human lives is completely unacceptable and
preventable. Vision Zero is a huge paradigm
shift from current and prior practices of local
governments where streets are primarily
designed to accommodate vehicular traffic and
most safety improvements were implemented in
a “reactive” mode after experiencing many
crashes, injuries, and deaths.

Vision Zero is a thoughtful and proactive and
comprehensive approach to implement Safe
System Approach by designing, operating,
and maintaining our public streets in a
manner that everyone can safely, reliably,
and conveniently access the transportation
network, irrespective of their mode choice,
age, gender, or socio-economic background.

It is an ongoing safety program working
towards a future with zero roadway fatalities
and serious injuries by focusing on
infrastructure, human behavior, responsible
oversight of the vehicle and transportation
industry and emergency response.

The FHWA has adopted the Safe Roads for
Safer Future - A Joint Safety Strategic Plan
that embodies the vision Towards Zero Deaths
and serious injuries on the Nation’s roadways.

Communities throughout the United States
have modified their Circulation Elements within
their General Plans to encourage well-balanced,
multimodal transportation with increased
emphasis on safety and accessibility for all
roadway systems users. Various organizations
throughout the world including the World
Health Organization, American Association of
154
Vision Zero Plan Development | 18
State Highway and Transportation Officials
(AASHTO), National Association of City
Transportation Officials (NACTO), American
Association of Retired Persons, and Institute of
Transportation Engineers have embraced Vision
Zero and Towards Zero Deaths movement in
different ways.

During the last three years, numerous cities and
counties have developed VZAP, aiming at
reducing traffic-related deaths to zero in the
next 15-20 years. Some cities and counties have
adopted even more aggressive goals and
pledged to eliminate traffic-related severe
injuries as well. While the involvement of
internal and external stakeholders and the level
of their commitment may differ from agency to
agency, all VZAP inherently focus on the same
goals of eliminating traffic crashes to zero in
coming years.

The City of South Lake Tahoe intends to analyze
its transportation networks, traffic volumes and
collision history, injury types and causes, system
parameters, etc., and develop a VZAP that will
enhance safety for all modes of transportation
and for all ages. City intends to utilize an
extensive community outreach process that will
ensure that the residents, businesses, and other
stakeholders have the opportunity to engage
and provide valuable feedback in the process.

The TJKM Team is quite excited about the
opportunity to utilize our extensive experience
in this area and develop a comprehensive,
realistic, and achievable Vision Zero Action Plan.

At the core of a VZAP rests a belief that every
traffic crash is preventable and traffic related
injuries and deaths can be avoided. A sound
Vision Zero Action Plan is built on the following
principles:

1. Commitment
The governing body, such as the Board
Members, must embrace the fact that trafficrelated deaths are preventable and that they are committed to eliminating, such deaths and
serious injuries from roadways. The City’s vision
to provide a safe and secure transportation
system for all users shows City’s commitment to
eliminating traffic fatalities from the
transportation infrastructure within the City. A
strong commitment to develop and implement
a VZAP from various stakeholders is critical to
achieving the goals of the Plan.

2. Collaboration
The VZAP is a data-driven, actions-oriented
plan, to be implemented in collaboration with
various departments, residents, businesses, and
other external entities that may include first
responder agencies, transit agencies, school
districts, Health Departments, etc. Coordination
and collaboration from these entities is
expected at all stages of plan implementation.
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Vision Zero Plan Development | 19

3. Equity
The plan must truly reflect the diversity of
transportation system users in terms of mode
choice, age, physical limitations, and socioeconomic background. It should support the safe and convenient accessibility needs of all
without compromising the needs of a specific
group.

4. Accountability
Development of a VZAP does not guarantee
elimination of traffic-related death and injuries
without full accountability from all departments
and external stakeholders that contribute to
various action items. To assure that the agreedupon targets are met and everyone is held accountable, appropriate Performance
Indicators (PI) and targets must be developed
and included in the Final VZAP.

TJKM has extensive experience developing
safety plans for all modes of transportation and
users and neighborhood traffic calming
programs that will be instrumental in
developing an ambitious yet implementable
VZAP for the City of South Lake Tahoe. From our
knowledge of similar plans developed by
numerous cities, we fully recognize that City’s
VZAP will be unique and may include different
elements that best meets the needs of its
community. Our preliminary Scope of Work to
developing this plan is outlined below. We do
recognize that with further discussions with
City’s staff and community, this approach will be
modified as appropriate.

Cal Enviro Equity Data superimposed
with Collision Data
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Vision Zero Plan Development | 20
Scope of Work
The following scope of work builds on the
Request for Proposal and is based on TJKM’s
experience working on similar projects.

TASK 1 KICK-OFF MEETING, REFINE STUDY

SCOPE/TASKS, TASK SCHEDULE, &

COMMUNITY ENGAGEMENT/

ASSESSMENT PROCESS

1.1 Project Kick-Off Meeting
The TJKM Team will schedule a Kick-Off Meeting
within the first month of Notice to Proceed. We
will prepare meeting Agenda, sign-in sheets,
handouts, and a brief PowerPoint presentation
to ensure meeting productivity. We anticipate
the following discussion:
 Discuss project goals and objectives
 Discuss Scope of Work and Schedule
 Finalize project timeline and identify key
milestones
 Discuss and confirm critical data needs and
data sharing protocol
 Discuss Community/Stakeholder Outreach
and Engagement Plan
 Discuss internal meeting schedule,
invoicing, and progress updates
 Discuss other relevant information

1.2 Monthly Reporting/Invoicing
TJKM will prepare monthly invoices and
progress reports in accordance with City of
South Lake Tahoe invoicing and reporting
methodologies. TJKM will obtain any templates
or protocols from City of South Lake Tahoe staff,
as available. Each progress report will at a
minimum include:
 Summary
 Progress narrative
 Description of tasks completed
 Project schedule describing the percentage
of each task/deliverable/milestone
 Summary of costs incurred per
task/milestone
 Schedule and schedule tracking narrative
 List of deliverable items
 Management issues
 Needed corrective actions
 Statement of resolution of problems
 30-day look ahead

1.3 Regular Project Management Meetings
The TJKM Team will facilitate up to 12 monthly
meetings with the project team and relevant
staff. TJKM also proposed to maintain all the
meeting notes, agenda and action items
through google docs which will be living
document throughout the life of project which
provides open and up-to-date communication
platform. We will provide agenda 48 hours in
advance and meeting notes within 48 hours
after each meeting. We anticipate that each
meeting to last for one hour.

1.4 Project Management Plan
The TJKM Team will develop a Project
Management Plan (PMP) at the onset of the
project, documenting overarching goals and
objectives of the project, communication
channels, project monitoring strategies, and
foreseeable challenges and plausible
alternatives. We will update the PMP on a
monthly basis concurring the project
management meetings.
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Vision Zero Plan Development | 21
Deliverables:
 City of South Lake Tahoe Project team
meeting to review and update project
scope/Kick-Off Meeting notes-next steps
 Project scope revisions and 12 month
schedule with milestones
 Project team meeting calendar with
milestones
 Stakeholder/Community group contact list
 Community and Stakeholder Outreach and
Engagement Program
TASK 2 ASSESSMENT OF EXISTING

POLICIES, PROGRAMS, & PRACTICES
(VALUE ADDED TASK)
The purpose of this task is to ensure the VZAP
visions and goals are aligned with prior planning
efforts and that the potential E’s strategies are
consistent with local and regional policies and
guidelines. The TJKM Team will review at a
minimum the following documents:
 County and Local Jurisdiction General Plan’s
 Specific Plans
 Bicycle and Pedestrian Master Plans
 Design Guidelines
 Engineering Standard Plans
 Capital Improvement Programs
 Regional Transportation Plan
 Federal Transportation Improvement
Program
 Safe Routes to Schools Initiative
We will summarize contents and key
transportation and safety elements of the
aforementioned documents in a Technical
Memorandum. Based on our firm’s past
experience, we ensure the VZAP is developed
consistent with the following documents:
 FHWA – Local and Rural Road Safety Briefing
Sheets: Local Road Safety Plans
 FHWA – Developing Safety Plans: A Manual
for Local and Rural Road (2012)
 FHWA – Systemic Safety Project Selection
Tool (2013)
 FHWA – Local and Rural Road Safety
Program
 California’s Strategic Highway Safety Plan
 Caltrans Systemic Safety Analysis Reports
Program Guidelines
 Caltrans Local Roadway Safety Manual
(LRSM)
 Highway Safety Manual
 NACTO, AASHTO, California Manual on
Uniform Traffic Control Devices
Deliverables:
 Technical Memorandum summarizing the
Existing Policies, Programs, and Practices
TASK 3 VISION ZERO TASK

FORCE/COMMUNITY ENGAGEMENT &

ASSESSMENT

3.1 Vision Zero Task Force
The TJKM Team with the assistance of City of
South Lake Tahoe staff, identify and recruit
relevant parties to participate in the citywide
Vision Zero Task Force Group, including but not
limited to:
 Elected officials or designated
representatives
 Jurisdiction Planning/Public Works staff
 Health and Human Services
 Law Enforcement/Public Safety (CHP,
Sheriff, Police and Fire)
 Education - Office of Education/Unified
School Districts
 Advocates - Bicycle and Pedestrian Coalition
 Local businesses – Chamber of Commerce
 Community Based Organizations
 Residents from identified Disadvantaged
Communities
Under this task TJKM Team will attend up to four
meetings organized by the City.
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Vision Zero Plan Development | 22

3.2 Vision Zero Task Force and Public
Outreach Schedule
Under this task, the TJKM Team in consultation
with City of South Lake Tahoe will develop a
public outreach plan which will include
scheduled public outreach meetings, data
gathering and incorporating information
previously collected from the community for
Tahoe Regional Planning Agency (TRPA), a
process to identify data sharing agreement and
travel patterns from TRPA, data scrubbing and
data sharing techniques. A total of two public
outreach meetings will be organized to review
data and documents at key milestones. TJKM
will develop presentation materials and
documents for outreach meetings and will
attend all of the above mentioned meetings.

3.3 Webpage
Under this task, to solicit feedback,
communicate data and information to the
public we will develop a City of South Lake
Tahoe Vision Zero Webpage on the City of South
Lake Tahoe website with a map based, user
friendly map tool.
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Vision Zero Plan Development | 23
We propose to use interactive GIS mapping
web base tool, which we have successfully used
for more than 60 LRSP projects within the State
of California. The interactive map tool will
provide an overview of Vision Zero and its
principles, purpose, goals, and objectives with
complete instructions for using the tool. The
webpage will include but not limited to project
overview, events, project updates, comment
boxes, contact information, a public draft review
section, in addition to an interactive GIS
mapping and interactive input. We propose to
update the website on a monthly basis.

3.4 Evaluation & Analysis of Collected
Information
Under this task, the information collected from
community engagement and stakeholder
workgroups will be summarized, evaluated, and
analyzed. Based on the evaluation and analysis
the findings will be cross-referenced with
project recommendations in existing
countywide plans.

Deliverables:
 Stakeholder Workgroup Contact
List/Participant confirmation
 Workgroup and Public outreach
calendar/schedule (10 month timeframe)
Maps, visuals and collateral, and meeting
notes/summaries for all meetings
 City of South Lake Tahoe Vision Zero
Webpage (through City of South Lake Tahoe
Website) with map based tool for public
feedback and information distribution
 Summary analysis of Public/Stakeholder
feedback including comment matrix and
community-driven projects list, as an
Appendix
 Summary (Matrix) cross reference of projects
with public comments in 2.4
 Organize and attend two public meeting
 Attend four Vision Zero Task Force meetings
Interactive GIS Map Input Platform for
reporting concerns from the community
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Vision Zero Plan Development | 24
TASK 4 VISION ZERO STATEMENT
Based on assessment of existing programs,
policies and other relevant documents, input
from the stakeholders and vision zero task force
group and in consultation with City of South
Lake Tahoe, TJKM Team will develop Vision Zero
Statement, Guiding Principles and Goals and
Objectives of the plan at the onset of the project.

TASK 5 DATA COLLECTION & ANALYSIS
TJKM has developed a tool to conduct collision
analysis using GIS maps, implementable actions,
and performance measure for VTA and the City
of Concord. We propose to develop similar
tool for City of South Lake Tahoe to conduct
the collision analysis, identify counter
measures and evaluate performance of
implemented measures as part of this
project.

5.1 Data Analysis
Collision Data. TJKM will obtain the latest 10
years of collision data from
California Highway Patrol’s
Statewide Integrated Traffic
Records System (SWITRS),
Caltrans Traffic Accident and
Surveillance Analysis System
(TASAS) and Transportation
Injury Mapping System (TIMS).

We will obtain statewide
statistics and collision data for
comparison. If data is available
we would also collect attribute
associated with collisions that would assist to
identify the number of collisions that involves
visitors.

Volume Data. We will utilize the Average Daily
Traffic (ADT) and turning movement counts
available for calculating crash rates. We will work
with city staff on obtaining counts from relevant
studies, including Caltrans Highway
Performance Monitoring System, Engineering
and Traffic Surveys, or travel demand models.In
addition, TJKM will collect daily traffic counts at
key segments (60 locations), bicycle counts (60
locations) and pedestrian counts (30 locations)
as indicated in the Request for Proposal. The
ADT information will be recorded in Excel and
GIS (shapefile) formats.

Systemic Analysis. The TJKM Team will conduct
a citywide collision analysis for all collisions, with
an emphasis on Fatal and Severe Injury (F+SI)
collisions. This will be a data-driven process
including the following steps:
 Collision Trend: Analyzing and summarizing
collision distribution including severity,
travel mode, trend over time, lighting
conditions, weather conditions, time of day,
demographics of the victims and parties atfault, collision type, and violation category.  Collision Profile: Combining collision factors
to identify prominent collision types.
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Vision Zero Plan Development | 25
We will produce GIS-based mappings, charts,
and other visualizations to help inform decision
making. We will summarize the collision analysis
and maps in a technical memorandum.

High Injury Network (HIN). This is a critical
step to identify locations throughout the City
that are collision-prone such that future collision
can be prevented. Primarily, TJKM will identify
City’s HIN by ranking collision rates over
roadway network. These are the corridors
responsible for F+SI on roadways.

In addition, the TJKM Team proposes to employ
the Sliding Window Algorithm (SWA) to
pinpoint collision-prone locations that can
oftentimes neglected from a simple HIN ranking
process. The SWA partitions City roadway
system into comparable segments and is used
to ensure the corridor ranking is based on
normalized collision rate calculation. Our
collision rate calculations will be in compliant
with Caltrans LRSM, FHWA guidelines, and
Highway Safety Manual.

Emphasis Areas (Collision Profile). Based on
the collision analysis and high-injury network
identified, the TJKM Team will identify up to
emphasis areas and develop a collision profile.

The collision profile will include description and
goals of the emphasis area, indicating the
primary risk factors, collision types, facility type,
and related collision statistical summary.
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Vision Zero Plan Development | 26
The emphasis areas will inform the identification
of countermeasures, policy strategies, and
safety projects in later stages of the project.

Deliverables:
 Citywide injury and collision data analysis
summary for 10 years
 Citywide HIN GIS Map
 Optional Task for keeping and distributing
data. Create a data dashboard that allows
for sharing of collision and injury data in
forms that are easily accessible and
understandable to the different stakeholders
in the region (e.g. summary data for
community members; condensed details for
staff and policy makers).

TASK 6 IMPLEMENTATION & EVALUATION

STRATEGIES

6.1 Policy and Strategies Development
The TJKM Team will share its experience and
involvement in safety related projects, as well as
suggest the most feasible and reasonable
practices that City of South Lake Tahoe should
take into consideration for implementation.

Vision Zero Policy is the guiding principle of the
Vision Zero Action Plan. It establishes a
foundation for ongoing actions and updates of
the VZAP. The Vision Zero Policy will include but
not limited to overarching goals and objectives
of City of South Lake Tahoe Vision Zero
initiatives, clear target on fatal and sever injury
collision reductions, suggested departmental
involvement, and performance tracking
methods.

6.2 Safety Projects & Programs
Engineering. In addition to pedestrian/bicyclespecific improvements, we will explore solutions for enhancing safety for all roadway users within
City of South Lake Tahoe. The TJKM Team will
leverage our extensive experience in LRSP, SSAR
and Vision Zero Action Plans to develop safety
projects for the City. We will also consider the
safety improvements identified as part of other
studies within the City at high-risk locations, and
will review the effectiveness of any
improvements that have already been
implemented within the City using available
historical collision data comparisons. In this task
TJKM will identify and develop one project
concept and grant application which will be
eligible for the Safe Streets for All (SS4A)
Implementation Project.

Under this task, TJKM will also identify nonengineering strategies in Education, Encouragement, Enforcement, and Emergency
Medical Services. We will develop actions,
performance measures, and monitoring steps
for each emphasis area. We will first review
existing safety programs provided by local
jurisdictions and extract ongoing efforts that
could be utilized for the emphasis areas.

Education. TJKM brings exceptional experience
developing educational material for
transportation system users of all ages. Our
extensive expertise with safety flyers/brochures,
websites, age-specific training programs, safety
videos, media campaigns, Safe Routes to
Schools initiatives, and Street Smarts programs
will be utilized to develop a broad range of
educational enrichment programs within City of
South Lake Tahoe.
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Vision Zero Plan Development | 27
TJKM will also learn more about the many
educational programs, if any offered by the
School District, and recommend additional
programs or services as appropriate.

Encouragement. Creating a safe culture where
people feel comfortable using the travel mode
of their choice. TJKM will develop strategies that
empower the community to participate in
various community-initiated safety events and
campaigns.

Enforcement. TJKM will work closely with the
Public Works and Police Departments to
develop strategies that will help calm traffic and
improve compliance of traffic regulations. Our
likely recommendations will include a wide
range of strategies including reducing speed
limits, radar enforcement of speed and red light
violations, pedestrian right-of-way violations,
and bicycle safety matters. We will also explore
and recommend effective sting operations
utilized by many enforcement agencies that
result in eliminating dangerous behaviors and
improved safety for all users.

Emergency Medical Services (EMS). TJKM will
coordinate with EMS Departments via emails
and phone call follow-ups to collect input on
concerns and challenges the EMS encounters
while providing service on roads on a daily basis.

We will base this on the input develop
engineering and non-engineering strategies
that improve roadway conditions and response
time of their services.

Equity. TJKM will coordinate with local
jurisdictions to identify most at-risk populations
for targeted messages. We want to address
transportation safety for all modes and include
all the community irrespective of social, racial,
and economic status and to achieve safer
transportation for all. We will use the following
strategies to address Equity:
 Involve Low-Income, Disadvantaged and
Minority Groups
 Engage and Involve Youth
 Engage communities of Color
 Engage with Senior Citizens and Older
Adults
 Engage with Persons with Disabilities and
Special Health Care Needs
 Engage with Limited English Proficiency
Populations
Engagement. TJKM will work with local
jurisdictions staff to develop strategies for the
outreach by developing video clips, websites,
and community workshops.

Evaluation. Tracking progress in reducing fatal
and sever injury collisions. The TJKM Team firmly
believes in measuring performance and making
necessary adjustment to improve continuously.

Supporting the adage “you can’t manage what
you don’t measure”, we will develop appropriate
PI that will inform City of South Lake Tahoe
about the success of its VZAP. The PI’s will be
aligned with Vision Zero policy which could
include but not limited to:
 Number of crashes involving bikes,
pedestrians, school-aged children, and
seniors
 Number of crashes where alcohol was the
prime factor
 Number of injury and fatal crashes
 Rate of injury and fatal crashes per 1,000
population
 Bicycle and pedestrian counts along major
corridors
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Vision Zero Plan Development | 28
 Number of children walking or bicycling to
schools
We will develop PI’s that are feasible,
meaningful, fairly straightforward, and
inexpensive to track year over year. Tracking
such PI’s will help City of South Lake Tahoe to
evaluate success of various strategies and allow
appropriate changes when intended results are
not achieved. We will summarize the E’s
strategies in a memorandum.

6.3 Implementation Framework
The TJKM Team will first provide a matrix of
pursuable Federal and State grant fact sheets
that instructs City of South Lake Tahoe and local
jurisdiction staff with materials and timeline for
each funding opportunity. We will develop the
Implementation Plan as part of the VZAP, based
on the E’s strategies with detailed descriptions,
estimated timeline of completion, responsible
agencies, and potential funding sources.

Deliverables:
 Short-term (one year or less) mid-term (onethree years) and long-term (four-seven years) action list of projects and programs
 Draft policy and resolution templates will be
kept flexible for modification by each
jurisdiction as needed with consistent policy
language
 Develop short/mid/long-term funding plan
in alignment with strategy list and resources
TASK 7 VISION ZERO PLAN OUTLINE,

FINAL PLAN, & APPENDICES
The TJKM Team will develop a VZAP plan outline
consisting at a minimum the following chapters:
 Executive Summary
 Acknowledgements
 Vision Statement
 Introduction
 Stakeholder Engagement
 Goals, Objectives and Strategies
 Policy and Planning Context
 Existing Conditions
 Best Practices
 Policy Development
 Proposed Safety Projects and Programs
 Implementation Plan
VZAP outline will describe the purpose and flow
of each chapter, as well as lists of potential
figures, maps, and tables and their purposes
within that particular chapter. The TJKM Team
will complete a Draft VZAP including all
components mentioned above. We will present
the Draft VZAP to the Technical Advisory
Committee, the Traffic Safety and Vision Zero
Advisory Committees, and the Board to receive
approval/acceptance of plans, as well as any
additional input prior to finalization. In addition,
we will email a web link of the Draft VZAP to all
stakeholders that have participated in the
planning process with instructions on how they
can provide feedback. Upon receipt of the
feedback, the TJKM Team will revise and
generate the Final VZAP based on input.

Deliverables:
 VZAP Outline-two rounds of review
 Draft VZAP and Appendices documents-two
rounds of review incorporate final round
comments received in Appendix
 VZAP PowerPoint for presentation to various
boards, councils, and committees
TASK 8 DRAFT VISION ZERO PLAN

PRESENTATION & ADOPTION
Under this task, TJKM will prepare and attend up
to two council meeting to present the findings
and also assist with adopting the Resolution and
the Action Plan. TJKM Team will present the
Draft VZAP to the City of South Lake Tahoe
Council for Adoption. Based on the input
received from the Council, the Draft VZAP will be
revised to incorporate the input. The Final VZAP
will be submitted to City of South Lake Tahoe for
approval and adoption.
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Vision Zero Plan Development | 29
Deliverables:
 Attend and present at two Council
Presentations
 Assist in adopting the Resolution and Action
Plan
 Final VZAP including any final draft changes
requested by the City of South Lake Tahoe
board. All plan data/documents/graphics
files/GIS in electronic format ready for print
production and website (Wordpress) ready.

