Agenda packet, first session — South Lake Tahoe City Council, September 10, 2024 (part 1 of 3)

City Council
Cody Bass, Mayor
Cristi Creegan, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Vacant
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
Meeting Agenda
Tuesday, September 10, 2024 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 livestreamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us02web.zoom.us/j/88223857820
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)].

Remote Participation: 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: 882 2385 7820. 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. Note: The Mayor reserves the right to conduct the meeting with inperson public participation only, if there is a technology malfunction that precludes the use of remote public participation.

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 1 1. Proclamation - Suicide Prevention and Recovery Month

2. Proclamation - Constitution Week
made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

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

Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Proclamations
Requested Action / Suggested Motions: Issue a Proclamation to Access Tahoe recognizing September 2024 as "Suicide Prevention and Recovery Month".

Item 1- Executive Summary.pdf
September as Suicide Prevention and Recovery Month.pdf
Requested Action / Suggested Motions: Issue a Proclamation to the Daughters of the American Revolution recognizing September 17-23, 2024, as "Constitution Week".

Item 2- Executive Summary.pdf
Proclamation for September 17-23 as Constitution Week.pdf Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.

Comments shall be limited to three (3) minutes.
2 3. City Council Budget Workshop Meeting Minutes

4. Amendment to Snow Removal Operations Agreement with Trella Tahoe, Inc.

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

6. Side Letter to South Lake Tahoe Police Officers' Association Memorandum of Understanding Regarding Sick Leave

7. Acceptance of FAA Grant and Award of Contract for Airport Pavement Maintenance to Q & D 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 August 27, 2024, City Council Budget Workshop meeting minutes.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 3- Executive Summary.pdf
08 27 2024 City Council Budget Workshop Meeting Minutes.pdf Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a contract extension with Trella Tahoe, Inc. for snow removal services at the Airport, Fire Department, Police Department, Fire Rescue Facility, and sidewalks not maintained by City Park forces, plus on-call service as needed for a term of November 1, 2024 to April 30, 2025 in an amount not to exceed $397,722.00.

CEQA Determination: The action is categorically exempt from review under CEQA Guidelines section 15301 (Existing Facilities).

Responsible Staff Member(s): John Dickinson, Airport Manager and Anush Nejad, Public Works Director
Item 4- Executive Summary.pdf
01-Staff Report Trella.docx
02- Amendment to Trella_PSA.pdf
03- C-180-2023_Trella_Tahoe.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Amendment to Custodial Services Agreement with Building Services of CA and NV, LLC (dba Sunwest), to extend the Agreement for one year for an amount not to exceed $107,168.00, which includes a $5,000.00 contingency.

Responsible Staff Member(s): John Dickinson, Airport Manager Item 5- Executive Summary.pdf
01- Staff Report Sunwest
02-Amendment to SunWest PSA.pdf
03- C-224-2023 Custodial Services Agreement for Bellamy Garage and City Hall Requested Action / Suggested Motions: Pass Resolution approving a Side Letter with the Police Officers' Association (SLTPOA) to increase sick leave accrual limits to one-thousand (1000) hours and allow conversion of sick leave upon retirement to CalPERS service credit.

Responsible Staff Member(s): Ember Buckman, Human Resources Manager Item 6- Executive Summary.pdf
01-Staff Report SLTPOA Sick Leave Side Letter.docx
02-Resolution POA Sick Leave Side Letter.docx
03 - Sick Leave Side Letter (Exh. A to Reso).pdf
3 Construction, LLC

8. Amendment No. 9 to Professional Services Agreement with Stantec Consulting Services, Inc.

9. Tahoe Regional Planning Agency (TRPA) Water Quality Mitigation Funding and Supplemental Environmental Project (SEP) Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project

10. Tahoe Regional Planning Agency Stream Environment Zone (SEZ) and Water Quality Mitigation Funding for the Upper Bijou Park Creek Restoration Project Requested Action / Suggested Motions: (1) Pass a Resolution authorizing the Airport Manager to accept FAA Grants, appropriating Airport Enterprise Funds in the amount not to exceed $426,400.00 for airport pavement maintenance; and (2) Pass a Motion authorizing and directing the Mayor to execute an agreement with Q & D Construction, LLC for Airport Pavement Rehab for $856,300.00, plus a 5% Contingency, in the amount of $42,900.00, with total not-to-exceed amount of $899,200.00.