Innovative Ideas
TJKM proposes to develop a Collision
Dashboard integrated with GIS Dashboard as a
part of VZAP to allow the City to evaluate
performance of safety measures and consider
implementation of safety measures for different
types of crashes on proactive basis. The
dashboard would contain collision data,
allowing the City to conduct collision analysis: by
travel mode; by severity of crashes; by age; by
gender; by time of day; and by demographics. In
addition, the Dashboard will allow the City staff
to identify locations where concentrations of
serious injury and fatal crashes occur, and share
the results with decision makers and the public.

Schedule
Our proposed team is an experienced team with
specific strengths in each of the areas required
to deliver this project on schedule and within
budget to the satisfaction of City of South Lake
Tahoe. Our proposed team has a proven track
record of successful similar projects and is
dedicated to providing high-quality products.

With our available resources and experience,
TJKM is equipped to provide the level of
responsiveness required by City of South Lake
Tahoe, all while providing professional and
quality services. We have developed an
individualized approach for each task that,
combined with an active project management
and team-oriented approach, will ensure the
delivery of timely, high-quality services.

The personnel listed in our organization chart
are available to work on the project for the entire
duration of the project. Our proposed staff has
the availability to accept and complete this key
project on schedule and within budget. TJKM
will complete this project in accordance with the
schedule shown below. We have provided a
complete schedule in the Appendix.

Task Name Duration Start Finish
Project Management 261 days Mon 10/2/23 Mon 9/30/24
Notice-to-Proceed 1 day Mon 10/2/23 Mon 10/2/23
Kick-Off Meeting 1 day Tue 10/10/23 Tue 10/10/23
Revised Scope of Work & Schedule 5 days Wed 10/11/23 Tue 10/17/23 Submit to South Lake Tahoe 1 day Wed 10/18/23 Wed 10/18/23 Regular Project Management Meetings 197 days Tue 12/27/22 Wed 9/27/23 Project Management Plan 5 days Wed 10/11/23 Tue 10/17/23 Submit to South Lake Tahoe 1 day Wed 10/18/23 Wed 10/18/23 Assessment of Existing Policies, Programs &
Practices 22 days Wed 10/25/23 Thu 11/23/23
Develop Draft Technical Memorandum 10 days Wed 10/25/23 Tue 11/7/23 Submit to South Lake Tahoe 1 day Wed 11/8/23 Wed 11/8/23 South Lake Tahoe Staff Review 7 days Thu 11/9/23 Fri 11/17/23 Develop Final Technical Memorandum 3 days Mon 11/20/23 Wed 11/22/23 166
Jurisdiction - City of South Lake Tahoe
Vision Zero Plan Development
Prepared by TJKM Transportation Consultants
Nayan
Amin
Ruta
Jariwala Mark Doty
Praranav
Happa
Gary
Schatz
Steven
Dautherman
Devyani
Padubidri Himangi Mutha
PIC &
QA/QC
Project
Manager
Deputy
Project
Manager
Project
Manager
Assistant
Transportation
Planner
Transportation
Planner
Billing Rate $265.32 $265.32 $175.40 $110.98 $176.04 $165.83 $95.67 $120.53 Task 1 Kick-Off Meeting, Refine Study Scope/Tasks, Task Schedule, & Community Engagement/Assessment Process 7 36 42 0 0 0 0 0 85 18,775.69 $

1.1 Project Kick-Off Meeting 2 4 4 10 2,293.53 $

1.2 Monthly Reporting/Invoicing 10 10 20 4,407.23 $ 1.3 Regular Project Management Meetings 4 20 24 48 10,577.35 $ 1.4 Project Management Plan 1 2 4 7 1,497.57 $ Task 2 Assessment of Existing Policies, Programs, & Practices (Value Added Task) 1 4 8 16 29 4,658.38 $ Task 3 Stakeholder Group/Community Engagement & Assessment 18 78 42 0 16 36 106 20 316 54,176.17 $

3.1 Stakeholder Working Group 2 8 10 10 30 5,363.97 $ 3.2 Stakeholder & Public Outreach Schedule 16 64 24 16 24 80 224 39,885 $ .66

3.3 Webpage 4 4 20 28 4,173.59 $

3.4 Evaluation & Analysis of Collected Information 2 4 12 16 34 4,752 $ .94 Task 4 Vision Statement 2 8 16 26 5,469.84 $
Task 5 Data Collection & Analysis 2 16 12 60 0 60 120 0 270 34,970.03 $ 5.1 Data Analysis 2 16 12 60 60 120 270 34,970.03 $ Task 6 Implementation & Evaluation Strategies 10 40 36 0 60 76 0 0 222 42 $ ,745.60

6.1 Policy Development 2 8 16 16 16 58 10,929.49 $

6.2 Safety Projects & Programs 2 16 12 24 40 94 17,738.55 $ 6.3 Implementation Framework 6 16 8 20 20 70 14,077.56 $ Task 7 Vision Zero Plan Outline, Final Plan & Appendices 6 20 24 16 40 80 186 30,200.42 $ Task 8 Draft Vision Zero Plan Presentation & Adoption 2 8 10 20 4,407.23 $ Sub-Total 48 210 174 60 108 212 226 116 1154 195,403.35 $ $ 48,500.00$ 5,000.00
Total $ 248,903.35
Hours by
Task
Cost by
Task
Direct Cost
Task
Senior Transportation
Engineer
Traffic Data Collection Travel (Mileage & Travel Expenses) 167
ID Task Name Duration Start Finish
1 Project Management 261 days Mon 10/2/23 Mon 9/30/24
2 Notice-to-Proceed 1 day Mon 10/2/23 Mon 10/2/23
3 Kick-Off Meeting 1 day Tue 10/10/23 Tue 10/10/23
4 Revised Scope of Work and Schedule 5 days Wed 10/11/23 Tue 10/17/23 5 Submit to South Lake Tahoe 1 day Wed 10/18/23 Wed 10/18/23 6 Regular Project Management Meetings 197 days Tue 12/27/22 Wed 9/27/23 17 Project Management Plan 5 days Wed 10/11/23 Tue 10/17/23 18 Submit to South Lake Tahoe 1 day Wed 10/18/23 Wed 10/18/23 19 Assessment of Existing Policies, Programs and Practices 22 days Wed 10/25/23 Thu 11/23/23 20 Develop Draft Technical Memorandum 10 days Wed 10/25/23 Tue 11/7/23 21 Submit to South Lake Tahoe 1 day Wed 11/8/23 Wed 11/8/23 22 South Lake Tahoe Staff Review 7 days Thu 11/9/23 Fri 11/17/23 23 Develop Final Technical Memorandum 3 days Mon 11/20/23 Wed 11/22/23 24 Submit to South Lake Tahoe 1 day Thu 11/23/23 Thu 11/23/23 25 Vision Zero Task Force/Community Engagement and
Assessment
199 days Wed 10/11/23 Mon 7/15/24
26 Vision Zero Task Force 15 days Wed 10/25/23 Tue 11/14/23 27 Vision Zero Task Force and Public Outreach Schedule 169 days Wed 11/22/23 Mon 7/15/24 28 Vision Zero Task Force Meeting 1 1 day Wed 11/22/23 Wed 11/22/23 29 Vision Zero Task Force Meeting 2 1 day Wed 2/7/24 Wed 2/7/24 30 Vision Zero Task Force Meeting 3 1 day Wed 4/17/24 Wed 4/17/24 31 Vision Zero Task Force Meeting 4 1 day Fri 7/5/24 Fri 7/5/24 32 Public Outreach Meeting 1 1 day Wed 3/27/24 Wed 3/27/24 33 Public Outreach Meeting 2 1 day Mon 7/15/24 Mon 7/15/24 34 Webpage 180 days Wed 10/11/23 Tue 6/18/24
35 Evaluation and Analysis of Collected Information 21 days Mon 11/27/23 Mon 12/25/23 36 Develop Draft Summary Matrix 7 days Mon 11/27/23 Tue 12/5/23 37 Submit to South Lake Tahoe 1 day Wed 12/6/23 Wed 12/6/23 38 South Lake Tahoe Staff Review 5 days Thu 12/7/23 Wed 12/13/23 39 Develop Final Summary Matrix 3 days Thu 12/14/23 Mon 12/18/23 40 Submit to South Lake Tahoe 1 day Tue 12/19/23 Tue 12/19/23 41 Vision Zero Statement 48 days Tue 12/19/23 Thu 2/22/24 10/10
10/18
10/18
11/23
11/22
2/7
4/17
3/27
12/19

M T W T F S S M T W T F S S M T W T F S S M T W T F
Sep 3, '23 Oct 8, '23 Nov 12, '23 Dec 17, '23 Jan 21, '24 Feb 25, '24 Mar 31, '24 May 5, '24 Jun 9, '24 Jul 14, '24 Aug 18, '24 Sep 22, '24 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Project: South Lake Tahoe Visio
Date: Fri 9/15/23
168
ID Task Name Duration Start Finish
42 Develop Draft Vision Zero Statement 21 days Tue 12/19/23 Tue 1/16/24 43 Submit to South Lake Tahoe 1 day Wed 1/17/24 Wed 1/17/24 44 City Staff Review 15 days Thu 1/18/24 Wed 2/7/24
45 Develop Final Vision Zero Statement 10 days Thu 2/8/24 Wed 2/21/24 46 Submit to South Lake Tahoe 1 day Thu 2/22/24 Thu 2/22/24 47 Data Collection and Analysis 101 days Wed 11/1/23 Wed 3/20/24 48 Data Collection 75 days Wed 11/1/23 Tue 2/13/24
49 Data Analysis 50 days Tue 12/5/23 Mon 2/12/24
50 Develop Draft Technical Memorandum 15 days Tue 2/6/24 Mon 2/26/24 51 Submit to South Lake Tahoe 1 day Tue 2/27/24 Tue 2/27/24 52 South Lake Tahoe Staff Review 10 days Wed 2/28/24 Tue 3/12/24 53 Develop Final Technical Memorandum 5 days Wed 3/13/24 Tue 3/19/24 54 Submit to South Lake Tahoe 1 day Wed 3/20/24 Wed 3/20/24 55 Implementation and Evaluation Strategies 102 days Wed 3/6/24 Thu 7/25/24 56 Policy Development 21 days Wed 3/6/24 Wed 4/3/24
57 Safety Projects and Programs 30 days Thu 3/28/24 Wed 5/8/24 58 Implementation Framework 21 days Thu 5/9/24 Thu 6/6/24 59 Develop Draft Technical Memorandum and Policies 15 days Wed 5/29/24 Tue 6/18/24 60 Submit to South Lake Tahoe 1 day Wed 6/19/24 Wed 6/19/24 61 South Lake Tahoe Staff Review 10 days Thu 6/20/24 Wed 7/3/24 62 Develop Final Technical Memorandum and Policies 5 days Thu 7/18/24 Wed 7/24/24 63 Submit to South Lake Tahoe 1 day Thu 7/25/24 Thu 7/25/24 64 Vision Zero Plan 73 days Fri 5/24/24 Tue 9/3/24
65 Develop Draft Vision Zero Plan 35 days Fri 5/24/24 Thu 7/11/24 66 Submit to South Lake Tahoe 1 day Fri 7/12/24 Fri 7/12/24 67 South Lake Tahoe Staff Review 21 days Mon 7/15/24 Mon 8/12/24 68 Develop Final Vision Zero Plan 15 days Tue 8/13/24 Mon 9/2/24 69 Submit to South Lake Tahoe 1 day Tue 9/3/24 Tue 9/3/24 70 Vision Zero Plan Presentation 29 days Wed 7/17/24 Mon 8/26/24 71 Council Presentation 1 1 day Wed 7/17/24 Wed 7/17/24 72 Council Presentation 2 1 day Mon 8/26/24 Mon 8/26/24 3/20
7/25
9/3
7/17

M T W T F S S M T W T F S S M T W T F S S M T W T F
Sep 3, '23 Oct 8, '23 Nov 12, '23 Dec 17, '23 Jan 21, '24 Feb 25, '24 Mar 31, '24 May 5, '24 Jun 9, '24 Jul 14, '24 Aug 18, '24 Sep 22, '24 Task
Split
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Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
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External Tasks
External Milestone
Deadline
Progress
Manual Progress

Project: South Lake Tahoe Visio
Date: Fri 9/15/23
169
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:7
Agenda Item: Electrical Facilities Cost Sharing Agreement with the California Department of Transportation (Caltrans)
Executive Summary: In 2021, the City executed a Cooperative Agreement with Caltrans to design and construct safety upgrades along US 50 from the US 89 junction to Pioneer Trail, including the addition of pedestrian flashing beacons east of Brockway Avenue, east of Winnemucca Avenue, east of Cave Rock Avenue, east of Herbert and a new traffic signal at Johnson Boulevard. The Electrical Facility Cost Share Agreement will complete the maintenance and energy costs requirements for these new signals, including the existing traffic signals along US 50. Caltrans anticipates finalizing the design in 2023 and the start of construction by Spring 2024. The City has been paying for the energy costs of the traffic signals along US 50 under a prior agreement from 1986.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute an Electrical Facilities Cost Sharing Agreement with Caltrans for traffic signal maintenance and energy costs, and authorizing the transfer of $50,000 from the City's Undesignated General Funds to cover the City's share for Fiscal Year 2023-2024.

Responsible Staff Member: Anush Nejad, Director of Public Works Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff_Report_-_CalTrans_Maintenance_Agreement.docx
02 - C-090-2021 Caltrans Coop Agreement
03-CalTrans Electrical Facilities Cost Sharing Agreement (Exh. A to Reso.) 04-Resolution_Caltrans_Maintenance_Agreement.docx
05-1986 Cost Sharing Agreement (C-08-86).pdf
170
Council Agenda Report November 7, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Maintenance Agreement with Caltrans for Traffic Signals along US 50 Location: U.S. 50 between State Route 89 (Y”) and Stateline Responsible Staff Member: Anush Nejad, Director of Public Works – (530) 542-6031

Background: On September 10, 2021, the city executed a Cooperative Agreement with the California Department of Transportation (Caltrans) to design and construct safety upgrades along US 50 from Junction 89 to Pioneer Trail. The project includes the addition of pedestrian flashing beacons east of Brockway Avenue, east of Winnemucca Avenue, east of Cave Rock Avenue, east of Herbert, and a new traffic signal at Johnson Boulevard. The agreement will complete the maintenance and energy costs requirements for these new signals, including the existing traffic signals along US 50. Caltrans anticipates finalizing the design in 2023 and constructing the project in 2025. The City has been paying for the energy costs of the traffic signals along US 50. (See Attachment 02 for Cooperative Agreement).

The project is currently in the final design phase and expected to be bid out this summer, with the start of the construction project by Spring of 2024.

Issue and Discussion: Caltrans is requesting an agreement with the maintenance and associated energy costs for all of the traffic signals in the corridor, including the new pedestrian signals and the new signal at Johnson Blvd. The City will pay the fair share of the costs for energy and maintenance (See Attachment 03 Maintenance Agreement). As a part of the agreement, the City would agree to pay its fair share of the costs bi-annually.

Financial Implications: The expected cost for the City’s portion of energy and maintenance is approximately $50,000 per year. The attached Resolution will allocate $50,000 in the budget from Undesignated General Funds to Account 20103510-42030 for the Expected Cost Reimbursement.

Environmental Considerations: The proposed maintenance agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301(c) (Existing Facilities) because it involves the maintenance and minor alteration of an existing public highway involving negligible or no expansion of existing or former use.

Policy Implications: The City’s participation in paying the fair share costs will strengthen the relationship with Caltrans and allow the City to have proactive input in other aspects of signal timing and maintenance.
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COOPERATIVE AGREEMENT
This AGREEMENT, effective on _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of South Lake Tahoe, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, United States 50 from Junction 89 to Pioneer Trail, improve roadway lighting, install green bike lane treatment and enhanced visibility crosswalks including pedestrian signals at mid-block crossings (PM 75.4/80.1) will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the Project Report.

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

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4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. The following work associated with this PROJECT has been completed or is in progress:
• CALTRANS approved the Negative Declaration on September 19, 2019. • CALTRANS approved the Categorical Exclusion on September 19, 2019. • CALTRANS is developing the Project Report.

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

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RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

9. CALTRANS is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CALTRANS is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. • CALTRANS is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the acquisition of right-of-way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT OF WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

11. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

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12. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT.

13. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.

14. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

15. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

16. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

CEQA/NEPA Lead Agency

17. CALTRANS is the CEQA Lead Agency for the PROJECT.

18. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

19. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY’s responsibilities in this AGREEMENT.

20. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

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21. The PROJECT will not require environmental permits/approvals.

Plans, Specifications, and Estimate (PS&E)

22. As the PS&E IMPLEMENTING AGENCY, CALTRANS is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

23. CALTRANS will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

24. CALTRANS will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

25. PARTIES acknowledge that the activities Final District PS&E Package (255.20) and Contract Bid Documents “Ready to List” (260) will be performed by CALTRANS. Because CALTRANS is anticipated to perform the advertisement, award, and administration (AAA) of the construction contract, the PS&E package must be reviewed and approved by CALTRANS District and HQ Office Engineers prior to advertisement.

CITY will ensure that any consultant involved in the preparation of the PS&E package will remain available to address all comments generated during the performance of the Final District PS&E Package and Contract Bid Documents “Ready to List” activities.

RIGHT-OF-WAY

26. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CALTRANS is responsible for all RIGHT-OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

27. CALTRANS will purchase easement rights in the CITY’s name, identified as permanent easement areas, in the name of the CITY for CITY’s decorative lighting improvements, which is part of this PROJECT. CITY agrees to accept easements.

28. Any condemnation for right of way easements will be in CALTRANS’ name using a Director’s Deed. CALTRANS will then convey those areas via Director’s Easement Deed to the CITY, subject to approval by the California Transportation Commission. CITY agrees to accept easements.

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29. The California Transportation Commission is responsible for hearing and adopting Resolutions of Necessity.

30. CALTRANS will provide Right-of-Way Certification prior to PROJECT advertisement.

31. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

32. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing.

Schedule

33. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

34. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with a final report of the WORK completed.

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Standards

35. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users’ Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
Qualifications

36. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

37. CITY will issue any encroachment permits that are necessary for WORK within its jurisdiction and outside the State Highway System right-of-way. CITY will provide encroachment permits to CALTRANS, its contractors, consultants and agents, at no cost.

38. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

39. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

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40. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

41. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

42. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

43. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

44. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

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45. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

46. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.

CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.

CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

47. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

48. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.

49. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

50. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

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51. PARTIES will maintain and ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP) that can properly accumulate and segregate incurred PROJECT costs and billings.

52. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.

PARTIES will retain all WORK-related records for three (3) years after the final voucher.

PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.

53. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.

CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.

The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.

The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.

The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.

Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.

Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.

54. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

55. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

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56. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements

57. The cost of awards, judgements, or settlements generated by the WORK are to be paid from the funds obligated in this AGREEMENT.

58. The cost of legal challenges to the environmental process or documentation may be paid from the funds obligated in this AGREEMENT.

59. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Environmental Compliance

60. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.

GENERAL CONDITIONS

61. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

62. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions

63. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

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64. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

65. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

66. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

67. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

68. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

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69. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

70. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution

71. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

72. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage

73. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

C-090-2021
DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 184
Agreement 03-0743
Project No. 0319000072
Project Development Agreement 2017-02-17 (Created March 16, 2021) 15 of 16 Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the DavisBacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.

C-090-2021
DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 185
Agreement 03-0743
Project No. 0319000072
Project Development Agreement 2017-02-17 (Created March 16, 2021) 16 of 16

SIGNATURES
PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Greg Wong
Acting Deputy District Director
D3 Program, Project and Asset Management
Verification of funds and authority:

Varinder K. Gurcha
District Project Control Officer

CITY OF SOUTH LAKE TAHOE
Tamara Wallace
Mayor
Attest:

Susan Blankenship
City Clerk
Approved as to form and procedure:

Heather Stroud
City Attorney
C-090-2021
DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 186
AGREEMENT 03 - 0743
Project No. 0319000072
EA 4H890
03-ED-50-75.4/80.1
Project Development Agreement 2017-02-17 (Created March 16, 2021) FUNDING SUMMARY NO. 01
FUNDING TABLE v. 12
IMPLEMENTING AGENCY CALTRANS CALTRANS
Source Party Fund Type PS&E
R/W

SUPPORT
R/W
CAPITAL Totals
STATE CALTRANS SHOPP 1,470,000 2,720,000 2,320,000 6,510,000 Totals 1,470,000 2,720,000 2,320,000 6,510,000

SPENDING SUMMARY
v 221
PS&E R/W Support R/W CAPITAL
Fund Type CALTRANS CITY CALTRANS CITY CALTRANS Totals
SHOPP 1,470,000 0 2,720,000 0 2,320,000 6,510,000
Totals 1,470,000 0 2,720,000 0 2,320,000 6,510,000
C-090-2021 DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 187
FUNDING SUMMARY No. 01 AGREEMENT 03 - 0743
Project No. 0319000072
Project Development Agreement 2017-02-17 (Created March 16, 2021) Funding

1. If there are insufficient funds available in this AGREEMENT to place the PROJECT rightof-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.

2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process.

ICRP Rate

3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until July 1, 2021, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.

4. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that that will change the federal share of funds.

Invoicing and Payment
Plans, Specifications, and Estimate (PS&E)

5. No invoicing or reimbursement will occur for the PS&E PROJECT COMPONENT.

C-090-2021
DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 188
AGREEMENT 03 - 0743
Project No. 0319000072
Project Development Agreement 2017-02-17 (Created March 16, 2021) RIGHT-OF-WAY Support

6. No invoicing or reimbursement will occur for the R/W SUPPORT PROJECT COMPONENT.

RIGHT-OF-WAY Capital

7. No invoicing or reimbursement will occur for the R/W CAPITAL PROJECT COMPONENT.

C-090-2021
DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 189
AGREEMENT 03 - 0743
Project No. 0319000072
Project Development Agreement 2017-02-17 (Created March 16, 2021)

CLOSURE STATEMENT INSTRUCTIONS

1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?

YES / NO

2. Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?

YES / NO

3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?

YES / NO

4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third-party billings (utilities, etc.) have been settled before termination of the AGREEMENT?

YES / NO

5. Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?

YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT.

C-090-2021
DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 190
AGREEMENT 03 - 0743
Project No. 0319000072
Project Development Agreement 2017-02-17 (Created March 16, 2021)

CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 03-0743 and any amendments to the agreement. The final signature date on this document terminates agreement 03-0743 except survival articles. All survival articles in agreement 03-0743 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.

The people signing this agreement have the authority to do so on behalf of their public agencies.

This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument.

The PARTIES acknowledge that executed copies of this AGREEEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Acting Deputy District Director
D3 Program, Project and Asset Management
Date:

Certified as to all financial
obligations/terms and policies
District Project Control Officer
Date:

CITY OF SOUTH LAKE TAHOE
Title TBD
Date:

C-090-2021
DocuSign Envelope ID: FB539CED-8106-4317-8EC4-FA86F9810956 191
07/26/2023
City of South Lake Tahoe
TR-03-23-TM-01
03-ED-050, PM 75.45 – PM 80.44
1 ELECTRICAL FACILITIES COST SHARING AGREEMENT

WITH CITY OF SOUTH LAKE TAHOE
This ELECTRICAL FACILITIES COST SHARING AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation ("STATE"), and the City of South Lake Tahoe (“CITY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”

RECITALS

1. This AGREEMENT will specify the CITY’s and STATE’s respective costs associated with the installation, operation, maintenance, repair, and replacement of electrical facilities, including electronically-operated traffic control devices along State Route 50.

2. The PARTIES executed a prior Electrical Facilities Cost Sharing Agreement covering other areas of SR 50. This AGREEMENT supersedes the prior Electrical Facilities Cost Sharing Agreement. The prior Electrical Facilities Cost Sharing Agreement will not remain in full force and effect.

OPERATIVE PROVISIONS

1. Prior Electrical Facilities Cost Sharing Agreements. This Agreement supersedes the PARTIES’ prior Electrical Facilities Cost Sharing Agreement dated February 4, 1986 (C-08-1986). The prior Electrical Facilities Cost Sharing Agreement will not remain in full force and effect.

2. Maintenance Responsibility. STATE shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code Section 27 and in accordance with California laws, regulations and STATE standards, including STATE’s Maintenance Manual, policies, procedures and specifications in effect and as amended. “Maintain” or “maintenance” if applicable under this AGREEMENT includes routine inspections of all structures, devices and facilities, repairs, cleaning, replacements, and improvements, if necessary.

3. Amendment to Exhibit A. Changes to electrical facilities shown on Exhibit A resulting from future improvements or alterations to the limits of the SR 50 or alterations to the electrical facilities covered in this AGREEMENT may be made by each PARTY executing an amended Exhibit A and/or executing additional pages to Exhibit A that will be attached to this AGREEMENT and will supersede the original Exhibit A.
192
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03-ED-050, PM 75.45 – PM 80.44
2 4. Amendment to Agreement. Except as provided in Section 3 above concerning Exhibit amendments, this AGREEMENT may only be amended by a written agreement executed by all PARTIES.

5. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the CITY’s jurisdictional limits.

6. Electrical Facilities. This AGREEMENT specifies the CITY’s and STATE’s respective costs associated with the installation, operation, maintenance, repair and replacement of electrical facilities, including; electronicallyoperated traffic control devices, flashing beacons, traffic signals, safety lighting, sign lighting, controllers, sensors, load switches, and pedestrian hybrid beacons, along SR 50 and specifically listed in Exhibit A.

7. Cost Sharing and Apportionment. Exhibit A lists the percentage of electrical facilities costs apportioned to each PARTY and shall be based on STATE’s actual costs.

8. Billing.

A. Maintenance costs for shared flashing-beacons, traffic-signals, pedestrian hybrid beacons, and traffic-signal systems (including integral overhead lighting fixtures) identified in Exhibit A shall be based on actual costs, including but not limited to (1) the costs of installing, repairing and replacing the devices and device components; (2) the costs of regular inspection and maintenance; (3) labor, including overhead assessment; and (4) energy costs.

B. Maintenance costs for all other safety lighting and sign lighting shall be based on calculated unit-costs derived by averaging STATE's District-wide costs each quarter, including but not limited to (1) the costs of installing, repairing, and replacing the devices and device components; (2) the costs of regular inspection and maintenance; (3) labor, including overhead assessment; and (4) energy costs.

C. STATE will bill CITY [biannually] in arrears for CITY’s share of electrical facilities costs listed in Exhibit A.
193
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TR-03-23-TM-01
03-ED-050, PM 75.45 – PM 80.44
3 9. Legal Relations and Responsibilities.

A. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations or rights of third parties beyond the PARTIES to the AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and CITY facilities different from the standard of care imposed by law.

B. Indemnification. Neither CITY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. STATE shall fully defend, indemnify and save harmless CITY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.

Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY in connection with any work, authority or jurisdiction conferred upon CITY pursuant to this AGREEMENT. CITY shall fully defend, indemnify and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.

10. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY.

11. Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT.

12. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. CITY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required. 194
07/26/2023
City of South Lake Tahoe
TR-03-23-TM-01
03-ED-050, PM 75.45 – PM 80.44
4 13. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

14. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT and shall have the same force and effect as manual signatures for this AGREEMENT.

City Clerk

THE CITY OF SOUTH LAKE TAHOE

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Dated: Dated:

Mayor Deputy District Director
Maintenance District 3
APPROVED:

Dated:

City Attorney
Dated:
195
07/26/2023
City of South Lake Tahoe
TR-03-23-TM-01
03-ED-050, PM 75.45 – PM 80.44
5 Exhibit “A”

ELECTRICAL FACILITIES AND COST SHARING AGREEMENT

COST APPORTIONMENT
STATE and City of South Lake Tahoe (CITY)
Effective October 17, 2023

BASIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route
and PM
Location Type of Facility Cost Distribution
State CITY
ED-50-

75.450
ED-50 & ED-89 T.A. Signal
(EC005)
75% 25%
6-150W LEDS
(C70, C377-C381)
75% 25%
ED-50-

75.830
ED-50 & 3rd St T.A. Signal
(EC026)
50% 50%
4-87W LEDS
(C255-C258)
50% 50%
ED-50-

76.030
ED-50 & Tahoe
Keys Blvd
T.A. Signal
(EC046)
67% 33%
Master Controller
(EMC05)
67% 33%
4-87W LEDS
(C12-C13, C441-
C442)
67% 33%
ED-50-

76.280
ED-50 & Truckee
Dr
2-164W LEDS*
(C804-C805)
50% 50%
1 PHB*
(PHB03)
50% 50 %
ED-50-

76.500
ED-50 & Lodi
Avenue
T.A. Signal
(EC050)
50% 50%
4-87W LEDS
(C45-
C46,C443,C764)
50% 50%
ED-50-

76.740
ED-50 & Sierra
Blvd
T.A. Signal
(EC048)
67% 33%
4-87W LEDS 67% 33%
196
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City of South Lake Tahoe
TR-03-23-TM-01
03-ED-050, PM 75.45 – PM 80.44
6 (C14-C15, C480-
C481)
ED-50-

76.920
ED-50 & Carson
Ave/Rubicon Trail
T.A. Signal
(EC008)
50% 50%
4-87W LEDS
(C16-C17, C482-
C483)
50% 50%
ED-50-

77.040
ED-50 &
Brockway Ave
2-164W LEDS*
(C806-C807)
50% 50%
1 PHB*
(PHB04)
50% 50 %
ED-50-

77.523
ED-50 & Al Tahoe
Blvd/Tulare Ave
T.A. Signal
(EC009)
50% 50%
Master Controller
(EMC02)
50% 50%
4-150W LEDS
(C221-C222, C590-
C591)
50% 50%
4-165W LEDS*
(C808-C809,C811-
C812)
50% 50%
ED-50-

77.650
ED-50 & Cave
Rock Ave
2-165W LEDS*
(C810, C813)
50% 50%
1 PHB*
(PHB05)
50% 50 %
ED-50-

77.770
ED-50 & Lyons
Avenue
T.A. Signal
(EC010)
67% 33%
4-150W LEDS
(C566-C569)
67% 33%
ED-50-

78.020
ED-50 & Tallac
Ave
T.A. Signal
(EC011)
67% 33%
4-150W LEDS
(C570-C573)
67% 33%
ED-50-

78.030
ED-50 & Harrison
Ave
1-165W LED*
(C708)
50% 50%
ED-50-

78.210
ED-50 & Lakeview
Ave
T.A. Signal
(EC012)
67% 33%
4-150W LEDS
(C574-C577)
67% 33%
ED-50-

78.430
ED-50 & Rufus
Allen Blvd
T.A. Signal
(EC013)
67% 33%
4-150W LEDS
(C578-C581)
67% 33%
197
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TR-03-23-TM-01
03-ED-050, PM 75.45 – PM 80.44
7 ED-50-

78.650
ED-50 & Takela Dr T.A. Signal
(EC014)
50% 50%
4-150W LEDS
(C582-C585)
50% 50%
ED-50-

78.770
ED-50 & Johnson
Blvd
T.A. Signal*
(EC054)
67% 33%
5-165W LEDS*
(C814-C818)
67% 33%
ED-50-

78.890
ED-50 & Fairway
Dr
T.A. Signal
(EC015)
67% 33%
4-150W LEDS
(C586-C589)
67% 33%
4-165W LEDS*
(C819-C822)
67% 33%
ED-50-

79.100
ED-50 & Herbert
Ave
2-165W LEDS*
(C823-C824)
50% 50%
1 PHB*
(PHB05)
50% 50 %
ED-50-

79.290
ED-50 & Ski Run
Blvd
T.A. Signal
(EC016)
50% 50%
4-150W LEDS
(C36-C37, C281-
C282)
50% 50%
ED-50-

79.550
ED-50 &
Wildwood Ave
T.A. Signal
(EC017)
67% 33%
2-150W LEDS
(C38-C39)
67% 33%
ED-50-

80.000
ED-50 & Pioneer
Trail
T.A. Signal
(EC018)
67% 33%
2-150 LEDS
(C223-C224)
67% 33%
2-165W LEDS*
(C825-C826)
67% 33%
ED-50-

80.140
ED-50 & Park Ave T.A. Signal
(EC019)
50% 50%
2-150W LEDS
(C706-C707)
50% 50%
ED-50-

80.215
ED-50 & La Salle
St
2-137 LEDS
(C249-C250)
67% 33%
ED-50-

80.259
ED-50 & Friday
Ave
T.A. Signal
(EC041
67% 33%
3-137W LEDS
(C534-C536)
67% 33%
198
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TR-03-23-TM-01
03-ED-050, PM 75.45 – PM 80.44
8 ED-50-

80.375
ED-50 & Transit
Way
1-137W LED
(C254)
67% 33%
ED-50-

80.437
ED-50 & Stateline
Ave
T.A. Signal
(EC020)
67% 33%
2-150W LEDS
(C638-C639)
67% 33%
Note: T.A. Signal – Traffic Actuated Signal
PHB – Pedestrian Hybrid Beacon
*Facility Added – Effective upon completion and acceptance of the project. 199
Resolution 2023-XXX November 7, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Authorizing Execution of a Maintenance Agreement with Caltrans for Energy and Maintenance Costs for Traffic Signals along US 50 and transferring $50,000 from Undesignated General Funds to Streets Account 20103510-42025, Contract Services for the Expected Cost Reimbursement

BACKGROUND
A. On September 10, 2021, the city executed a Cooperative Agreement with the California Department of Transportation (Caltrans) to design and construct safety upgrades along US 50 from Junction 89 to Pioneer Trail.

B. The project includes the addition of several pedestrian flashing beacons and a new traffic signal installation.

C. Caltrans is requesting an agreement with the maintenance and associated energy costs for all of the traffic signals in the corridor, including the new pedestrian signals and the new signal at Johnson Blvd.

The City will pay a fair share of the costs for energy and maintenance D. City’s participation in paying the fair share costs will strengthen the relationship with Caltrans and allow the City to have proactive input in signal timing and maintenance aspects.

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 and directs the Mayor to sign a Sigal Maintenance and Energy Costs Maintenance Agreement with the California Department of Transportation, which is attached hereto as Exhibit “A.”

2. Authorizes the transfer of the $50,000 for expected annual cost reimbursement to Account 20103510-42030.

Adopted by the City of South Lake Tahoe City Council on November 7, 2023, by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
200
Resolution 2023-XXX November 7, 2023 Page 2 of 2
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
201
202

AGREEMENT FON SHARING COST OF STATE HIGHWAY

ELECTRICAL FACILITIES WITH THE CITY OF SOUTH LAKE TAHOE THIS AGHEEMENT, made and executed in duplicate thie 4~1 day of FEb;[~ , 19 86, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as " State", and the City of South Lake Tahoe, hereinafter referred to ss "City".

WITNESSETH :

AGREEMENT
This agreement shall supersede any previous Agreement and/or Amendments thereto for sharing State incurred costs in the City with the City.

ELECTRICAL
Electrical facilities include flashing beacons, traffic signals, trafficsignal systems, safety lighting and sign lighting on the State Highway System. The cost of maintaining flashing beacons, traffic signals, traffic-signal systems, safety lighting, and sign lighting now in place at the intersection of any State Highway Route and any City street/ road shall be the responsibility of the State as shown in
Exhibit A.

ELECTRICAL ENERGY. The cost of electrical energy to operate flashing beacons, traffic signals, traffic- signal systems, safety lighting, and sign lighting now in place at the intersection of any State Highway Route andany City street/ road shall be the responsibility of the City as shown
in Exhibit A.All energy to operate the facilities as shown on Exhibit A are to be billed directly from the utility company
to the City..It iaagreed that monthly billings for utilityowned and maintained lighting will be the responsibility of the City. Exhibit A will be amended as necessary by written concurrence of both parties to reflect
changes tothe system. This agreement shall become effective Fe6aUZUtg4, ; 996 and s~all remain in full force and effect
until amended or terminated. The agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto. This agreement may also be terminated by either party upon thirty ( 30) days notice 203
204
205
206
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

CITY OF SOUTH LAKE TAHOE
Approved as to form and STATE OF CALIFORNIA
procedure: DEPARTMENT OF TRANSPORTATION
LEO J. TROMBATORE
Attorney Director of Transportation
Department of Transportation
y tierney District Dire
Hay be deleted if not applicable.

Approval by State's Attorney is not required unless ehan&es are made to this form, in which ease the draft will be submitted for Headquarters' review and approval by State's Attorney as to form and procedure.
207
208
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:8
Agenda Item: Purchase Order with Sawtooth Industrial, LLC. for Snow Blower Repair Executive Summary: During the winter of 2022-23, one of the snow blowers broke down and was removed from operations. Staff initially contacted SRM-Kodiak, the manufacturer of the equipment but they are not able to do the repair. Staff shipped the equipment to Sawtooth Industrial to evaluate the repairs and provide a quote for the repair of the equipment. The budget for this repair was anticipated and allocated in the Budget Reconciliation, which was approved by the Council on August 8, 2023. No additional budget is required at this time.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a sole source Purchase Order with Sawtooth Industrial, LLC for snow blower repair for an amount of $71,766.

Responsible Staff Member: Responsible Staff Members: Anush Nejad, Director of Public Works and Phil Harwood, Fleet Supervisor
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-Sawtooth Industrail LLC Purchase Order Agreement.docx 02-Sole Source Justification.pdf
03 - Sawtooth Quote.pdf
209
Council Agenda Report November 7, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Purchase Order Agreement with Sawtooth Industrial, LLC. for Snow Blower Repair Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Work – (530) 542-6031 Phil Harwood, Fleet Supervisor – (530) 542-6086
Background: During winter 2022-23, several snow blowers were damaged and removed from operations, including Unit 5054. Staff attempted to repair the blower, but the engine must be rebuilt. Staff initially contacted SRM-Kodiak, the manufacturer of the equipment. Kodiak informed staff that, at the present time, their repair facilities are not in operation. Staff shipped the equipment to Sawtooth Industrial to evaluate the repairs and provide a quote for the repair of the equipment. Sawtooth has the capability to repair this equipment and is recommended by Kodiak (See Attachment 02-Sole Source Justification).

Issue and Discussion: This damaged Snow Blower is one of the critical pieces of equipment in the Streets inventory, and the proposed repairs are essential to the snow operations. The engine requires complete re-built for optimal operation and compliance with Air Quality regulations. Sawtooth Industrial has broken down the equipment to determine the extent of repairs to provide a quote to the City. We anticipate the repairs to be completed and equipment shipped to the City before November 1, 2023.

Financial Implications: Staff has received a quote for $71,765.94 for the necessary repairs.

See Attachment 2. City uses a shipping company and the cost of shipping has already been accounted for. Funding for the repair was appropriate on August 8, 2023, with the Winer Storm Budget Reconciliation, where $160,000 was appropriated to Account 207-03610 for the anticipated equipment repairs (Resolution 2023-069).

Environmental Considerations: This repair work is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: The repair of the Snow Blower is essential in Snow Operations. 210
211
212
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:9
Agenda Item: Third Amendment to Agreement with SierraCon Inc. for Construction Management and Commissioning Services for the Multi-Generational Recreation and Aquatic Center Executive Summary: The Construction Manager represents the owner’s interest and provides oversight over the entire project directly for the owner and works with all parties to deliver the project on time, at or under budget, and to the owner’s expected standard of quality, scope, and function.

SierraCon Inc. was selected as the Construction Manager for the Multigenerational Recreation and Aquatic Center Project in 2021, with the scope of work and cost to be negotiated. The total cost of construction management services to the completion of the project, which is expected to be in January 2026, is $940,796. In addition, staff has requested three months post-construction support for $72,523 and Commissioning Services for $154,800. The total negotiated amount for these services is $1,168,000.

Requested Action / Suggested Motions: Pass a Resolution appropriating $1,168,000 for construction management and commissioning services related to the Multigenerational Recreation and Aquatic Center Project and authorizing and directing the Mayor Pro Tem to execute Amendment 3 to Professional Services Agreement with SierraCon Inc. in an amount not to exceed $1,168,000.

Responsible Staff Member: Anush Nejad, Director of Public Works Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Rec Center Award Sierra Con.docx
02-Amendment_3_to_Agreement_with_Sierra_Construction.docx 03 - Exhibit A to Amendment 3.pdf
04-Resolution-Budget_Approproation_and_Agreement_with_SierraCon.docx 213
Council Agenda Report November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Construction Management and Commissioning Services Related to MultiGenerational Recreation and Aquatics Center Project Location: 1150 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Background: On March 16, 2021, the City Council approved an agreement with SierraCon Inc. (SierraCon) for Construction Management Services for the Multi-Generational Recreation and Commissioning Services.

The Construction Manager (CM) represents the owner’s interest and provides oversight over the entire project directly for the owner. His/her mandate is to work with all parties to deliver the project on time, at or under budget, and to the owner’s expected standard of quality, scope, and function. The earlier a professional construction manager is retained, the greater the benefits.

Recognizing this need and in discussion with the project team, staff begin soliciting firms' qualifications to provide construction management services through all phases (design, bid, build). Staff released a Request for Qualifications (RFQ) to the public on January 5, 2021.

Five hundred and twenty-two (522) firms specializing in construction management were electronically notified. Sixty-two (62) firms registered as bidders and downloaded the RFQ documents. The Department of Public Works received electronic submittals on February 3, 2021. The City received thirteen (13) Statements of Qualifications (SOQ’s).

All submittals received were distributed to the five (5) City’s evaluation team members. Each one of the team members evaluated and then numerically scored each proposal based on the criteria outlined in the RFQ. The scores of all five evaluators were then added to achieve a cumulative score for each submittal and then averaged to obtain the initial review scoring, which provided a ranking. SierraCon Inc. was selected for the Pre-Construction and Bidding Phase for $791,243.

The Construction phase was included in the scope of services to be determined at a later time.

On March 16, 2021, the City Council approved a base contract in the amount of $791,243 for Construction Management Services with SierraCon. On July 20, 2022, the City Council approved Amendment 1 for $330,072 for additional construction management services related to the design phase of the project. On April 6, 2023, the City Council approved Amendment 2 for $323,072 for construction management services related to Phase 1 construction, bringing the total contract value to $1,444,387.
214
Council Agenda Report November 7, 2023 Page 2 of 2
Issue and Discussion: Staff has negotiated with SierraCon for the Construction Management services for Phase 2 construction. SierraCon has submitted a Proposal to the City, which includes the Commissioning Services. The total construction management services to the completion of the project, which is expected to be January 2026, is $940,796. In addition, staff has requested 3- month post-construction support for $72,523 and Commissioning Services for $154,800. The negotiated grand total amounted to $1,168,000.

Financial Implications: On August 8, 2023, during the award of the Recreation and Aquatic Center project presentation, staff estimated $1,000,000 for construction management services and $200,000 for commissioning services, for a total of $1,200,000. The proposed amendment is below the projected expenditure.

The attached resolution will appropriate funding for the Construction and Commissioning Services from the available cash on hand in the Measure P TOT fund. Along with the previous appropriations of $11,200,000, the total appropriations toward phase 2 from this funding source will amount to $12,368,000 which is marginally below the originally estimated total Measure P TOT cash on hand appropriations toward Phase 2 of $12,400,000.

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 #2021120206). This action is included within the scope of the IS/MND, and no further environmental review is required under CEQA Guidelines section 15162.

Policy Implications: The Parks, Trails, and Recreation Master Plan identifies the Recreation Complex Facility and the 56 Acre Plan as recommended projects for the City and the County to pursue. The 2007 56-acre draft Plan includes the recreation facility and expanded amenities in the El Dorado Recreation Area and furthers mutual agency goals to enhance the recreation experience for residents and visitors.
215
AMENDMENT 3 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 asfollows:

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. 3 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 April 2026. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by April 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. 3 by the sum of $1,168,000 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, plus the additional fee (Amendment #3 - Construction management for Phase II, Post Construction Services and Commissioning Services of $1,168,000, for an amended total fee of $2,612,545, 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 November 7, 2023.

CITY OF SOUTH LAKE TAHOE
_______________________________
By: Cody Bass, Mayor Pro Tern
APPROVED AS TO FORM:

CONSULTANT
________________________________
Joe Stewart
President- SierraCon/CORE
Business License # 009926
ATTEST:

Heather Stroud, City Attorney Susan Blankenship, City Clerk The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council. 216
City of South Lake Tahoe Recreation & Aquatic Center
~ 1121 Ski Run Blvd ~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ City of South Lake Tahoe September 27, 2023
Anush Nejad
Director of Public Works
1740 D Street
South Lake Tahoe, CA 96150
RE: Recreation & Aquatic Center CM/PM Consultant Services Proposal Dear Mr. Nejad,
SierraCon, Inc (SierraCon) is appreciative of the opportunity to provide the City of South Lake Tahoe (CSLT) this proposal for Construction Management/Project Management (CM/PM) professional consultant 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 project’s bidding period completed in June, 2023 with a construction Notice to Proceed (NTP) anticipated to be issued in August of 2023, with substantial completion of the project in approximately November 2025, and final completion no later than January, 2026.

SierraCon anticipates contract approval at the August 8, 2023 City Council meeting and beginning construction administration services in September of 2023. On-site construction management duties are anticipated to start on May 1, 2024 and end on December 1, 2025.

SierraCon has included a TASK for assisting with additional closeout for 3 months, through February of 2026.

2. SCOPE OF WORK
Construction Management consulting 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 CSLT, SierraCon will pay continuing attention to critical details throughout the project to better ensure success. SierraCon will act as advisors to CSLT, and in the field, and coordinate with the General Contractor(s), A/E team and CSLT to better assure project progress and accountability. SierraCon’s scope of work is based on the following direction from CSLT:

Consult on Building and Site Construction on behalf of CSLT - a) Daily On-Site Construction Activity and Oversight, including but not limited to:
- Being completely familiar with Contract Documents - Plans, Specifications, Contracts, Manufacturers Recommendations, etc. prior to start of construction
- Providing assistance to CSLT PM on oversight of Contract Plans, Specifications, Contracts, Shop Drawings, RFI’s, CO’s, Force Accounts, etc. during construction
217
City of South Lake Tahoe Recreation & Aquatic Center
~ 1121 Ski Run Blvd ~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ - Project Documentation including Monthly Reports, Noted Deficiencies, Photo Logs, Issues Tracking, Communications, All A/E Correspondence, etc. all in software system independent of general contractor documents. - Coordination and Communication with A/E in conjunction with CSLT PM, 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.
- 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 CSLT PM with IT/FF&E Coordination (contracted through CSLT) - Monitor Contractor & A/E Punchlist
- Receive and Review (In Conjunction with CSLT PM and A/E) O&M Manuals - Receive and Review (In Conjunction with CSLT PM and A/E) As-Built Drawings
- Complete Project Closeout Documents, Reviews etc. (In Conjunction with CSLT PM and A/E)
- Attend One Year Warranty Walk (In Conjunction with CSLT PM and 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, 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 CSLT PM and A/E)
e) Review and coordinate with CSLT PM and Architect the Pay Applications/Invoices. f) Receive and review for DIR prevailing wage compliance, as prepared and managed by General Contractors.
g) Assist CSLT PM with coordination of Jurisdictional Requirements. h) All Project Communications and Coordination with CSLT Project Manager i) Change Management Analysis and Recommendations – processing, tracking & coordination included.
j) Contract and provide coordination with UNVC for Commission Agent and Commissioning Inspections based on UNVC proposal for Systems and Enclosures Commissioning dated 9/27/23, 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. - 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).
218
City of South Lake Tahoe Recreation & Aquatic Center
~ 1121 Ski Run Blvd ~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ - Assumes a 110-volt power supply will be available (within 100 ft of the test area)
- Testing equipment to be provided by general contractor.

3. RATE SCHEDULE

STAFF CLASSIFICATION HOURLY
RATE
Project Director / Executive 345
Director of Field Operations 265
Construction Manager 225
Assist. Construction Manager 200
Field Engineer 175
Assist. Field Engineer - Punch List 148
Project Accountant 140
General Superintendent 228
MEP Manager 223
Schedule / Procurement Manager 170

4. ASSUMPTIONS, EXCLUSIONS, AND TERMS OF AGREEMENT
Assumptions –
• Full access to site to be provided during working hours and when general contractor is on-site
• Base contract for is approximately 27 months (NTP to Substantial Completion) starting in September 2023, 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
• Procurement and management of SWPPP compliance consultant & inspections – field coordination included
• Management of A/E contract – field coordination included • Management of general contractor(s) contract – field coordination included • Overtime (Above allowance included in fee proposal)
219
City of South Lake Tahoe Recreation & Aquatic Center
~ 1121 Ski Run Blvd ~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ Terms of Agreement –
• SierraCon invoice on a % complete basis based on a schedule of values. • 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. • This proposal is in addition to and separate from the services and costs included in the SierraCon preconstruction and bidding PSA (C-029-2021) originally dated March 16, 2021; as adjusted through amendment #2.

5. FEE SUMMARY

TASK COST
Phase 2 Base Scope of Work: $1,168,119
Phase 2 Scope Allowance Tasks: $0
TOTAL BASE + ALLOWANCES:
$1,168,119

Refer to Exhibit A’s, attached to this proposal, for detailed breakdown of proposed fee and UNVC Proposal for details.

Sincerely,
Doris Kelly
Vice President of Operations
220
SierraCon, Inc.

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Project Director $345 218 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 Construction Manager $225 2,184 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 Asst. Construction Manager $200 1,092 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 Field Engineer / MEP / QC $175 420 0 0 0 0 0 0 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 Field Engineer / Super $175 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Schedule Manager / Procurement $170 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Director of Field Operations $265 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Accountant $140 210 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8

TASK COST
Document Control, Printing & Reproduction CostsVehicles ExpensesSoftware: ProCore / Bluebeam / Video Conferencing Jobsite Trailer Office By GCJobsite Toilets & Wash Facilities (for CM Team) By GCPhotography and Construction Records Construction Manager $337 0
Asst. Construction Manager $301 0
Field Engineer / MEP / QC $262 0
Field Engineer / Super $262 0
Vehicles $12 0

TASK COST
Operating Tech & Software $0 LS
WebCam & Software $0 LS

TASK COST
BIM Coordinator $223 0

TASK COST
Asst. Construction Manager $200 252 half time
Field Engineer / MEP / QC $175 126 quarter time

TASK COST
Bldg Enclosure Commissioning $70,200 LS
LEED & Systems Commissioning $84,600 LS
Precon CX Review $0 LS by JKAE
Additional CX Services $0 LS by City

TASK COST
BASE SOW + ALLOWANCES - TOTAL $1,168,119
Post Construction Services - coordination of FF&E
install, closeout documentation & warranty
transition - based on 3 months post substantial
completion $72,523
3rd Party Consultants to be contracted through
SierraCon / CORE - UNVC Systems and Envelope
Commissioning - proposal dated 9/16/23
$154,800
ADDITIONAL SCOPE - SUBTOTAL $227,323
Participate in BIM Coordination & Review
$0
$0
BASE SoW (CONSUMABLES) - SUBTOTAL $53,100
BASE SCOPE OF WORK - TOTAL $940,796

ADDITIONAL SCOPE
Overtime if Requested / Required
(Allowance ~10%)
$0
Provide Monthly Drone, Web Cam & Structionsite
Progress Documentation
$0
$48,000
$5,100
$0$0$0
2025
PRE CON Procurement Construction

BASE SCOPE OF WORK (MANAGEMENT)
Construction Management - On-Site
Management
(Construction Oversight Through Closeout)
September 2023 - January 2026)
$887,696
BASE SoW (MANAGEMENT) - SUBTOTAL $887,696

BASE SCOPE OF WORK (CONSUMABLES)
EXHIBIT A - City of South Lake Tahoe Recreation and Aquatic Center - PHASE 2

ANTICIPATED TASK STAFF CLASSIFICATION HOURLY RATE TOTAL TASK HOURS

MONTHLY SCHEDULE / HOURS MONTHLY SCHEDULE / HOURS MONTHLY SCHEDULE / HOURS 2023 2024
9/27/2023
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UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 0 City of South Lake Tahoe Recreation and Aquatic Center
Systems & Enclosure Commissioning
Cx & BECx Services Fee Proposal – 9.16.2023
John Burningham
801.641.7270
[email protected]
Robert Lundeen
8018646710
[email protected]

9.27.2023 222
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 1

A BETTER COMMISSIONING EXPERIENCE
SUBJECT: CSLT Recreation and Aquatic Center
UNVC is celebrating 22 years in the commissioning business in 2023. Over the years, we have had the opportunity to partner with the State of Nevada and UNR Planning and Construction dept on many great projects, including Pennington Engineering Building and South Reno DMV. UNVC has also worked closely with CORE Construction on a wide variety of projects, from dormitories to schools, to athletic training centers to critical infrastructure buildings, and is in the process of wrapping up the TDVA Tahoe Event Center. These projects and our people have been instrumental in our continued evolution as an innovative building commissioning company. I hope that as you read this proposal, you will pay attention to the nuances of our firm and our commissioning process, as it is in these details that we separate ourselves from other firms. While commissioning has been around for a few decades, our approach has not. We are redefining what it means to commission a building, ensure it works, and ensure owners that they are getting what they are paying for.

Our team is lined up and excited to work with your design team, CORE / Sierra Construction, and their subcontracting team. We have extensive experience with several of these team members, having worked with them on various projects in the northern Nevada region. Their experience, when coupled with our team's unique experience and backgrounds, will yield a well-optimized building. As you review our qualifications in the Statement of Qualifications Section, you will see that we all have deep roots in the field as technicians, engineers, contractors, owners, and building operators. We understand what it is like to own, design, build and operate a building. With that understanding, we know how to best work with your team and establish a mutual respect that benefits all parties.

PROJECT UNDERSTANDING
• Building Levels: 2 levels
• Square Footage: 64,200
• Substantial Completion: 18-month construction period 5/2024 - 12/2025 occupancy • Owner Project Manager: City of South Lake Tahoe
• Facilities Manager/Operator: Public Works Dept.
• Architect: JK Architecture
• CM: CORE Construction/Sierra Construction
• Standards: Title 24, LEED Goal goal.
• Design Phase Cx Efforts by Mead and Hunt
• 3 LEED Cx points + 2 LEED BECx points = 5 total to be provided per Mead and Hunt Score Card The following systems shall be commissioned:
• HVAC
• Plumbing Systems
• Controls, BAS
• Electrical Systems
• Glazing Systems
• Air, Moisture, Thermal Control Systems
• Roofing Systems
• Subgrade Systems

COMMISSIONING TEAM
Our team will primarily consist of Michael Ruesch as the Commissioning Project Manager, Matt Marshall as the Commissioning Project Engineer, Derek Shupe as Test & Balance Engineer, Garrett Dodge as the Cx Testing Manager, and Robert Lundeen as the BECxA. You will have one of the most experienced Commissioning Teams in the Reno, Nevada Area, each with design and field applications engineering experience and more than 40 years of systems test and balance experience. 223
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 2 Each of us will be involved from the beginning until the end. We also have the capacity to lean on our other team members (30+ in all) to provide additional expertise, manpower, and support to ensure the schedule is met and the commissioning effort is comprehensive.

Project Manager/CxA Michael Ruesch Main point of contact, in meetings, coordination, the driver of Cx efforts Project Engineer Matt Marshall Engineering oversight and support to team members CxA Testing Garrett Dodge, Derek Shupe, Scott Payne Coordinates and performs all testing Project Principal John Burningham Oversight and support to all team members Enclosure BECxA Robert Lundeen Inspections, testing, issue resolution, coordinate w Brooke BECx efforts BECx Testing Zach Johnson Enclosure testing technician
The Cx scope of work would begin immediately in the early phase of construction to review the installed equipment and work with contractors through start-up, testing, balance, and close-out to provide a high-quality building for the owner. The operations schedule and sequence of operations will be 100% checked out to ensure all building and equipment safeties and alarms are working with the Building Management System (BMS). The sequence of operations will be thoroughly tested, and a point-to-point will be executed on 100% of the MEP to ensure critical function and performance. The equipment will be reviewed to ensure that it is operating to the design conditions noted on the equipment schedules. The rooftop and common area equipment will be checked out at 100% to ensure highquality installation and performance of the new equipment.

We include monthly site reviews, and maintenance access walks into the proposed contract to enhance coordination with the contractors on site. The coordination meetings with the MEP team add tremendous value to the project and provide an extra level of owner quality control and communication with the site teams. We look forward to the opportunity to work with the project team to deliver an exceptional, high-performing building.

We are very excited about the new opportunity to work with the City of South Lake Tahoe and demonstrate the benefits of a well-commissioned building. If you have any questions or clarifications, please call me at 801.641.7270.

Best Regards,
John Burningham
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UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 3

COMMISSIONING SERVICES FEE PROPOSAL
Activity Systems Commissioning
Activity Description
CX SCOPE Notes
CONSTRUCTION PHASE ACTIVITIES – ALL DESIGN PHASE CX EFFORTS (DESIGN REVIEWS) HAVE BEEN COMPLETED BY MEAD & HUNT PER DORIS KELLY’S EMAIL 9.21.2023 Submittal & Shop Drawing Review
(LEED, spec, not email)
UNVC to review 100% related shop drawings and submittals. At a minimum, reviews will address constructability, sequencing, performance, function, durability, and related systems interface. Deviations from the OPR must be noted. Provide review comments to MEP related submittal and shop drawings either concurrently or sequential to the design team's review.
x
Owner's Project Requirements
(OPR)
UNVC to clarify Cx OPR Requirements. Assist the design team in developing the OPR as it relates to related building systems. Align OPR with owner priorities (provide a reference to priorities). Additional priorities may include the following:
• Occupant's Functional Experience
• Life Cycle Cost
• Energy Efficiency (Cost)
• First Cost
• Maintenance & Operations Costs
• Constructability
• Safety
• Renewable Energy
• Environmental Stewardship
Etc.
x
Commissioning Plan UNVC to provide a Cx plan as necessary for changes made to the contact documents (ASIs, PRs, Addenda, COs), approved equipment, controls systems, etc. once subcontractors have been bought out, submittals approved, and value engineering efforts have been completed.
x
Cx Kick-Off Meeting UNVC to facilitate an in-person meeting for the project team with a review of the Cx process including roles, responsibilities, deliverables, schedule, OPR, and milestones. x
Develop Preliminary Cx /
Construction Schedule
UNVC to coordinate with the general contractor in identifying Cx milestones within the overall project schedule. UNVC will ensure milestones are placed appropriately and tracked on the project schedule.
x
Sequence of Operations / Controls
Integration Coordination Meeting
UNVC to facilitate a review of proposed controls strategies. Ensure participation of the MEP engineering team, building operators, subcontractors, and related vendors. Review to occur after submittals have been approved.
x
First Install Reviews UNVC to review contractors documentation of equipment to ensure proper installation per the construction documents, industry standards and manufacture's recommendations. The following at a minimum are recommended. • Piping, including piping supports, underground, overhead • Duct, including sealing
• Terminal equipment
• Fan coil units
• Piping insulation
x
225
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 4 Activity Systems Commissioning
Activity Description
CX SCOPE Notes
• Duct insulation
• Overhead rack electrical distribution
• Electrical voltage drops
• Occupancy and daylighting sensor
Start Up Testing - Contractor
Performed - UNVC Witnessed /
Reviewed
UNVC to be onsite for the startup when requested for major pieces of equipment and major systems, listed below, to ensure proper procedures per manufactures recommendations. UNVC to ensure that startup forms are completed by manufactures representative using manufactures recommended forms.
• AHU
• Boilers
• Chillers
• Pumps with VFDs
• ERVS
• Packaged RTUs
• Dx condenser units (over 5 tons)
• VRF units
• Heat pumps (over 5 tons)
• Generators
UPS systems
x
Static Testing –
Contractor Performed
UNVC Witnessed / Reviewed
Contractor to perform static testing and complete forms. UNVC to check the forms, not witness the testing, to verify static measurements. Equipment and testing to be reviewed at a minimum.
• Duct Pressure
• Pipe Pressure
• Pipe Flushing
• Megger Test
• Torque Test
• Hi-POT Test
• Chlorination Test
• Panel IR Test
• Transformer Oil
• Ground Resistance
• Piping Slope Verification
• Breaker Testing
• Generator Load Bank Test
Battery Back Upload Bank
X UNVC is witnessing a significant
portion of the static testing and
can be there to ensure it is
done correctly.

Prefunctional Testing (PFT) –
Contractor Performed / UNVC
Reviewed
UNVC will create the PFT forms for all pieces of equipment. UNVC to then review the contractor completed forms and spot verify equipment to ensure proper installation of all the systems.
• Mechanical equipment
• Lighting
• Panelboards
x
226
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 5 Activity Systems Commissioning
Activity Description
CX SCOPE Notes
• Emergency electrical backup
• Plumbing fixtures
• Mixing valves
• Security access controls
• Electrical outlets
Functional Performance Testing
(FPT) – @ 25% Contractor
Performed - UNVC Witnessed /
Reviewed
UNVC will create Functional Performance Testing (FPT) forms. UNVC witness the contractor performed testing. A 25% confirmation of all systems will be required including main equipment, terminal equipment, controls points, lighting controls, plumbing fixtures and equipment. UNVC to ensure Operations and Maintenance manuals and startup reports are delivered to UNVC prior to FPT. x Significant failures will require
additional testing and
witnessing by the CxA. Note the
allotted number of site visits
anticipated.

Retesting of Equipment and
Systems
UNVC to coordinate with contracting team retesting efforts. In the event of a failure, all parties to support the effort to investigate and provide a remediation path to be taken by the contracting team. Retesting in excess of number of contracted tests to be performed at the expense of the General Contactor via the Owner. x
Sequence of Operations (SOO)
Testing – 25% Option
UNVC to review and test 25% of SOOs for all mechanical, plumbing, and electrical equipment. All main systems and pieces of equipment plus at least two terminal pieces of each system must be tested. The controls contractor must be present. Verify and provide documentation (screen shots) that SOOs meet the intent of the OPR. x
Proportional, Integral, and
Derivative (PID) Loops
UNVC to test each PID loop for hysteresis and tuned. To increase effectiveness AutoTuning is prohibited. x Commissioning Meetings and Site
Inspections
UNVC to facilitate with the project team periodic coordination meetings to review the commissioning effort. Issues to be reviewed typically include sequencing, constructability, testing, schedule, field issues, and resolutions. It is suggested that the building operators attend whenever possible. Site inspection of current MEP efforts also included. Frequency as follows:
• Early Construction - Cx Kick Off meeting only
• Construction/MEP Install - Onsite monthly
• Testing/Substantial Completion - Onsite weekly / 25% checkout • Occupancy – 1 visit early occupancy and 6 mo. / seasonal testing 24 visits
anticipated
Additional visits / site presence
beyond 24 to be billed at the
rate below
Issues Resolution UNVC to provide timely assistance the project team members to aid in the resolution of deficiency, omissions, and non-conformance issues. UNVC will request relevant contractors to be present for site inspections.
x
Review Systems Manual Review the contractor provided MEP systems manual to ensure completeness – MEP Systems to be reviewed.
x
Preventative Maintenance Plan
Review
Cx to review PM plans as submitted by the contractor to ensure facilities management understands anticipated PM efforts.
x
Ongoing Cx Plan UNVC to provide building operators an ongoing Cx plan to help ensure performance and avoid building performance drift over time.
x
Season Testing & Six Month Post
Occupancy Review
UNVC to facilitate a review of the commissioned systems with the design team, vendors, contracting team, building operators to review new issues, warranty issues, unresolved issues, seasonal testing (by contractors) etc. prior to the expiration of the warranty period.
x
227
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 6 FEE Enhanced Notes
Total Services Fee (Construction and Closeout Activities) – 3 LEED Points & the Cx Prerequisite $67,800 24 visits anticipated Additional Services as Needed
Monitoring Based Cx (assuming the design accounts for the necessary components) + 1 LEED Points $8,800 Site Visits by CxA, PM, or Testing Lead per Visit (includes lodging and travel $2,000 / day Enclosure Commissioning (see below for a full description) + 2 LEED Points See Below § All travel related expenses, lodging, meals, airfare, mileage, etc., are included in total hourly fee budget. § UNVC to provide all testing equipment as it relates to the commission scope. Any test that UNVC is to witness the expectation (and noted in the RFQ) is that the contractor will provide their own testing equipment.
§ UNVC will conduct visual inspections of installed electrical systems per NETA Acceptance Testing Specifications.

Activity Systems Commissioning
Activity Description
CX SCOPE Notes
Cx Process Tracking General Contractor to update the owner at each Owner/Architect/Contractor meeting.

OAC meeting minutes to track the following:
• Number of open Cx issues
• Number of resolved issues
• Date of last site observation/site test
• Date of next site observation/site test
• Major issues
UNVC to record all issues in Cx log via Cx Alloy or Contractor’s PM software (e.g., ProCore, Bluebeam, etc.)
x
LEED Documentation UNVC to upload to the LO the required construction phase documentation and resolve as needed.
x Design phase documentation to
be provided by Mead and Hunt
and or the design team.

Final Cx Report Final report to include the following. All drawing reviews, final OPR, final Cx plan, BECx specifications, all site reports, all testing reports.
• Executive summary
• Unresolved issues
• PFT results
• FPT results
• Cx log
• Cx meeting minutes
• Start Up reports
• SOO & Point to Point reports
• Static test forms
• Trending reports (when contracted)
• Owner training documents (agenda, forms, evaluation forms) • Cx design reviews
• Cx submittal reviews
• Final Cx plan
x Report to the owner and team.
add 4 visits for issues $8,000 Total Commissioning - $84,600 228
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 7 § Retesting will be provided by UNVC in an expedient manner such that deficiencies do not collect over time but are eliminated as they are identified. Retesting efforts to be billed at $175 per hour with a 4-hour minimum.

BUILDING ENCLOSURE COMMISSIONING SERVICES COST PROPOSAL Activity Building Enclosure Commissioning
Activity Description
Recommended
BECx
Notes

CONSTRUCTION PHASE ACTIVITIES
BECx Kickoff Meeting Meet with the project team and enclosure subcontractors to review the building enclosure commissioning process. This meeting is specifically focused on construction activities including milestones, responsibilities, point of contact and distribution, expectations, the enclosure mockup, enclosure inspections, upcoming testing, and common enclosure deficiency conditions. x Virtual Meeting
intended
Enclosure Mockup Testing Functional Performance Testing based on design intent, manufactures performance requirements, and industry best practices, is conducted to verify the performance of products and systems. Testing includes air and infiltration, water penetration, and adhesion. Mockup testing must be attended by representatives of the owner, general contractor, and enclosure subcontractors. We recommend first install of two windows and adjacent wall, AWB, and flashings – no cladding. 1 Day
Functional Performance
Testing
Functional Performance Testing based on design intent, manufactures performance requirements, and industry best practices. Testing includes air and infiltration, water penetration, and adhesion.

Testing must be attended by representatives of the owner, general contractor, and enclosure subcontractors.
2 Days
Enclosure Periodic Site
Inspections
Periodic site inspections of the building enclosure installation. The installation is reviewed versus the Enclosure Systems Checklists, installation instructions, architectural and shop drawings, and good industry practice. Results are reviewed with the general contractor and related subcontractors, as well as tracked in an Enclosure Site Inspection Report for distribution to the project team. 4 More or less can
be provided if
requested.

Whole Building Air Test
(WBAT) and Thermographic
Inspection
The ASTM E779 Whole Building Air Test is a 10-18 hour test of the enclosure to measure unintentional air leakage through the enclosure. During this test, the building must be closed to nontesting personnel except a representative of the general contractor. The test is conducted with large fans placed in the entrances and measuring devices spread throughout the building. Additionally, a thermographic imaging inspection of the exterior provides a visual representation of the air leakage.

Code requires design goal of 0.4 cfm psf/envelope, but no verification.

Many owners opt to leverage a WBAT to ensure performance. Based on our preliminary review a

0.25 (better than 0.4) may be achievable which will increase building performance over the life of the building.
x See fee summary
Enclosure Functional
Performance
Re-Testing
In the event of a test failure, we participate in the identification and remediation by the installer, verifying the proposed solution will solve the problem without causing additional issues, and be repeatable for similar conditions on the building. Once remediation is complete the location is x
229
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 8 Activity Building Enclosure Commissioning
Activity Description
Recommended
BECx
Notes
retested. Often, additional locations are tested to ensure the remediation is consistent throughout the enclosure.

CLOSEOUT ACTIVITIES
Final Building Enclosure
Record
Summary of all BECx activities including drawing review comments, submittal reviews, checklists, site inspections, functional performance testing.
x
Post Occupancy Review, PM
Plan & LEED Documentation
Per LEED, a warranty phase review and Preventative Maintenance plan will be provided. LEED documentation uploaded to LEED Online. Resolution and follow up as needed to ensure 2 pts. x
Fee Summary Recommended
BECx
Notes
BECx Fee (as outlined above, including 3 days of testing and 4 site inspections) + 2 LEED Points $41,000 Whole Building Air Test and Thermal Scan (per spec to verify 0.4 cfm/sf per ASTM E779, per IECC 2018) $10,000 Construction Phase BECx Fee $51,000
Additional Fees – if requested
Full day of Air and Water Testing (air barrier, windows, interfaces) $4,200 Site Inspections, Issues Resolution, Report $3,000
Whole Building Air Test (WBAT) $10,000
Thermal Scan $2,000*
*$4,000 if not done at the same time as the WBAT, due to the extra travel, prep, coordination, etc. § Site Inspections, and Functional Performance Testing activities include travel time, materials, costs, and reporting. § Based on the requirements of the specifications and decisions of the design team, 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 bill the appropriate parties then.

Items Provided by UNVC as Part of Services:
§ BECxA, Program Manager, and Test Technicians.
§ All equipment necessary to perform functional performance testing. § Activity reports documenting findings, recommendations, and results.

Items Provided by Others:
§ Free and clear access to the test areas, lifts, and / or scaffolding as required to access the interior and exterior of the test specimens fully. § Water source capable of providing 5 gallons of water per hour per square foot of the test specimen (within 200 ft of the test area). § 110-volt power supply (within 100 ft of the test area). § Temporary protection of vulnerable areas from excess moisture related to functional performance testing. § Repair of damage which may result from testing activities.

Total $70,200
230
UNVC | SYSTEMS COMMISSIONING SERVICES PROPOSAL PAGE | 9 John Burningham
801.641.7270
[email protected]
231
Resolution 2023-XXX November 7, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Appropriation of Funds for Construction Management and Commissioning Services for the Multi-Generational Recreation and Aquatics Center Project Phase 2 in an amount of $1,168,000

BACKGROUND
A. The City of South Lake Tahoe has designated the Multi-Generational Recreation and Aquatics Center a viable and highly desired community project.

B. The City Council Awarded the Construction of the Project to Roebbelen Constructing, Inc. on August 8, 2023.

C. SierraCon Inc. (SierraCon) was selected through a competitive qualification process and was awarded the Construction Management Services on March 16, 2021.

D. The Department of Public Works has negotiated an Amendment to SierraCon contract for construction management and Commissioning for Phase 2.

E. The Department of Public Works recommends awarding the Construction Management Services for Phase 2, three months of Post Construction services, and Commissioning Services to SierraCon for a total of $1,168,000.

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

1. Appropriates a total of $1,168,000 from Measure P TOT fund cash of hand to Account 30160018-42020, Professional Services, to fund Phase 2 project costs.

2. Authorizes and directs the Mayor Pro Tem to execute Amendment #3 for Construction Management for Phase 2, Post Construction Services and Commissioning Services to SierraCon Inc. for $1,168,000.

Adopted by the City of South Lake Tahoe City Council on November 7, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
232
Resolution 2023-XXX November 7, 2023 Page 2 of 2
________________________ Date:_________
Cody Bass, Mayor Pro Tem
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.
233
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:10
Agenda Item: Amendment to Permanent Local Housing Allocation (PLHA) Grant Eligible Activities Executive Summary: The California Department of Housing and Community Development (HCD) released the Notice of Funding Availability (NOFA) for the Permanent Local Housing Allocation (PLHA) beginning in 2019 to provide local government a permanent, on-going source of funding for housingrelated projects and programs that assist in the unmet needs in their communities. Staff is recommending City Council adopt the resolution to amend the application originally authorized by Resolution (Resolution 2020-060) to expand the Eligible Activities to the PLHA 5-year plan to provide more flexibility for implementation.

Requested Action / Suggested Motions: Pass a Resolution amending the Permanent Local Housing Allocation (PLHA) formula grant application to expand the Eligible Activities to the PLHA 5-year plan to provide more flexibility for implementation.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Reviewed and Approved By: Zachary Thomas, Interim Development Services Director Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff_Report_-_PHLA.docx
02-Resolution-PHLA_Amendment.pdf
03-Res 2020-060 Authorizing Resolution for an Application for PLHA.pdf 234
Council Agenda Report- November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Amendment to Permanent Local Housing Allocation (PLHA) Grant Eligible Activities Location: Citywide
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Background: The California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) for $195 million for the Permanent Local Housing Allocation (PLHA) program. Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 363, Statues of 2017).

SB 2 established a Fund and authorized HCD to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to local governments for housing-related projects and programs that assist in addressing the unmet needs of their communities. Under the Formula PLHA program, the City of South Lake Tahoe is eligible to receive up to $994,219 over five years. The City has been awarded with the first, second, and third year-allocation totaling $729,776. Staff will respond to the fourth round NOFA when it is released in Fall 2023. There is also a competitive PLHA grant in which Sugar Pine Village was awarded $5,000,000 in both 2021 and 2022 totaling $10,000,000.

On July 14, 2020, the City Council adopted Resolution No. 2020-060 to authorize an application for, and receipt of, PLHA funds to fund a first-time homebuyer down payment assistance program. The City was awarded, and the Standard Agreement was executed on June 21, 2021.

Issue and Discussion: A Request for Proposals (RFP) was released in March 2022 to solicit proposals from outside entities to administer a first-time homebuyer down payment assistance program.

The City received no responses to the proposal. With the lack of responses, City staff began an analysis of the efficacy of a homebuyer assistance program in the current market.

City staff did an assessment on local home prices in comparison to incomes to better understand how many residents could be assisted through a down payment assistance program. Data demonstrates that there is a mismatch between the homebuyer market and local incomes which would require an outsized amount of funding to make a down payment assistance program viable. The amount of money available would not create benefit for a consequential number of people. As such staff sought alternative uses for the money that would benefit the largest number of people while meeting the objectives of the Housing Element and Strategic Plan.

It is recommended that the City Council adopt the resolution authorizing the amendment to the PLHA application that was initially authorized by Resolution 2020-060. To provide the greatest flexibility of uses, the expanded eligible activities per the PLHA Final Guidelines include the following:

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-, Very low-, Low-, or moderate-income households, including necessary operating subsidies. 235
Council Agenda Report- November 7, 2023 Page 2 of 2

6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

Financial Implications: The PLHA is a noncompetitive grant process available from HCD, which the City is eligible to receive annual allocations over a five-year period for a total of $994,219. The first-year allocation was $165,703, the second-year allocation was $264,548, the third-year allocation was $299,525.

The exact amount of future allocations is not known at this time as it is based on a formula allocation of funds collected for the SB 2 Fund. The PLHA grant guidelines will allow the City to charge up to five percent (5%) for each annual allocation for grant administration, which is currently totals $26,488 for three rounds.

Environmental Considerations: The recommendation in this report is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).

Policy Implications: Exploring the feasibility of a local discretionary funding source to leverage access to and increase competitiveness for outside funds is identified as an action item within the City Council’s Strategic Plan.

The discussed action would be consistent with the following adopted General Plan Housing Element policies and programs:

Program 1-4 The City shall work with affordable, workforce, and other multifamily housing proponents to direct them to Community Plan or Area Plan areas where incentives are already in place to allow for the additional coverage that could enable achievement of the densities necessary to make a project “pencil out.” The City will also seek opportunities to incentivize the construction of new housing to serve large renter households.

Policy 1-10 The City shall actively seek opportunities to obtain federal, state, and local funding for affordable housing and community development and implementation of General Plan policies and programs to support housing affordability, community development and safety.

Policy 2-1 The City shall ensure a stable community by helping tenants to become homeowners and preserving the ability for residents to afford housing in the community where they grew up.

Policy 2-3 The City shall encourage a range of housing options so that people who work in South Lake Tahoe can choose to live in the city.

Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the City.

Policy 2-9 The City shall strive to provide housing opportunities that are affordable for workers earning between 60 and 180 percent of the area median income. The City recognizes that police and fire personnel, schoolteachers, nurses, and other public service employees are an essential component of the local workforce.
236
_____________
___________________________________________________________ AUTHORIZING RESOLUTION OF _______________________________

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
________________________________________________ of the ________________________________________________________ of __________________________________________________________________ _ _____________________________hereby consents to, adopts, and ratifies the following resolution:
_
A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS _______________________________ is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ______________________ in accordance with all applicable rules and laws.
237

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by _______________________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. ______________________________________ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
238
PASSED AND ADOPTED at a regular meeting of the __________________________ this day of, 2023, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer:_______________________________ ___________________________________________
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _____ does hereby attest
and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
__________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
_________________________
239
Resolution 2020-060 July 14, 2020 Page 1 of 2
Resolution 2020- 060
Adopted by the City of South Lake Tahoe
City Council
July 14, 2020
Authorizing Resolution for an Application for, and Receipt of, Permanent Local Housing Allocation ( PLHA) Funds
A necessary quorum and majority of the City Council Members of the City of South Lake Tahoe hereby consents to, adopts and ratifies the following resolution:

BACKGROUND
A. The State of California (the “State”), Department of Housing of Housing and Community Development Department”) is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. The Department issued a Notice of Funding Availability (“ NOFA”) dated 02/26/2020 under the Permanent Local Housing Allocation (PLHA) Program.

C. TheCity of South Lake Tahoe is an eligible Local government applying for the program to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. The Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients.

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

1. If the City receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the City may have with the Department.

2. The City is hereby authorized and directed to receive a PLHA grant, in anamount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA 994,219 in accordance with all applicable rules and laws.

3. The City hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the StandardAgreement and other contracts between the City and the Department.

4. The City certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program DocuSign Envelope ID: 02B1A558- 8163-4B03-BA14-0AC04FE14F76 240
Resolution 2020-060 July 14, 2020 Page 2 of 2
operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

5. The City certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

6. Pursuant to the City’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

7. Pursuant to the Section 302(c)(4) Plan in the PHLA Grant Application, the City plans to use the funds for homebuyer assistance in the form of down payment assistance.

8. The City certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

9. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

10. The City Manager is authorized and directed to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, aswell as any other documents which are related to the Program or the PLHA grant awarded to the City, as the Department may deem appropriate.

11. Upon award of the PLHA grant, the City Manager is authorized to load the first-year allocation of funds into the FY 19/20 budget as follows:

Budget Account 25306010
Revenue
33244 Housing Community Dev. Grants $ 165,703
Expenditures
42010 Official/Administrative Services $ 157,418
50011 Staff Time $ 8,285
Adopted by the City of South Lake Tahoe City Council on July 14, 2020 by the following vote:

Yes: Bass, Collin, Laine, Middlebrook and Wallace
Date:_________
Jason Collin, Mayor
Attest:

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

DocuSign Envelope ID: 02B1A558- 8163-4B03-BA14-0AC04FE14F76 7/ 15/ 2020
241
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:11
Agenda Item: Sale of Surplus Vehicles and Equipment and Ratification of Donation Agreement with Tahoe Coalition for Homeless
Executive Summary: Fleet Services has evaluated the City's current inventory of vehicles and equipment and generated a list of items for auction. Fleet Services has provided the rationale for declaring the listed items as surplus and directing the sale of City assets. The items listed have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy allows for the sale to the public of items and vehicles that are deemed surplus or have reached the end of their lifecycle. Staff is requesting the City Council pass the attached resolution directing the sale of vehicles, equipment, and other assets. The resolution also ratifies a 2020 Donation Agreement with Tahoe Coalition for the Homeless for a surplus vehicle.

Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus, directing the sale of vehicles, equipment and other City assets, and ratifying a 2020 Donation Agreement with Tahoe Coalition for the Homeless for a surplus vehicle.

Responsible Staff Member: Anush Nejad, Director of Public Works and Phil Harwood, Fleet Supervisor Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Surplus Property
02-Resolution - Surplus Vehicles and Property.docx
03-Surplus Property List (Exh. A to Reso).pdf
04-TCH Donation Agreement (Exh. B to Reso).pdf
242
Council Agenda Report November 7, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Surplus Property and Ratification of Donation Agreement Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works - (530) 542-6031 Phil Harwood, Fleet Supervisor (530) 542-6086
Background: Fleet Services has evaluated the listed items and provided the rationale that they have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy (within Financial Policies: Preserving Capital Investments – Fixed Assets Capitalization and Inventory Control Policy) allows for the sale of public items and vehicles deemed surplus or have reached the end of their lifecycle (See Exhibit A). The policy also has a provision for donation of these items.

In December 2020, the City entered into a Donation Agreement with Tahoe Coalition for the Homeless to transfer possession of a city owned 2003 Ford Explorer to the Coalition at no cost (See Exhibit B). The Donation Agreement is presented for ratification by City Council.

Issue and Discussion: The attached listing of proposed auction items includes a list of vehicles and a brief justification for the recommendation to dispose of each asset. Along with the various vehicles and equipment is the request to dispose of various small tools, surplus items from warehouse stock, and other items of lesser value that have reached their service life and/or have become inoperable. Ratification of the attached Donation Agreement will be effective as of September 30, 2023 which is the City’s fiscal year end.

Financial Implications: Auction proceeds generate revenue and will be used to offset the cost of purchasing vehicles and/or equipment in the FY 2023/24 budget year. Fleet Services uses large cooperative governmental auctions. These auctions historically return higher proceeds and offer greater accountability.

Environmental Considerations: The sale of Surplus Property is not a project subject to review under CEQA Guidelines section 15378(b)(2) (continuing maintenance or administrative activities such as purchases for supplies).

Policy Implications: Proceeds from the proposed auction will be used to purchase replacement assets, lowering the overall cost of replacements. Replacing old vehicles and equipment lowers maintenance & supply costs. New equipment designs often improve efficiencies and the reduced maintenance downtime will reduce labor hours required for maintenance and increase equipment availability, lowering costs.
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Resolution 2023-XXX November 7, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Declaring certain vehicles and equipment as surplus, directing the Sale of Vehicles, Equipment, and other City Assets and ratifying the Donation Agreement with Tahoe Coalition for the Homeless

BACKGROUND
A. In the listing attached hereto as Exhibit A, Fleet Services has evaluated the listed items and provided the rationale that they have reached the end of their serviceable lifecycle.

B. The attached listing was reviewed by the Fleet Supervisor and the Director of Public Works, and it was determined to be in the interest of the City that these items be auctioned.

C. The adopted surplus policy allows for the sale of public items and vehicles that are deemed surplus and/or have reached the end of their serviceable lifecycle. The policy also allows to donate surplus property.

D. The Donation Agreement (Exhibit B) dated December 2020 between the City and Tahoe Coalition for the Homeless donated, conveyed and transferred a 2003 Ford Explorer to the Coalition at no cost.

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

1. Approve and direct the Fleet Supervisor to sell the items on Exhibit A in a public governmental contracted auction.

2. Ratifies the Donation Agreement with Tahoe Coalition for the Homeless to transfer from the City to the Coalition a 2003 Ford Explorer (VIN #1FMZU72K932B38621) for charitable uses as specified in the agreement. The ratification is effective September 30, 2023 which is the City’s fiscal year end.

Adopted by the City of South Lake Tahoe City Council on November 7, 2023, by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
________________________
244
Resolution 2023-XXX November 7, 2023 Page 2 of 2
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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248
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:12
Agenda Item: Additional Appropriation of Funds for Airport Hangar Repairs Executive Summary: The hangars at Lake Tahoe Airport are still in need of repairs due to the winter of 2022-2023 and deferred maintenance over the years. The airport is looking to ensure these needs are meet prior to the 2023-2024 snow season.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Finance Director to appropriate $100,000 from Airport Available Fund Balance for Airport Maintenance needs due to 2022- 2023 Snow Season and Deferred Maintenance.

Responsible Staff Member: John Dickinson, Airport Manager 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-Airport Hangar Repair
02-Resolution-Airport Hangar Improvements Budget Appropriation 251
Council Agenda Report- November 7, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Appropriating $100,000 from Airport Available Fund Balance for Airport Maintenance needs due to 2022-2023 Snow Season and Deferred Maintenance Application Location: Airport
Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Background: During the 2022-2023 winter season the airport sustained significant damage to the hangar facilities and is in desperate need to complete upgrades and deferred maintenance before the new snow season.

Issue and Discussion: The airport is looking to appropriate $100,000 from its cash balance on hand to fix hangars and upgrade needs before the new snow season. This will allow the airport to have less issues to address and keep staff on task for FAA needs.

Financial Implications: Airport cash balance will be allocated to fund the repairs. No general funds will be utilized. These funds will be placed into account number 501-05130-43025 Environmental Considerations: The project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).

Policy Implications: The contracts will be procured based on requirements outlined in the City’s purchasing policy and procedures.
252
Resolution 2023-XXX November 7, 2023 Page 1 of 1
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Appropriating $100,000 from Airport Available Fund Balance for Airport Hangar Repair and Improvements due to Winter Conditions and Deferred Maintenance

BACKGROUND
A. On October 4, 2022, and November 15, 2022, the City Council approved new rates for certain fees to help eliminate subsidies from the General Fund. This has allowed the Airport to increase revenues, maintain financial balance for the Airport, and allocate these funds for additional Airport projects and needs.

B. There is approximately $1,200,000.00 in Airport fund balance currently available that can be utilized for additional Airport maintenance needs and capital projects.

C. The 2022-23 Winter Season has caused damages to the hangars. As a result, repairs are required to maintain the Airport in a satisfactory manner.

D. Deferred Maintenance needs to be completed before the Snow Season of 2023-2024 to ensure all hangars are readily available.

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 Finance Director to Appropriate $100,000 into the expense line item 501-05130- 43025
Adopted by the City of South Lake Tahoe City Council on November 7, 2023, by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
253
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:13
Agenda Item: Excess Sites Local Government Matching Grants for the Sugar Pine Village affordable housing project Phase 2B
Executive Summary: In July 2023, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Excess Sites Local Government Matching Grants Program (LGMG) 2023 - Round 3. The project was awarded $4,999,999 in program funds. A resolution from the City demonstrating local government contribution and the project budget for the Sugar Pine Village affordable housing project - Phase 2B is required within 30 days of award.

Requested Action / Suggested Motions: Pass a Resolution supporting the application of the Related Companies of California LLC for the Local Government Matching Grants Program and approving Sugar Pine Villlage Phase 2 Housing Partners, L.P. budget for the Local Government Matching Granit Program.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Reviewed and Approved By: Zach Thomas, Interim Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff_Report_-_Phase_2B_LGMG.docx
02-Resolution_-_LGMG_Sugar_Pine_Phase_2B.pdf
03-SPV2B City Coverage Letter.pdf
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Council Agenda Report November 7, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Excess Sites Local Government Matching Grants Program Application for the Sugar Pine Village affordable housing project
Location: 1888 Lake Tahoe Boulevard and 1029 Tata Lane
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Background: The Sugar Pine Village project is a proposed 248-unit affordable housing project, with onsite community service facilities on 11.6 acres of land owned by the State of California. This project is a result of the Governor’s Executive Order N-06- 19, which directed the California Department of General Services (DGS) to identify excess state properties as potential affordable housing development sites. In July 2020, the State announced they had selected Related Companies of California LLC (Related) in partnership with the St. Joseph Community Land Trust to construct and manage the Sugar Pine Village project.

Since June 2020, the City of South Lake Tahoe has been an active partner in the development of the project. As a first step of financial commitment, the City Council at its November 17th, 2020 meeting authorized a $566,629 loan for predevelopment costs (Resolution 2020-109) and a $1,250,000 loan to purchase banked land coverage at the airport (Resolution 2020-110). The loans were funded by Program Income from repayments of loans from the Redevelopment Agency (RDA) Low- and ModerateIncome Housing Fund and the City’s undesignated reserve fund, respectively. At its October 19, 2021 meeting the City Council also approved a $627,626 loan of HOME Program Income. This brings the City’s total commitment toward the project to $2,444,255.

To date, approximately $100,000,000 in tax credits and grant applications have been applied for and secured using the City’s initial approximate $2.4 million commitment as a local match.

Project financing and construction is being done in four phases. Phase 1A (68 units) and Phase 2A (60 units) are currently under construction. Site preparation and construction of the modular units for Phase 1A began in fall 2022 and site preparation for Phase 2A began in summer 2023. The two final phases, 1B and 2B, contain 60 units each.

A total of $19,943,000 in LGMG funds has been awarded across all four phases. The table below summarizes the financing strategy for the entire project. 255
Council Agenda Report November 7, 2023 Page 2 of 3
Source Phase 1A Phase 1B Phase 2A Phase 2B
City RDA Loan 566,629
City Coverage Loan 254,487 995,513
HOME PI Loan 625,000
City Sources 821,116 625,000 995,513 0
Federal Tax Credit Equity 19,766,293 17,412,333 18,584,150 State Tax Credit Equity 5,722,864
Perm Loan 2,768,500 4,887,000 2,015,000 2,345,000
State Housing Accelerator 23,888,864
State MHP 12,127,500 7,448,016 17,450,000
State AHSC 10,551,967
State IIG 3,195,900 2,910,000 2,965,000 2,998,000
State PLHA 4,750,000 4,750,000 4,750,000
State HOME 5,162,446 5,910,614
State LGMG 5,638,066 5,000,000 4,304,935 4,999,999
Deferred Developer Fee 500,000 500,000 500,000
Total Sources 54,290,238 48,694,795 49,471,279 52,787,763 Committed Applied For Identified
Issue and Discussion: In July 2023, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Excess Sites Local Government Matching Grants Program (LGMG) 2023 - Round 3.

The LGMG program’s primary objectives are to accelerate affordable housing production on state excess sites.

The project was awarded $4,999,999 in LGMG funds for use in Phase 2B. A resolution from the City Council that approves the budget, including all funding sources, and demonstrates local government contribution is required within 30 days of funding award.

The City is in possession of 63,389 square feet of land coverage necessary for the development of Phase 2B. This is valued at $475,417.50 (City Letter, Attachment 3).

Per Resolution 2023-051, the City Council delegates to the City Manager the authority to distribute development rights and land coverage at no cost to multi-family projects which are deed restricted to low-income as defined by the Department of Housing and Community Development (HCD) annual State Income Limits.

Staff recommends that the City Council adopt a resolution for Phase 2B supporting the application and approving the project budget.
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Council Agenda Report November 7, 2023 Page 3 of 3
Financial Implications: Any expenditures associated with this resolution has been previously authorized by Resolution 2023-051. No additional costs are anticipated.

Environmental Considerations: For projects that satisfy criteria specified by SB 35, the guidelines issued by HCD specify that the California Environmental Quality Act (CEQA) does not apply to actions taken by a local government to provide financial assistance to a development that receives streamlined approval and that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

Policy Implications: The recommended action is consistent with the City Strategic Plan which identifies supporting the Sugar Pine Village Project as Action Item 1.3.1.

The recommended action is also consistent with the following adopted policies and programs:

City General Plan Housing Element
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.

Policy 2-2 The City shall enable opportunities for deed-restricted affordable ownership housing to ensure long-term affordability.

Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the city.
257

Resolution of the Governing Body
RESOLUTION NO.____________
A RESOLUTION OF THE GOVERNING BODY OF _____________________ SUPPORTING THE APPLICATION OF _____________________ FOR THE LOCAL GOVERNMENT MATCHING GRANTS PROGRAM; APPROVING _______________

BUDGET FOR THE LOCAL GOVERNMENT MATCHING GRANTS PROGRAM WHEREAS:

A. On January 15, 2019, Governor Gavin Newsom signed Executive Order No.

N-06-19, which allows the production of Affordable housing on state-owned Excess Sites (“Excess Sites”). The Executive Order authorizes the Department of General Services (“DGS”) and the Department of Housing and Community Development (“Department”) to identify and prioritize Excess Sites for sustainable, cost-effective, and innovative multi-family Affordable housing projects.

B. On ___________ DGS and the Department selected ___________________ to develop Affordable housing at _______________________________ (“selected project”) pursuant to Executive Order No. N-06-19.

C. Chapter 111, Statutes of 2021 (Assembly Bill (AB) 140) makes several statutory changes for the purpose of implementing the housing and homelessness provisions of the Budget Act of 2021, which establishes the Excess Sites Local Government Matching Grants (“LGMG”) Program (hereafter, “Program”) to be administered by the Department.

D. The Program was allocated up to $30 million to provide funds for Predevelopment and Development Costs to selected projects that receive a financial contribution from a Local Government, as defined pursuant to Health and Safety Code section 50704.80(b). Funding for the Program is made available pursuant to Health and Safety Code section 50704.81(a)(2).

E. The Department has issued a Notice of Funding Availability (“NOFA”), dated May 5, 2022, for the Program pursuant to Health and Safety Code section 50704.83(f).

F. The Program requires contribution from ________________________________ to ____________________ for ____________________________ (“Applicant”) to apply for Program funds pursuant to Health and Safety Code section 50704.82. Towards that end, Applicant is submitting an Application for Program funds (“Application”) to the Department for review and consideration. 258

__________________________________
G. The Program requires a resolution from _______________________________ pursuant to Health and Safety Code section 50704.82(b(1)(A) approving the ___________________ budget, including all sources, and demonstrating the amount of Local Government Contribution to the Applicant for Predevelopment and Development Costs for ____________________, and the requested amount from the Program.

THEREFORE, IT IS RESOLVED THAT:

1. The ____________________________________________ supports _______________________ submitting an Application to the Department to receive Program funds for ________________________ to develop Affordable housing on the state-owned Excess Site.

2. The ____________________________ is authorized to submit the approved _________________ Project Budget (“Attachment 1”) and Anticipated and Committed Project Sources (“Attachment 2”) to the Applicant to include in their Application. Attachment 1 and Attachment 2 demonstrate the requested amount from the Program, __________________ that will be allocated to the Applicant, and all other sources for Predevelopment and Development Costs associated with the development of Affordable housing on the state-owned Excess Site.

Attachment 1: ________________ Budget
Attachment 2: Anticipated and Committed Project Sources PASSED AND ADOPTED at a regular meeting of the __________________ of the ___________ of ___________ held on ________ by the following vote:

Instruction: Fill in all four vote-count fields below. If none, indicate “0” for that field.

AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
Cristi Creegan, Mayor
259

_________________________________________

STATE OF CALIFORNIA
_________ of ________________
I, __________________, ________ Clerk of the _________ of ________________, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said _________________ on this ___ day of _____________, 20____.
_ , Clerk of the of
_____________________, State of California
By: _____________________________________
Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.
260

ATTACHMENTS
Attachment 1: Project Budget
Attachment 2: Anticipated and Committed Project Sources 261
Attachments
Attachment 1: Project Budget (from Program Application) 262

NEW CONSTRUCTION
Site Work $4,485,466
Structures $24,054,861
General Requirements $2,158,327
Contractor Overhead $1,920,720
Contractor Profit $1,528,260
Prevailing Wages $45,436
General Liability Insurance $231,333
Payment & Performance Bond $415,414
Community Building $2,800,000
Other: (Specify) $0
Other: (Specify)
Total New Construction Costs $37,639,817

ARCHITECTURAL FEES
Design $1,653,750
Supervision $130,000
Total Architectural Costs $1,783,750
Total Survey & Engineering $136,350

CONSTRUCTION INTEREST & FEES
Construction Loan Interest $5,336,746
Origination Fee $336,567
Credit Enhancement/Application Fee $0
Bond Premium $0
Cost of Issuance $0
Title & Recording $110,000
Taxes $0
Insurance $1,141,797
Other: (Specify)
Other: (Specify)
Other: (Specify)
Total Construction Interest & Fees $6,925,111

PERMANENT FINANCING
Loan Origination Fee $16,690
Credit Enhancement/Application Fee $0
Title & Recording $17,500
Taxes
Insurance
Other: (Specify)
Other: (Specify)
Total Permanent Financing Costs $34,190
Subtotals Forward $46,519,218

LEGAL FEES
Legal Paid by Applicant $148,000
Other: (Specify)
Total Attorney Costs $148,000

RESERVES
Operating Reserve $159,487
Replacement Reserve
Transition Reserve
Rent Reserve
Other: (Specify)
Other: (Specify)
Other: (Specify)
Total Reserve Costs $159,487

CONTINGENCY COSTS
Construction Hard Cost Contingency $1,741,991
Soft Cost Contingency $722,514
Total Contingency Costs $2,464,505

OTHER PROJECT COSTS
TCAC App/Allocation/Monitoring Fees $46,085
Environmental Audit $40,000
Local Development Impact Fees $1,189,798
Permit Processing Fees $1,165,332
Capital Fees $0
Marketing $154,000
Furnishings $30,000
Market Study $30,000
Accounting/Reimbursable $60,000
Appraisal Costs $5,500
Gap Loan Costs $50,001
Coverage $650,000
Other: (Specify) $0
Other: (Specify)
Other: (Specify)
Other: (Specify)
Total Other Costs $3,420,715
SUBTOTAL PROJECT COST $52,711,924

DEVELOPER COSTS
Developer Overhead/Profit $2,700,000
Consultant/Processing Agent
Project Administration
Broker Fees Paid to a Related Party
Construction Oversight by Developer
Other: (Specify)
Total Developer Costs $2,700,000
TOTAL PROJECT COST $55,411,924
LGMG Round 1 Page 1 of 1 Development Budget 263
Attachment 2: Anticipated and Committed Project Sources Perm Loan $ 2,069,000
HCD MHP $ 17,450,000
HCD HOME $ 5,910,614
HCD IIG $ 2,998,000
HCD LGMG $ 7,910,000
City Donated Coverage $ 650,000
Deferred Developer Fee $ 500,000
Tax Credit Equity $ 17,924,310
Total $ 55,411,924
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Development Services Department
CITYOFSLT.US / (530) 542-6010
1052 Tata Lane South Lake Tahoe, CA 96150
August 14, 2023
To Whom It May Concern:

This letter verifies that the City of South Lake Tahoe is in possession of 63,389 square feet of coverage required to develop Sugar Pine Village Phase 2B.

At a price of $7.50 per square foot, this coverage amounts to a value of $475,417.50 that can be counted as a local match for the State of California Department of Housing and Community Development’s Local Government Matching Grant (LGMG) program.

Please feel free to contact me with questions regarding this coverage transfer or its use to contribute to Sugar Pine Village Phase 2B.

Sincerely,
Hilary Roverud
Director of Development Services
[email protected]
265
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:14
Agenda Item: Amendment 3 to Agreement with CDM Smith, Inc. for Design of Pioneer Trail Pedestrian Upgrade, Phase 2
Executive Summary: Pedestrian upgrades to Pioneer Trail between Larch Avenue and Ski Run Blvd include construction of five-foot wide ADA compliant sidewalks. ADA compliance requires cross-slopes of the sidewalks to be no greater than 2%. Design work performed by the project design consultant, CDM Smith has found the ADA design constraints will require extra work to fit residential driveway transitions into the project design on a case-by-case basis. Additional field land survey work must be performed and design consultant field evaluation must be conducted to assure driveway tie-ins meet design standards and grade transitions are ADA compliant. Amendment No. 3 will compensate CDM Smith for the extra work required to assure compliance with ADA design standards and compensate for the preparation of Temporary Construction Easement documents to allow construction of the required driveway pavement tie-ins.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment 3 to Professional Services Agreement with CDM Smith, Inc. in an additional amount of $75,511 for engineering design services and acquisition assistance, for a total contract amount not to exceed $525,854.

Responsible Staff Member: Stan Hill, Engineering Manager and Anush Nejad, Director of Public Works Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - CDM Smith Agreement for Pioneer Trail Phase 2.docx 02-CDM-Smith - Amendment 3.pdf
03-C-009-2019 CDM Smith Pioneer Trail Pedestrian Project.pdf 04-C-031-2021 Amendment 1 CDM Smith.pdf
05-C-117-2023 Amendment 2 CDM Smith.pdf
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Council Agenda Report- November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Amendment No. 3 to CDM Smith Professional Services Agreement Location: Pioneer Trail between Larch Ave and Ski Run Blvd.

Responsible Staff Member: Stan Hill (530) 542-6039
Background: Pioneer Trail Pedestrian Upgrade Project, Phase 1 (Project), constructed in 2015 is located between the Pioneer Trail – Lake Tahoe Blvd intersection and ends at Larch Avenue. Project improvements included the construction of sidewalks and streetlighting on both sides of Pioneer Trail. Comments from the public and members of City Council indicated strong support for extending the pedestrian upgrades between Larch Avenue and Ski Run Blvd (Phase 2).

On March 19, 2019, City Council approved a professional services agreement (C-009-2019) with CDM Smith, Inc. to perform engineering design, permitting, and preparation of 100% bid documents for the Pioneer Trail Pedestrian Upgrade Project, Phase 2. Progress toward completing of 100% bid documents has progressed to the 60% level of completion and progress is now nearing 90% completion.

The City of South Lake Tahoe Public Works Department, in partnership with the Tahoe Regional Planning Agency (TRPA) and the Tahoe Metropolitan Planning Organization (TMPO), sought and acquired grant funding to complete the second phase of the Pioneer Trail Pedestrian Upgrade Project. Design work started in the spring of 2019 and has progressed steadily. Construction of improvements is scheduled to occur in 2024.

Two previous approved amendments to the CDM Smith professional services agreement were both specific to adding additional time to complete the Project bid documents. Amendments 1 and 2 did not include any changes to the Project design budget.

Issue and Discussion: CDM Smith has encountered site conditions requiring more in-depth design analysis. The additional design effort required is directly related to existing grade conditions on Pioneer Trail and required ADA sidewalk design requirements.

Pioneer Trail, like most streets in South Lake Tahoe were originally constructed decades ago with minimal improvements other than asphalt paving constructed on the original ground surface.

Furthermore, residential housing and commercial development along most of Pioneer Trail was constructed on the existing ground surface without the practice of mass grading and without urban improvements such as sidewalks, streetlighting, and drainage improvements. 267
Council Agenda Report- November 7, 2023 Page 2 of 2
As Phase 2 Project design progressed, consultant, CDM Smith found the proposed ADA compliant 5-foot-wide sidewalk, located adjacent to the roadway created design difficulties. The ADA sidewalk design constraints cannot be altered; the ADA design constraints are a condition of the FHWA grant requirements.

Cross-slope design constraints of a maximum of 2% will require a case-by-case analysis of each driveway crossing of the proposed 5-foot sidewalk. The detailed design effort, preparation of Permissions to Enter to Construct documents, Temporary Construction Easements (TCE), and the need to acquire additional existing ground surface grades via site topographic survey exceeds the design effort estimated by CDM Smith. Amendment No. 3 will provide additional compensation to fund the additional design and acquisition costs to prepare the TCE documents as necessary for proposed work to address driveway pavement transitions that extend onto private property.

Financial Implications: Engineering Design and Right-of-Way Acquisition funding is available to fund Amendment No. 3. Table 1, Engineering Design and Right-of Way Acquisition Funding demonstrates sufficient funding is available to compensate design consultant, CDM Smith for the additional design and acquisition effort required to complete the 100% bid documents.

Table 1 - Engineering Design and Right-of Way Acquisition Funding Funding Source Funding Category Amount Available
FHWA STBG Engineering/Design (301-50024-48020) $33,949.05 FHWA CMAQ & HIP Right-of-Way (301-50024-48040) $350,657.50 Table 2 – Proposed Amendment No. 3
Expenditure Category Funding Source Proposed Amount
Task 10.1: Engineering Design, Engineering and Design (301-50024- 42020)

$31,880.00
Tasks 1.1, 2.1, and 8.1: TCE (Project
Management/Coordination, Site
Surveying, ROW Acquisition Support)
Right- of-Way (301-50024-48040)
$43,632.00
The balance of unused right-of-way funding will be eligible for transfer to the construction budget.

A budget transfer from right-of-way to construction will require approval by Caltrans.

Environmental Considerations: The Project is categorically exempt pursuant to CEQA Section 15301, Subparagraph C.

Policy Implications: This project is consistent with the City Council 2021-2026 Strategic Plan and will encourage pedestrian and bicycle modes of transportation by providing additional connectivity between Ski Run Boulevard and Stateline.
268
City of South Lake Tahoe – NCE
PSA Amendment No.3
AMENDMENT No. 3 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement entered into on March 19, 2019, by and between the City of South Lake Tahoe, a municipal corporation (“City”) and CDM Smith, Inc. (“Consultant”) is hereby amended as set forth below.

The terms of the Professional Services Agreement (C-009-2019) are hereby amended as follows:

The following language is hereby added to the end of Section 1: Scope of Services.

Project, as described in Amendment 3 - Exhibit A, which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Amendment 3 - Exhibit A subject to the direction of City. Consultant shall have no power or authority by this Agreement to bind City in any respect.

Sections 3 is hereby repealed in its entirety and replaced with the following language:

Section 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Amendment 3 - Exhibit A, which is attached hereto and incorporated herein by reference. An additional amount of $75,511.00 is authorized under this amendment. In no event shall Consultant compensation for work completed under this Agreement exceed the sum of the original contract amount of $450,343.00 plus the additional fee of $75,511.00 (Amendment No. 3) for an amended total fee of $525,854.00 without 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. 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.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By ________________________ By ___________________________ Cristi Creegan, Mayor William E. Hurrell, Vice President CDM Smith, Inc.

Business License # 32081
APPROVED AS TO FORM:

By ____________________________
Heather Stroud, City Attorney
ATTEST:

By_____________________________
Susan Blankenship, City Clerk
269
City of South Lake Tahoe – NCE
PSA Amendment No.3
AMENDMENT 3 - EXHIBIT A

SCOPE OF SERVICES
Amendment No. 3 to the Professional Services Agreement (C-009-2019) compensates consultant, CDM Smith, Inc. for the work tasks defined within the attached, Amendment 3 Scope of Services, consultant compensation schedules (Forms 10-H1), and Amendment 3 Cost Proposal.
270
1 Amendment 3 Scope of Services
Presented below is CDM Smith’s Scope of Work for Amendment 3 of the planning and design contract for the Pioneer Trail Pedestrian Improvement Project. Amendments 1 and 2 were previously executed to extend the schedule. Amendment 3 is needed to fund the additional services described below which include right-of-way acquisition support, pavement rehabilitation design, electrical design changes and continued project management services.

Task 1 – Project Management, Public Outreach, Public
Meetings, and Coordination
Objectives
Additional project management services will be provided through the 12-month time extension to complete the design and construction phases of the project.

Approach
CDM Smith will continue to perform project management activities as described in the original scope of work.

Assumptions
 The additional 12 months will be sufficient to complete the project.  Up to four additional progress and coordination meetings are included with the CDM Smith Team, City staff, and others as deemed appropriate by the City. Up to four of the meetings will be held using MS Teams and two will be held in person at the project site.  One additional public meeting is included.

Deliverables
 Monthly invoices with progress reports.
 Agendas and meeting notes will be prepared for meetings. Draft agendas will be distributed one week prior to the meeting and meeting notes will be distributed within one week of the meeting.
 Presentations and other meeting materials such as, sign-in sheets, renderings, plan sheets, materials samples, etc. will be provided as appropriate for the specific meeting.

Task 2 – Site Surveying
Objectives
To construct the project, access will be needed onto private properties for driveway tie-ins and grading.

Supplemental topographic and property boundary mapping is needed at these locations to determine the extents of these areas and to support development of the access agreement documents.

Approach
271
Pioneer Trail Pedestrian Improvement Project
Amendment 3 Scope of Work
2 A supplemental topographic survey (1’ contour) will be performed in locations where private property access is anticipated. Survey data to be collected will include topography and built surface features such as buildings, drainage infrastructure, curbs, sidewalks, signs, edge of pavement, power poles, utility vaults, boxes, overhead and underground utilities, fences, walls, and spot elevations extending a minimum of 25 feet beyond the public right-of-way.

Legal descriptions – The CDM Smith Team will prepare legal descriptions and exhibits for up to eighteen (18) access agreements.

Assumptions
 No intrusive field work such as utility potholing is included for the development of the basemap.
 The survey map with one-foot elevation contours and property boundary locations will be sealed by a California licensed Professional Land Surveyor.  The topographic basemap will be developed in AutoCAD Civil 3D format.

Deliverables
 Supplemental mapping of the project area in AutoCAD Civil 3D format.  Up to 18 legal descriptions and exhibits to support TCE acquisition.

Task 3 – Hydrologic and Hydraulic Analysis
No change
Task 4 – Geotechnical Report
No change
Task 5 - Traffic Study
No change
Task 6 - Preliminary Plans (30 Percent)
No change
Task 7 - Environmental Documents
No Change
Task 8 - ROW Acquisition Support
Objectives
Right of Way (ROW) acquisitions including Temporary Construction Easements (TCEs), Permission to Enter and Construct Agreements (PTE&Cs) and possibly permanent easements will be needed to construct various project improvements. Design information is needed to identify locations and define 272
Pioneer Trail Pedestrian Improvement Project
Amendment 3 Scope of Work
3 the extents of these acquisitions. Coordination with the City, its Right of Way Agent and property owners is also needed to support these acquisitions.

Approach
CDM Smith will develop exhibits and written information needed to support the ROW acquisitions process. This will include descriptions of location and size, as well as the proposed improvements for presentation to the affected landowners for the purpose of developing and securing the final acquisition agreements. Up to two meetings with the City’s ROW consultant and up to two site visits for meetings with property owners will be attended.

Assumptions
 Support for up to eighteen acquisitions are included in this task.  Legal acquisition and exhibits for easement agreements will be prepared by others.  Up to two virtual meetings with City and ROW consultant staff are included. These meetings will be attended by CDM Smith’s Project Manager and/or Project Engineer.  Up to two site visits for meetings with affected property owners are included. Multiple meetings are anticipated for each of these site visits, which will be attended by CDM Smith’s Project Manager and/or Project Engineer.
 Up to ten additional virtual meetings with affected property owners are included. These meetings will be attended by CDM Smith’s Project Manager and/or Project Engineer.

Deliverables
 Graphic exhibits and written information describing the locations and extents of private property areas where access will be needed and the proposed improvements to be constructed.

Drawings will be provided in hardcopy and/or electronic PDF format.  Attendance and documentation of Right of Way coordination meetings described above.

Task 9 – 60 Percent Design Level PS&E Documents and Draft Design Report
No change
Task 10 – 90 Percent Design Documents (Detailed Plans,
Specifications, and Estimate)
Objectives
Additional design work that is being added to the project at the 90% design level includes repaving the entire roadway, utility coordination for grade adjustments associated with paving rehabilitation, grading analyses and design for sidewalk/driveway tie-ins, incorporation of new lighting standards, 273
Pioneer Trail Pedestrian Improvement Project
Amendment 3 Scope of Work
4 addition of flashing beacons at mid-clock pedestrian crossings, and relocating and revising bus stop designs.

Approach
CDM Smith will develop roadway paving design consisting of cold-planing to a 2-inch depth and installation of a new pavement overlay for the project corridor. Grading adjustments will be specified to realign the roadway crown and re-establish standard cross-slopes. A visual assessment of pavement condition will be conducted to identify sections of pavement that are not suitable for coldplane operations due to excessive deterioration. Severely damaged (dig out) areas will be identified and specified for full-depth pavement reconstruction.

Utility coordination activities will include the identification of sewer, water and gas facility relocation needs associated with the pavement rehabilitation. Agreements and supporting documentation will be developed and executed with utility owners per Caltrans requirements as required for the Right of Way Certification. Utility design standards and details will be incorporated into the design documents as appropriate.

A detailed grading analysis will be completed at private driveways, retaining walls, and other locations where improvements are adjacent to property boundaries to conform with existing grades and improvements on private property. Driveway grading and conform locations will be detailed on the design drawings and used to support right of way acquisition activities.

The electrical design will be revised to incorporate the City’s new lighting standards for the pedestrian lighting along the new sidewalk. A Rectangular Rapid Flashing Beacon (RRFB) will also added into the design to increase the safety of the proposed mid-block pedestrian crossing.

Assumptions
 No subsurface investigations or laboratory testing is needed for the paving design.  Impacted utilities requiring coordination for relocation include water, sewer, and gas only.  One new RRFB is needed at one mid-block crosswalk.

Deliverables
No change
Task 11 – 100 Percent Bid Documents – Request for
Authorization to Proceed
No change
Task 12 – Bid Assistance
No change
274
10/20/2023
CDM Smith MAPCA Total
1 Project Mgt, Public Outreach, Meetings, and Coordination

1.1 Project Management $11,554 $0 $11,554
2 Site Surveying

2.1 Set Control Points/Collect Field Data $1,881 $5,695 $7,576 3 Hydrologic and Hydraulic Analysis
4 Geotechnical Report
5 Traffic Study
6 Preliminary Plans (30 Percent)
7 Environmental Documents
8 Permission to Enter Agreements

8.1 Prepare Agreements/Owner Coordination $12,532 $11,970 $24,502 9 60 Percent Design PS&E and Draft Design Report
10 90 Percent Design PS&E

10.1 90 Percent Drawings $31,880 $0 $31,880
11 100 Percent Bid Documents
12 Bid Assistance
Subtotal $57,846 $17,665 $75,511
Task
Cost
City of South Lake Tahoe
Pioneer Trail Pedestrian Improvements - Phase 2
Amendment 3 Cost Proposal
275
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed ☐ Subconsultant ☐ 2nd Tier Subconsultant Contract No. Date 9/25/2023
Name Hours Actual Hourly Rate Total
David Jensen 3 $125.71 $377.13
Bill Hurrell 2 $121.14 $242.28
Stefan Schuster 66 $91.10 $6,012.62
Jake Gunther 16 $58.59 $937.42
Russell Vadenais 128 $62.94 $8,056.17
Kaelah Chaney 0 $47.18 $0.00
Kara Davis 0 $35.22 $0.00
Jesus Quimpo 12 $48.31 $579.67
David Franke 32 $71.17 $2,277.41
Suzanne Wilkins 8 $58.34 $466.71
Morris Wainwright 116 $48.90 $5,672.37
Christine Wood 20 $55.56 $1,111.18
Amandine Chaleil 20 $28.14 $562.87

LABOR COSTS
a) Subtotal Direct Labor Costs $26,295.83
b) Anticipated Salary Increases (see page 2 for sample) $473.32 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $26,769.16

INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% e) Total Fringe Benefits [(c) x (d)] $0.00 f) Overhead (Rate: 166.75% g) Overhead [(c) x (f)] $44,637.57 h) General and Administrative (Rate: 0.00% i) Gen & Admin [(c) x (h)] $0.00 $44,637.57
$7,140.67
Quantity Unit Unit Cost Total
Mileage 750 Per mile $0.66 $491.25
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
l) TOTAL OTHER DIRECT COSTS $491.25
$28,567.69
$28,567.69
$29,058.94
$107,606.33
NOTES:
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10 %]

2.The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3.Anticipated salary increases calculation (page 2) must accompany. m) SUBCONSULTANTS' Costs (add additional pages if necessary) n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]

1.Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. m) SUBCONSULTANTS' Costs (add additional pages if necessary) Subconsultant 1: MAPCA Surveys, Inc.

Description of Item
EXHIBIT 10-H1Cost Proposal Page 1 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
 Prime Consultant
Consultant: CDM Smith Inc.

DIRECT LABOR
l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Project No.

Project Controls
Senior Project Officer
Senior Technical Advisor
Project Manager
Grade 6 Civil Engineer
Grade 7 Civil Engineer
Grade 4 Civil Engineer
Grade 2 Civil Engineer
Cost Estimator
ElectricalEngineer
Planner
Designer /Drafter
Contract Admin.

Classification/Title
January 2018 276

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 19th day of March 2019 by and between the City of South Lake Tahoe, a municipal corporation (“ City”) and CDM Smith Inc. (“Consultant”).

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

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

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

AGREEMENT

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

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

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

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

C-009- 2019
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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 450,343.00 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’ s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures.

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

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

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

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

7. Ownership Of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 278
for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

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

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

DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 279

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, 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 DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 280
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, DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 281
errors, omissions, regarding this Agreement, the Consultant’ s work under this Agreement, or the consultant’ s Scope of Work.

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

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

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

15. Insurance Requirements.
a. Consultant, at Consultant’ s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’ s Liability Insurance for his/ her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’ s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’ s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any 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.

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ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($ 1,000,000) combined single limit for each
occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its
employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims-made annual aggregate basis, or a combined singlelimit per occurrence basis. 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 DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 283
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 until all similar insurance required and reasonably consistent limits of the subcontractor has DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 284
been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

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

If to City: City of South Lake Tahoe
Attn: Randy Carlson
1052 Tata Lane
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’ s Office
City of South Lake Tahoe
1901 Airport Road, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Stefan Schuster
CDMSmith
12313 Soaring Way, Ste 2-D
Truckee, CA 96161

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 DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 285
Dorado Superior Court pursuant to California Code of Civil Procedure 1094.5, and as provided by law.

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

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

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

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 ( Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

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i. The dangers of drug abuse in the workplace;
ii. The person’ s or organization’ s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’ s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’ s statement as a condition of employment on this Agreement.

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

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

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

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

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.

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

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

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

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

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

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

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

CITY OF SOUTH LAKE TAHOE:

By___________________________
Brooke Laine, Mayor
CONSULTANT:

By _Signed in counterpart______
William E. Hurrell, Vice
President
Business License # 320810
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By____________________________
Sue Blankenship, City Clerk
DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 288

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, theremaining provisions of this Agreement shall continue in full force and effect.

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

30. Execution. eachof This Agreement may be executed in several counterparts, which shall constitute one and the same instrument and shall becomebinding beensigned upon the parties when at least one copy hereof shall have benecessary by both parties hereto. In approving this Agreement, it shall notto 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 andauthority to Enter Agreement. Consultant has all requisite power to conduct its business and to execute, deliver, and perform theAgreement. Each party warrants that the individuals who have signed thisAgreement have the legal power, right, and authority to make thisAgreement and to bind each respective party.

33. MandatoryFiscal and Federal Provisions for Federally Funded Projects The articles contained in Exhibit Dare incorporated herein to this agreement.

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

CITY OF SOUTH LAKE TAHOE:

Brooke Laine, Mayor William E. Hurrell, Vice President
Business License # 320810 ----
APPROVED AS TO FORM:

By __________ _
Heather Stroud, City Attorney
ATTEST:

By _________ _
Sue Blankenship, City Clerk
Signed in counterpart
Signed in counterpart
Signed in counterpart
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Attachments:

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

SCOPE OF SERVICES
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1 Scope of Services
Presented below is CDM Smith’s Scope of Work for the Pioneer Trail Pedestrian Improvement Project.

Each section is organized todescribe the task objectives, approach, assumptions, and deliverables.

Task 1 Project Management, Public Outreach, Public
Meetings, and Coordination
Objectives
A proactive approach to project management will include a clear definition of activities and responsibilities; clear lines of communication; effective quality assurance/ quality control (QA/ QC) procedures. Timely andaccurate invoices withprogress reports are required totrack progress and costs incurred. Changes inconditions that may result in impacts tothe project budget or schedule will bereported immediately uponidentification so that corrective actions may be made inatimely manner.

This task also includes preparation for, attendance at, and facilitation of a variety of project related meetings. A kickoff meeting will be held with City staff toreview the project goals and objectives, discuss the scope and schedule, and confirm the roles and responsibilities of key team members.

Additional meetings with the core project team will be conducted regularly to provide status updates, share information and coordinate tasks. Meetings andcoordination withthe regulatory and funding agencies, property owners, a technical advisory committee ( TAC), City Council and Planning Commission, and the general public arealsoincluded inthis task.

Approach
CDM Smith will perform the following specific project management activities:

1.1 The CDM Smith Project Manager will serve as the primary point of contact throughout the project.

The responsibilities include identifying and providing the necessary staffing and other resources tocomplete the work, and for coordination with City staff toobtain required information and communicate any problems or unanticipated conditions. Project management also includes tracking project budget and completion status, monthly progress reports, projectinvoice preparation, filing and general project administration;

1.2 CDM Smith will coordinate, schedule, prepare for, and facilitate the following meetings:

Design team meetings including one kickoff meeting, up tofour progress meetings/ calls, and up totwosite visits.

Up tothree public/ property owner’s meetings, and
One Planning Commission and one City Council meeting. Present the Project tothe City Planning Commission for approval of Major Design Review and adoption of NEPA/ CEQA documents. The Preliminary plans (30 percent design level) must becompleted toa level specific enough toidentify and evaluate the potential environmental impacts inaccordance with NEPA, CEQA, and TRPA requirements.

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Scope of Work
2 Coordination withfunding and regulatory agencies, as necessary, toobtaintheproject permits and approvals including: TRPA Permit, NPDES Permit, Air Quality Permit, and Caltrans Federal Authorization Process. Coordination will occur through telephone and/ or email communications withuptoten phone calls and ten emails for each permit.

1.3 Coordinate with the Technical Advisory Committee ( TAC) and conduct two TAC meetings to present project information at key milestones (Alternatives Evaluation, 60 Percent Design Reviews). Document TAC consensus on apreferred alternative, relevant review comments and incorporate revisions into the project plans, permits, specifications, andestimate.

For each meeting, prepare an agenda, presentation materials, invitation letters & notices, sign-in sheets, and meeting notes. For public meetings, set upandtake downany displays and materials.

Implement an effective quality assurance program for the project withpre-defined QA/ QC milestones and schedules for completion that includes: A technical review committee will be assembled to provide input at the conceptual or preliminary design phase and at other critical phases.

Assumptions
The duration of the project management services is 24 months from receiving Notice to Proceed.

One project team kickoff meeting will be conducted. Up toten attendees will include key CDM Smith Team, City staff, and others as deemed appropriate by the City.

Up tosix progress meetings will be conducted at key project milestones. Up toten attendees will include key CDM Smith Team, City staff, and others as deemed appropriate by the City. Itis assumed that four progress meetings will be held viaconference call, and two will be heldin person and will include a site visit to the project location.

Coordination with regulatory and funding agencies will occur via conference calls.

Three public outreach/ property owners meetings, one Planning Commission meetings, and one City Council meetings areincluded.

Two TAC meetings are included (Alternatives Workshop and 60 Percent Design Review) Deliverables
Monthly invoices withprogress reports.

Agendas and meeting notes will beprepared for the meetings identified above. Draft agendas will be distributed one week prior tothe meeting and meeting notes will be distributed within one week ofthe meeting.

Presentations, public outreach materials ( e.g. letters, notices, exhibits, and other project communications from the City tothe public), sign-insheets, renderings, plan sheets, materials samples, and other materials will be provided as appropriate for the specific meeting.

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Scope of Work
3 Task 2 Site Surveying
Objectives
Perform sitesurveying toacquire information necessary todevelop a project base map tosupport the development of accurate conceptual alternatives, preliminary design plans and subsequent PS& E documents. The final product will consist of a detailed topographic andboundary basemap containing theinformation specified below.

Approach

2.1 Survey control points – The CDM Smith Team will update survey control, monumentation and centerline alignments. Up to six survey control points will be set (at locations approved by City Engineer). Survey control points will be based on the State Plane Coordinate system, Zone 2 and NAD 83for horizontal control and vertical control based on NAVD 88. Any field survey work that will be used for construction purposes at alater date is subject to prevailing wage requirements.

2.2 Topographic base map – Develop atopographic survey map (1’ contour) of the project area that includes relevant surface features including buildings, property lines, water quality treatment basin sites, drainage channels, curbs, sidewalks, traffic signals, signal induction loops, signs, edge of pavement, power poles, drainage improvements, utility vaults, utility boxes, existing overhead and underground utilities (drainage, sewer, water, telephone, power, cable, natural gas, utility poles, guy wires, firehydrants, valve boxes, hand-hole boxes, and vaults), fences, walls, and spot elevations, street cross-sections at 25-foot stations with grade shots at grade breaks and vertical offsets extending a minimum of five feet beyond the public right-of-way. Cross-streets will include cross-sections on a minimum of 25-foot intervals for a distance of atleast 100feet beyond the Pioneer Trail right-of-way and extend a minimum of fivefeetintoprivateproperty.

2.3 Property boundaries – The CDM Smith Team will perform aboundary survey of the project area, and develop associated mapping to show existing property lines, define the extents of permanent easements and to support the determination of any temporary construction easements that will benecessary for project construction. The mapping will include the rightof-way centerlines, section lines, quarter section lines, City limits, existing right-of-way parcel lines, proposed , and existing and proposed easement lines. Legal descriptions and exhibits will beprepared for up tofive ROW acquisitions.

Assumptions
No intrusive field work such as utility potholing is included for the development ofthe basemap.

Up to six control points will be set in coordination with the City Engineer.

The survey map with one-foot elevation contours and property boundary locations will be sealed by a California licensed Professional Land Surveyor.

The property boundary and topographic basemap will be developed in AutoCAD Civil 3D format.

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Scope of Work
4 Deliverables
Topographic andboundary basemap of the project area in AutoCAD Civil 3D format.

One electronic written summary ofthe project survey data used to create the base map, including relevant benchmark and tie-in information, basis of bearing, local control point information, and coordinate system data. A datatableof coordinates and elevations of datais also included.

Up tofive legal descriptions and exhibits tosupport ROW acquisitions.

Task 3 Hydrologic and Hydraulic Analysis
Objectives
A hydrologic and hydraulic analysis will utilize static modeling approaches toevaluate runoff patterns and quantities tosupport the design of new curb and gutter, inlets, and connection piping on Pioneer Trail between Wildwood Avenue and Ski Run Boulevard, andsmall-scale infiltration facilities for localized sidewalk runoff to meet the requirements ofthe City’s NPDES MS4 permit.

Approach

3.1 Perform a hydrology and hydraulics analysis todetermine sidewalk and impervious improvement stormwater runoff volume infiltration requirements and design appropriate stormwater management improvements totherunoff volume generated duringthe20-year, 1- hour storm event inaccordance withthe City’s NPDES MS4 Permit.

3.2 Evaluate runoff quantities tosupport design of new drainage conveyances and toassess the capacity of existing storm drain infrastructure for the addition of the new Pioneer Trail runoff.

3.3 Document data used, calculations and infiltration volume requirements inthe Project Design Report.

Assumptions
Runoff from the new sidewalk andother impervious surface will beinfiltrated locally.

New curb and gutter, inlets and piping will be designed for Pioneer Trail between Wildwood Avenue and Ski Run Boulevard. The new facilities will utilize short lateral connection pipes to tieintotheexisting storm drainpiping within the Pioneer Trail ROW, which is assumed tohave sufficient capacity for the additional runoff. No new storm drain main trunk lines are included in this design scope. The new storm drain infrastructure will be designed in accordance with the applicable City and State design standards and criteria.

The hydrologic and hydraulic analysis will include the application of static modeling approaches such as the Rational Method and Manning’s Equation, and will be completed using the topographic basemap (Task 2), local water quality and drainage design criteria, and mapping of existing stormwater infrastructure to be provided by the City.

Infiltration facilities will be sized to capture the Water Quality Volume (WQV) generated by the 20-year, 1-hour design storm (1-inchof rainfall inone hour).

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Scope of Work
5 Pollutant Load Reduction Modeling (PLRM) associated with the Lake Tahoe TMDL load reduction crediting is notincluded.

Preliminary results from this task will bepresented at a design team meeting prior to development of the 30 percent Preliminary Plans.

Deliverables
Preliminary results will be submitted to the City electronically for discussion at a subsequent design team meeting.

Methods, assumptions, calculations, and modeling results associated with the hydrologic/ hydraulic analysis will be documented inthe Project Design Report.

Task 4 Geotechnical Report
Objectives
The CDM Smith team will perform a geotechnical engineering investigation toprofile soil characteristics for pavement structural design and todetermine permeability rates andgroundwater elevations for any potential stormwater infiltration facilities.

Approach

4.1 Complete a subsurface investigation in the project area by drilling up to 5soil borings. Prior to the subsurface investigation, the CDM Smith team will mark the site for Underground Service Alert (USA) andcontact this agency for underground utility clearance. Inaddition, drillingand encroachment permits will be obtained, if necessary, prior to the subsurface exploration, including coordination withpublic agencies tobepresent duringthesubsurface exploration.

The borings will belocated based onproposed improvements and existing underground utilities. The borings will be advanced with a truck-mounted drill rig equipped with hollow stem augers. Theborings will bevisually logged by a fieldrepresentative who will obtain relatively undisturbed and bulk soil samples for classification and laboratory testing. Upon completion, the borings will be grouted withneat cement inaccordance withregulatory standards and the ground surface patched with quick setting grout.

4.2 Provide laboratory testing of soil samples collected during our subsurface investigation including maximum dry density evaluation (compaction curves), soil classification (grainsize andplasticity), expansion potential, and Resistance-value (R-value). Thelaboratory testing will be completed by NV5 intheir Nevada City office.

4.3 Provide a geotechnical engineering report describing subsurface conditions and soil characteristics of areas that are proposed for stormwater treatment and infiltration, including permeability rate results for design of stormwater infiltration facilities. The geotechnical engineering report will also include adiscussion of special restraints, such as existing fill, highly expansive or compressible soil, near-surface groundwater, and potential secondary seismic hazards; recommendations for earthwork construction, andpavement design criteriaincluding structural section specifications (PG 64-28 PM asphalt binding oil).

4.4 Complete a soil/ hydrologic report in accordance with TRPA regulations and coordinate with TRPA staff to be present during the subsurface investigation.

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Scope of Work
6 Assumptions
Up to5temporary soils borings are included with sampling and testing as appropriate to complete the design.

Itis assumed that low volume temporary excavations using vacuum excavation will be allowable during the winter no-grading period.

Deliverables
One geotechnical engineering report, incorporated as an appendix into the Design Report, including specifications for structural pavement sections for Pioneer Trail and the sidewalks.

TRPA approved Soil/ Hydrologic report
Deliverables will be submitted indraft and final form toallow for review and comment by the City. One set of consolidated and non-conflicting comments will be provided by the City.

Deliverables will be submitted in MS Word and PDF format.

Task 5 Traffic Study
Objectives
Depending on the type and extent of improvements, a traffic study may be needed to assess any associated traffic impacts. CDM Smith will conduct atraffic operational analysis for up tofive locations, including the Ski Run Boulevard intersection, along the Pioneer Trail project segment based on the type ofimprovements. Inaddition, asegment analysis will beconducted for theentirecorridor Ski Run Blvd toLarch) for a condition with the proposed improvements and a condition without the improvements.

Approach

5.1 CDM Smith will provide a traffic analysis for up tofive locations and a segment analysis, evaluating uptothreedesign alternatives inthepreliminary 30percent design effortfor the weekday AM and PM peak hours under the following scenarios:

Existing Conditions
Existing plus Project Conditions
Opening Year Conditions ( assuming growth rates based on discussions with the City) Opening Year plus Project Conditions ( assuming growth rates based on discussions with the City)

5.2 Based on the results from Task 5.1, CDM Smith will provide an updated traffic analysis for the preferred alternative for inclusion in the Project Design Report.

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Scope of Work
7 Assumptions
City staff will provide traffic counts if needed, and projected traffic volume increases are available from the City at the study locations selected for analysis. If additional traffic count data is required for analysis, CDM Smith will work withthe City todetermine thebest times tocollect existing traffic data, based on seasonal demand.

Ifinformation on crash and other incident data is needed, we have assumed that the City will be able toprovidethat data.

Synchro software will be used for operational analysis.

Deliverables
Documented traffic analysis for up tothree design alternatives for the preliminary 30 percent design effort
Documented traffic analysis and results incorporated into the Project Design Report and no separate deliverable is anticipated for thetraffic analysis.

Task 6 Preliminary Plans 30 Percent)
Objectives
During this phase, project specific goals and objectives are reviewed, and strategies are developed to address them. Alternative layouts are produced for consideration and workshops are held todiscuss ideas and develop consensus on the project components.

Using the basemap developed under Task 2 above, the preliminary design activities will proceed with the development of theinitial design drawings and a set of site options at key locations where multiple treatments are possible. Input from City staff, TAC members, andother stakeholders will be solicited and used to help identify preferred project components which will then be combined and developed to approximately the 30 percent design level. The design will bedeveloped tosufficient detail for the identification of potential environmental impacts, and the development of the project NEPA/ CEQA document.

Key objectives tothis task include the development of aninnovative, context-sensitive, pedestrian improvement design that minimizes impact to the human and natural environments. The project will comply withthe City’s General Plan, and include transportation solutions thatimprove andenhance mobility, access, and safety for users, and achieves buy-in on features such as on-street parking, intersection upgrades, sidewalks, high visibility pedestrian crosswalks, bicycle lanes, streetscape elements, and appropriate landscaping, and low-impact street lighting.

Approach

6.1 Develop alternative options at key locations for consideration by the City and project stakeholders. Optional alternatives will consist of various treatments for key sites within the project area described with simple conceptual figures, example photos, and written DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 298
Pioneer Trail Pedestrian Improvement Project
Scope of Work
8 descriptions, and will be submitted tothe City and distributed tothe TAC members and other appropriate stakeholders, to support the identification of a consensus- based preferred alternative.

6.2 Develop aset of 30 percent preliminary drawings presenting the preferred design, consisting of afront cover sheet, sheet index plan sheet(s), general notes sheet withabbreviations and legend, plan sheets, detail sheets, and temporary water pollution control drawing. The 30 percent drawings will bebased on the project base mapand will include topographic contours, spot elevations, property boundaries, locations of existing structures, utilities, existing street improvements and the preferred design alternative. Plan view sheets will include existing utilities toallow strategic location of proposed improvements to minimize utility conflicts.

6.3 Prepare demolition plans that show existing features and elements tobe demolished or removed.

6.4 Prepare typical sections. Pavement structural sections will be designed inaccordance with City standards andrecommendations based on the results ofthegeotechnical study as defined in Task 4.

6.5 Incorporate utility information by coordinating with utility companies to obtain existing utility information and conducting pot-holing to collect/ document field data in locations where underground, or other improvements, may conflict withexisting utility infrastructure.

Potholed utilities locations will beprecisely documented using high accuracy GPS equipment and incorporated into the project plans. A list of the utilities that are anticipated to conflict with the proposed improvements will be developed and submitted tothe City.

6.6 Develop a preliminary list ofthe anticipated technical specifications for the project.

6.7 Coordinate and conduct TRPA Land Capability Verification analysis on property within the City rights-of-way, andassist the City withresolving surface coverage related permit conditions that may be required within the TRPA permitfor the project. Include existing condition and proposed conditions Land Capability Study calculation summary tables on the project construction plans.

6.8 Evaluate publicly owned parcels (California Tahoe Conservancy, USFS, and City) for possible use for stormwater conveyance, treatment, and public parking opportunities. Coordinate possible public land use within environmental documents and with affected public agencies.

Assist the City withcoordinating and submitting documents required toobtain Special Use Permits, License Agreements, and “Permissions to Enter” public andprivate properties.

6.9 Provide a 30 percent Opinion of Probable Construction Cost., Assumptions
Develop alternative options at key locations for consideration by the City and project stakeholders. Optional alternatives will consist of various treatments for key sites within the project area described withsimpleconceptual figures, example photos, and written descriptions, and location references using the base map developed under Task 2. The preferred alternative will be identified withinput from the City, the TAC, andother stakeholders as deemed appropriate by the City.

An alternatives review workshop, as defined in Task 1, will be conducted with the TAC to select the preferred alternative.

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Scope of Work
9 Following the TAC workshop and selection ofthe preferred alternative, a public outreach meeting, as defined in Task 1, will be held toprovide a status and schedule update on the project, present the preferred design concept, and request input.

The project design plans will be developed based on the base map completed under Task 2. A single preferred alternative will be developed tothe 30 percent level.

Novertical profiles are required for the pedestrian improvement design.

One day of utility pot holing is assumed andincludes procurement and management of alocal excavation contractor. Vacuum excavation equipment will be utilized to avoid stockpiling of soil materials on theground surface and minimize potential sediment discharges.

The project design plans will comply withthe City’s Public Improvement and Engineering Standards (PIES), Caltrans 2015 Standard Plans, City Code, and TRPA Code of Ordinances.

Recent bid results from similar projects are available and will be provided by the City to support the cost estimating work.

The 30 percent design drawings will include:
o Title Sheet (1)
o Sheet Index and General Notes (1)
o Abbreviations andLegend (1)
o Key Map (1, 1” = 100’)
o Survey Control, Monumentation, and Centerline Alignment (1, 1” = 100’) o Pedestrian Improvement Drawings ( 5, 1” = 20’)
o Typical Sections (1)
o Typical Details (2)
Deliverables
Conceptual level options at key locations.
30 percent design drawings including:
o Administrative draft: one electronic copy in PDF format. o External draft: one electronic copy in PDF format.
o Final 30 percent plan set: electronic copies in PDF and DWG formats.

Preliminary List of Technical Specifications
Utility location information received from utility companies and potholing data documenting results and locations will be compiled for inclusion inthe Design Report DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 300
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Scope of Work
10 TRPA Land Capability Verification
Deliverables will be submitted indraft andfinal form toallow for review and comment by the City. One set of consolidated and nonconflicting comments will be provided by the City.

Deliverables will be submitted in MS Word and PDF format.

Task 7 Environmental Documents
Objectives
Provide the environmental review and documentation tasks toobtain the agency approvals required for the project. Compliance with CEQA is required by all of the City’s public works projects and projects that involve federal funding and/ or use federal property triggers the requirement tocomply withthe NEPA. Projects inthe Tahoe Basin also must be evaluated according tothe Tahoe Regional Planning Agency’s (TRPA’s) requirements. A proactive approach is needed to discuss environmental documentation and special study needs withthe agency stakeholders early intheplanning process to streamline the complex, and often cumbersome, environmental approval process. . The project must also comply with local and regional planning requirements such as the Lake Tahoe EIP, Regional Transportation Plan, andthe City of South Lake Tahoe General Plan.

Inaddition, CDM Smith will compile therequired information andcomplete permit applications for anticipated permits including the TRPA permit and the NPDES General Construction Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) submitted through the Stormwater Multiple Application and Report Tracking System (SMARTS).

Approach

7.1 Prepare an Initial Study, utilizing the CEQA Checklist that is compliant with the California Environmental Quality Act (CEQA), todetermine the appropriate level of CEQA document.

Special studies will becompleted, for cultural resources and tribal consultations, and biological studies todetermine potential impacts tofederal, state and TRPA listed species and their habitat, to support the Initial Study. CDM Smith assumes that a Mitigated Negative Declaration will be the appropriate CEQA documentation for this project based on the completed Initial Study.

7.2 CDM Smith will prepare a draft Notice ofIntentto Adopt a Mitigated Negative Declaration for the City and assist withpublication and posting ofthe notice. An Administrative Draft and Public Draft Mitigated Negative Declaration will be prepared. A 30-day public review process including one public meeting, will result in comments from the public and other state and local agencies. Comments will be reviewed, and afinal Mitigated Negative Declaration will be prepared addressing the comments. Based on the CEQA findings and environmental determinations within the Public Draft and Final Mitigated Negative Declaration, the City will Adopt the Negative Declaration. The CEQA Notice of Determination will befiled with El Dorado County and the California State Clearinghouse. The document and Notice of Determination will be submitted tothe California Department of Fish and Wildlife to consult withthem regarding a Finding of NoImpact.;

7.3 The Caltrans LAPM and Standard Environmental Reference (SER) will serve as the primary guidance documents for completing the NEPA environmental analyses anddocumentation;

7.4 A preliminary environmental study (PES) form will be completed todetermine whether any technical studies will berequired, thelevel of analysis, and the NEPA Class of Action. The PES DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 301
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Scope of Work
11 form will be submitted to Caltrans for concurrence.

7.5 Coordinate with TRPA regulatory staff regarding the TRPA environmental documentation and permitting requirements. If possible prepare ajoint CEQA/ TRPA environmental document.

Weassume that anexpanded TRPA Initial Environmental Checklist will betheappropriate document. Submit final project plans and acquire the TRPA permit for the Project.

Assumptions
A CEQA Mitigated Negative Declaration and TRPA Initial Environmental Checklist will be the appropriate CEQA and TRPA documents;
A NEPA Categorical Exclusion (CE) is the appropriate Class of Action withlow level technical studies for potential acquisitions, utility relocations, parking, biological, and cultural resources tobediscussed inthe environmental document.

Additional technical studies will not berequired andare not included inthis scope of work.

Permitting fees will bepaidby the City.

No Endangered Species Act field survey will be required.

No Certified Wetlands Delineation will be required.

Specific approvals required by the City will be coordinated by the City.

Deliverables
Administrative Draft, Public Review Draft, Administrative Draft Final, and Final CEQA and TRPA Environmental Documentation,
Preliminary Environmental Study (PES) for NEPA Class of Action and level of analysis determination,
Information submittals tosupport the NEPA CE including acquisitions, utility relocation, parking, biological and cultural resources information for incorporation into the environmental document.

Deliverables will be submitted indraft andfinal form toallow for review and comment by the City.

Deliverables will be submitted in MS Word and PDF format.

Task 8 Permission to Enter Agreements
Objectives
Outreach totheproperty owners along Pioneer Trail will beconducted todevelop project support, understand homeowner concerns and secure temporary Permission to Enter agreements sothat improvements may be integrated with private driveways, landscaping and other existing features.

Approach
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Scope of Work
12 8.1 Prepare Permission to Enter agreements: Contact and work withproperty owners toacquire executed Permission to Enter agreements from property owners that will, as aconsequence of Project improvements, require “tie-in” work on their property.

Assumptions
Up to30 Permission to Enter Agreements are included.

If owners state that they are unwilling to grant access, communications will be documented in writingand provided tothe City.

Deliverables
Draft and final Permission to Enter agreements.

Task 9 60 Percent Design Level PS& E Documents and Draft Design Report
Objectives
Upon completion of the 30 percent design, final design activities can be initiated which will include drawings, technical specifications, and an Opinion of Probable Construction Cost. CDM Smith will develop 60 percent design plans andthe Project Design Report for the preferred alternative identified in Task 6, CDM Smith will also develop a 60% Opinion of Probable Construction Cost for the preferred alternative.

Approach

9.1 Incorporate City 30 percent design review comments and required mitigation measures from the environmental documents;

9.2 Add electrical, landscaping, and irrigation plans to the Project plan set and specifications;

9.3 Develop and submit the draft Project Design Report and draft SWPPP;

9.4 If not already included in the Preliminary Plans, add and/ or update the following: Title sheet including Utility signature lines, sheet index, demolition plans, legend, abbreviations, points data sheets, datum, basis of bearing, profiles, existing/ design cross-sections, grading plan, staging areas, temporary water pollution control, anddraft details sheets;

9.5 Prepare intersection detail plans showing geometric data, including station/ offsets, elevations, and curve datafor proposed intersection improvement.

9.6 Update the existing utility information by identifying utilities that may be in conflict with the proposed project construction. CDM Smith will prepare plans to show utility protections and relocations, both by the City’s contractor and by others. CDM Smith will work with utility owners toidentify appropriate locations for relocated utility facilities andestablish preliminary protection and relocation schedules and requirements. CDM Smith will adhere to utility company standards and requirements and make necessary utility plan revisions as become necessary duringfinal plandesign and approvals.

9.7 CDM Smith will prepare 60 percent plans depicting proposed pavement delineation and pavement markings, including lane lines, bikeway marking, and pedestrian crosswalk markings. Proposed roadway signing plans will also be developed at this time.

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Pioneer Trail Pedestrian Improvement Project
Scope of Work
13 9.8 CDM Smith will prepare 60 percent design plans for the lighting improvements along the Pioneer Trail project corridor.

9.9 CDM Smith will prepare landscaping plans withany street trees or landscaping, changes to the existing trees within the corridor that may be impacted, or require protection, and coordinate with the City. The plans will include hardscape elements, plant palette, legend, notes, trees located, andplanting areas defined. CDM Smith will identify hardscape elements of pedestrian crossing refuges, ifincluded, andsidewalks including recommendations for types, colors, finishes and materials of hardscape areas, and furnishing items. CDM Smith will perform atree assessment toevaluate options for existing tree preservation.

9.10 Conduct a plan “proofing” site review with the City project manager to confirm proposed improvements andplans correctly correspond withfield conditions. Incorporate any field review revisions into the 60 percent PS& E documents.

9.11 Develop written specifications for the project tothe 60 percent level. Specifications will include standard specifications and Special Provisions describing the non-standard, project specific, design components. CDM Smith will assemble data and prepare drafts of (1) necessary modifications tothe Caltrans Standard Special Provisions, (2) any necessary additional technical specifications, and (3) the front end “boilerplate” sections provided by the City.

9.12 Refine the Opinion of Probable Construction Cost based on new information developed for the 60percent design for City review.

Assumptions
Drawings will be submitted electronically as PDF files and formatted for printing on 11” X 17” sheets
Off-site drainage facilities will not be affected and as a result, no off-site drainage design for increased conveyance capacity or stormwater treatment will be performed.

Relocation of gas, electric, petroleum, telephone, and other communication facilities will be designed andcarried out by their respective owners.

The SWPPP will be developed from the most recent version of the California Stormwater Quality Association ( CASQA) template.
60 percent deliverables will be submitted electronically The City will provide one round of consolidated and non-conflicting comments.

Deliverables
60 percent design drawings in PDF and DWG formats.

The 60 percent design drawings will include:
o Title Sheet (1)
o Sheet Index and General Notes (1)
o Abbreviations andLegend (1)
o Key Map (1, 1” = 100’)
o Survey Control, Monumentation, and Centerline Alignment (1, 1” = 100’) DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 304
Pioneer Trail Pedestrian Improvement Project
Scope of Work
14 o Pedestrian Improvement Drawings with Planand Profiles (5, 1” = 20’) o Typical Sections (1)
o Typical Details (2)
o Intersection Details (4, 1” = 10’)
o Curb Ramp Details (2, 1” = 5’)
o Drainage and Water Quality Details (2)
o Staging Plan (1, 1” = 50’)
o Signing and Striping Details (2)
o Sidewalk Lighting Plans and Details (6)
o Water Pollution Control (1, 1” = 100’)
o Landscaping and Hardscape Details (2)
60 percent Project Specifications in MS Wordand PDF format 60 percent Opinion of Probable Construction Cost in MS Excel and PDF format Draft Project Design Report
Draft SWPPP
Task 10 90 Percent Design Documents Detailed Plans,
Specifications, and Estimate)
Objectives
Upon approval of the 60 percent design by the City, the design process will continue with the development ofthe90 percent design Plans, Specifications, and Estimate (PS&E). 90 percent design documents will be developed incorporating 60 percent design review comments provided by the City and other appropriate parties as determined by the City. The 90 percent PS& E will bedeveloped by adding details and refinements to the 60 percent design and will include plans, elevations, sections, and details. A meeting will be held todiscuss the comments tothe 60 percent design prior to proceeding withthe 90 percent design phase.

Technical specifications will berefinedand will be consistent with City and Caltrans standards or as approved by the City for submittal during project review and discussion.

The Opinion of Probable Construction Cost will be updated on the basis of quantity estimates taken from the 90 percent plans andspecifications.

CDM Smith will submit the90 percent PS&E tothe City for review andcomment andschedule afinal review meeting with the City. The 90 percent submittal will be considered the Final Draft with minor revisions necessary for development ofthe100 percent design bidpackage.

Approach

10.1 CDM Smith will update each of the 60 percent design components, as described in Task 10, to DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 305
Pioneer Trail Pedestrian Improvement Project
Scope of Work
15 a 90 percent completion level, incorporating new information and review comments provided by the City and other appropriate parties as determined by the City.

10.2 Right-of-way requirements will beupdated for each impacted parcel withintheproject limits.

10.3 CDM Smith will update Right-of-Way information to display any new fee permanent easements, and temporary construction easements per federal guidelines, including, but not limited to, property boundaries and ownership blocks on each plan sheet.

10.4 Add detail call-out identifications that correspond to details within the detail sheets;

10.5 Update the draft Project Design Report and SWPPP to correspond with the 90 percent PS& E submittal.

10.6 Provide Utility agreements

10.7 Provide ROW Certifications

10.8 Refine the detailed Opinion of Probable Construction Cost using the design plans as a basis for the quantity takeoff. Unit costs will be updated from recent bid information and in conjunction with City staff. Allowances will be included for any items not completely defined and measurable for construction cost.

10.9 Update the (1) necessary modifications tothe Caltrans Standard Special Provisions, (2) necessary additional technical specifications, and (3) the front end “boilerplate” sections provided by the City.

Assumptions
The 90 percent Design Report and SWPPP will be submitted electronically in MS Word and PDF.

The City will provide one round of consolidated and non-conflicting comments.

Deliverables
90 percent design drawings in PDF and DWG formats.

The 90 percent design drawings will include updated sheets as listed in Task 10above. 90 percent Project Specifications in MS Wordand PDF format 90 percent Opinion of Probable Construction Cost in MS Excel and PDF format 90 percent Project Design Report
90 percent SWPPP
Task 11 100 Percent Bid Documents Request for
Authorization to Proceed
Objectives
CDM Smith will incorporate comments from the City 90 percent design review into the 100 percent Bid Documents. The final bid package will consist of the final project PS& E, sealed by a Registered Civil Engineer, and will show the necessary plans, elevations, sections, and details for use by potential contractors inthe preparation of construction contract bids.

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Pioneer Trail Pedestrian Improvement Project
Scope of Work
16 Approach

11.1 Upgrade 90 percent PS& E documents toinclude 90 percent review comments; and

11.2 Assist the City withpreparation andsubmittal of Caltrans Authorization to Proceed (CON Phase), Sample Finance Letter, and Request for Authorization to Proceed exhibits.

11.3 Provide the Final Engineer’s Opinion of Probable Cost for City review.

Assumptions
Inproviding opinions of cost, financial analyses, economic feasibility projections, andschedules for the project, CDM Smith will have no control over cost or price oflabor and materials, unknown or latent conditions of existing equipment or structures that might affect operation or maintenance costs, competitive biddingprocedures and market conditions, time or quality of performance by operating personnel or third parties, and other economic and operational factors that might materially affect theultimate project cost or schedule. CDM Smith, therefore, will not warranty that the actual project costs, financial aspects, economic feasibility, or schedules will not vary from CDM Smith’s opinions, analyses, projections, or estimates.

Budget-level cost estimates will include appropriate contingency factors toaccount for project uncertainties that cannot be explicitly accounted for at the project’s various engineering stages.

Risks that have been identified will belisted along withpotential cost and schedule impacts.

Theeffort toprepare quantities for the estimate unit costitems andlump sums will be provided under the respective design discipline task using the City’s standard measurements.

Soft costs” to be included within the cost estimate, such as City procured items and City selfperformed work will beprovided to CDM Smithtwo weeks before the estimate due date.

Quantities will be developed from engineered drawings tothe maximum extent feasible.

Deliverables
100 percent design drawings including three full-size hard copies (22”X 34”), and one half-size copy (11” X 17”) on inkjet or medium bond paper and two electronic copies on CD in PDF and DWG formats.

The 100 percent design drawings will include finalized items as listed in Task 10 above. 100 percent Project Specifications in MS Word and PDF format 100 percent Opinion of Probable Construction Cost in MS Excel and PDF format Final Project Design Report
Final SWPPP
Task 12 Bid Assistance
Objectives
Bidding support will beprovided tothe City during the construction contract procurement process.

Services will include responding to bidders’ questions and providing information and clarification DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 307
Pioneer Trail Pedestrian Improvement Project
Scope of Work
17 regarding the project design and technical specifications. Design addenda will be produced if necessary toclarify design issues. The development of addenda toaddress unforeseen or new conditions is not included.

Following the bidding process, changes tothe design resulting from bidding questions/ clarifications and addenda will beincorporated intothedesign toproduce a conformed set of final construction documents. The final construction documents will bereviewed andsealed by a Registered Civil Engineer and will show the plans, elevations, sections, and details for use by the selected contractor for construction ofthe project.

Approach

12.1 Attend a pre-bid conference with potential contractors to review project requirements on-site with potential contractors.

12.2 Maintain a log of bidder questions, and prepare responses toquestions and addenda, if required.

12.3 Prepare conformed drawings that incorporate contract addenda for use during construction.

Assumptions
The City will produce thenecessary hardcopies and manage distribution topotential contractors for bidding purposes.

The City is responsible for bidding services required for procurement of a construction contractor. Bidding support such as advertisement, bid tabulation andreview, award recommendations, etc. is not included inthis scope of work Bidder questions during the advertisement permit for the construction contract will be addressed and documented.

Design addenda, due tounforeseen or changed conditions identified during the biddingprocess, are not included in this scope of work.

Deliverables
One (1) hardcopy set of 22 in. x 34 in. conformed drawings for construction purposes sealed and signed by a Professional Engineer licensed in the State of California will be provided to the City. The final construction documents (including drawings, specifications, and the Engineer’ s cost estimate) will be provided in AUTOCAD and PDF format.

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EXHIBIT B

COMPENSATION SCHEDULE
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310
311

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:

William E. Hurrell, Vice President
By:________________________________________
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EXHIBIT D

MANDATORY FISCAL AND FEDERAL PROVISIONS FOR FEDERALLY FUNDED

PROJECTS
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ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on March 19th, 2019, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on March 18th 2021, unless extended by AGREEMENT amendment.

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

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

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

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of 33,847.00. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

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

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

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’ s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

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G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

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

City of South Lake Tahoe
Attn: Randy Carlson
1052 Tata Lane
South Lake Tahoe, CA 96150
RCrlson@cityofslt. us
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed 450,343.00.

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

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

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

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section.

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C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

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

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

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

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

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

ARTICLE VIII RETENTION OF RECORD/ AUDITS
For the purpose of determining compliance with Gov. Code 8546. 7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’ s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three 3) years from the date of final payment under the AGREEMENT.

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

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

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

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

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

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

1. During Caltrans A& I’s review of the ICR audit work papers created by the CONSULTANT’ s independent CPA, Caltrans A&I will work with the CPA and/ or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans A& I identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR Federal Acquisition Regulation) compliant ICR e.g. 48 CFR Part 31; GAGAS Generally Accepted Auditing Standards); CAS Cost Accounting DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 317
Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials AASHTO) Audit Guide; and other applicable procedures and guidelines} is received and approved by A&I.

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

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

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

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

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT' s obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY' s obligation to make payments to the CONSULTANT.

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B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’ s approved Cost Proposal.

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

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

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

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

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

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

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

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

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2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars 5,000) is credited to the project.

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

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation' s Regional/ District Labor Compliance Officer http:// www.dot.ca.gov/ hq/ construc/ LaborCompliance/ documents/ District Region_ Map_Construction_ 7 8 15.pdf). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code 1773. 2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

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

D. Payroll Records

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

2. The payroll records enumerated under paragraph 1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representative’ s at all DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 320
reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee' s payroll record shall be made available for inspection or furnished to the employee or the employee' s authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph 1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

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

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

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

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

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

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

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

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

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

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

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’ s failure to pay the specified prevailing rate of wages to the Subconsultant’ s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 322
diem wages to the Subconsultant’ s employees on the public works project and any amounts due pursuant to Labor Code 1813.

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

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

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

H. Employment of Apprentices

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

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

Penalties are specified in Labor Code 1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 323
current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

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

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

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

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

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

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

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

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

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 324

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars 10,000) and not more than one hundred thousand dollars 100,000) for each such failure.

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

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

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

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act Gov. Code 12990 et seq.), the applicable regulations promulgated there under 2 CCR 11000 et seq.), the provisions of Gov. Code 11135 11139. 5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code 12990 a f),set forth 2 CCR 8100 8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty four 24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

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E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

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

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

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

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

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

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

3. Does not have a proposed debarment pending; and

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

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

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

DocuSign Envelope ID: ED6B7576-28D7-4521-B695-CDA7A7F4257B 326

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement (" Agreement") entered into on March 19, 2019 between the City of South Lake Tahoe, a municipal corporation (" CITY ") and CDM Smith, Inc.

CONSULTANT") is hereb y amended , effective March 19 . 2021 , as set forth below .

RECITALS
A . On March 19 , 2019 , the City entered into the Agreement with Consultant to provide en gineering design services for the Pioneer Trail Pedestrian Improvement Project Phase II , for a two- year term ending on March 19 , 2021 .

B . The project has been delayed for approximately two years for various reasons including additional environmental studies needed to satisfy the National Environmental Policy Act, COVID- 19 shutdowns causing slower than usual review times on essential documents , and a fundin g shortfall for the right- of-way phase , which needs to be completed before Tasks 10 , 11 , and 12 are finalized .

C . The Parties now desire to alter the Agreement' s term to allow Consultant additional time to complete the Scope of Services .

AGREEMENT
The terms ofthe Professional Services Agreement are hereby amended to read as follows :

Section 2 . Term/ Time of Performance . The services by Consultant are to commence upon the execution of this Agreement and sha ll continue until all authorized work is approved by City. All such work shall be completed not later than June 30, 2023 . Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by June 30, 2023 shall constitute a material breach of this Agreement as amended .

City ofSouth Lake Tahoe - CDM SMith , lnc .

PSA Amendment No . I
C-031-2021
C-009-2019) 327
IN WITNESS WHEREOF , the parties have caused th is Agreement to be executed on the date first written above .

CITY OF SO UT H LAKE TA HO E CONSUL TAN T
By : -----------
WiII iam E. Hurrell , Vice Pres ident
Business License # 3208 l0
APPROVE D AS TO FORM: ATT EST:

Heather Stroud , City Attorney
CITY SEAL:

City of South Lake Tahoe - CDM SMith, lnc.

PSA Amendment No. I
C-031-2021
C-009-2019) 328
City of South Lake Tahoe – CDM Smith, Inc.

PSA Amendment No. 2 – C-117-2023