CEQA Determination: The project is categorically exempt under CEQA Guidelines section 15301(d) (Existing Facilities).

Responsible Staff Member(s): John Dickinson, Airport Manager Item 7- Executive Summary.pdf
01- Staff Report Pavement Rehab
02- Resolution Pavement Project
03- 2024 TVL AIP Pavement Maintenance Project Q&D Construction Contract Agreement 04- TVL AIP 050 Bid Tab Package.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 9 to the Agreement with Stantec Consulting Services, Inc. for additional bidding and construction support services for the Tahoe Valley Stormwater and Greenbelt Improvement Project for the amount of $20,000.00 for a total not-to-exceed contract amount of $779,100.00.

CEQA Determination: The Planning Commission adopted the CEQA and Mitigated Negative Declaration for the Greenbelt and Stormwater Improvement Project on May 9, 2019, SCH# 20190292152. This action does not require additional review under CEQA Guidelines section 15162.

Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Item 8- Executive Summary.pdf
01-Staff Report - Amendment No. 9 to Stantec Agreement.docx 02-Stantec PSA Amendment 9.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Finance to appropriate the TRPA Mitigation Funding and SEP Funding to the Tahoe Valley Stormwater and Greenbelt Improvement Project, authorizing and directing the Mayor to execute the Agreement Related to Barton Basin SEP, and authorizing and directing the City Manager to take any further actions necessary for completion of the SEP funding acceptance.

Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Item 9- Executive Summary.pdf
01-Staff Report-TRPA & SEP funding for the TV Stormwater & Greenbelt Project.docx 02-Project Phase 2 Area Map
03-Resolution.doc
04-SEP Side Agreement (Exh. A to Reso).docx
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of 4 11. Community Development Block Grant Program Coronavirus Response Allocation of Remaining Funding for Tahoe Coalition for the Homeless Bears Den Inn Rehabilitation

12. Addendum and Amendment #3 to the Subrecipient Agreement with Tahoe Coalition for the Homeless for 2020 Community Development Block Grant Program - Coronavirus Response Round 2 & 3

13. Restricted Grant Agreements with the California Department of Transportation Accepting up to $420,517 the South Lake Tahoe Multimodal Mainstreet Corridor Plan Finance to appropriate $400,000 in TRPA Mitigation Funding to the Upper Bijou Park Creek Restoration Project.

CEQA Determination: The Planning Commission adopted the Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020, and on May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration. This action does not require additional review under CEQA Guidelines section 15162.

Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Item 10- Executive Summary.pdf
01-Staff Report - TRPA SEZ Funding for Bijou Park Creek.docx 02-Resolution-TRPA Mitigation Funding for Bijou Park Creek Requested Action / Suggested Motions: Pass a Resolution authorizing an amendment to the Standard Agreement issued under the 2020 Community Development Block Grant Program Coronavirus Response (CDBG-CV) for allocation of remaining funding for Tahoe Coalition for the Homeless Bears Den Inn Rehabilitation.

CEQA Determination: This project is exempt under CEQA Guidelines section 15031 (Existing Facilities).

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 11- Executive Summary.pdf
01-Staff Report-CDGB Bears Den Inn Rehabilitation.docx
02-Resolution_CDBG-CV_Remaining Funding.docx
03-January 09 2024 Staff Report.pdf
04-February 13 2024 Staff Report.pdf
Requested Action / Suggested Motions: Pass a Motion approving the Duplication of Benefits Policy as an addendum to the Subrecipient Agreement between City of South Lake Tahoe and Tahoe Coalition for the Homeless for 2020 Community Development Block Grant Program - Coronavirus Response Round 2 & 3. It is also recommended that the City Council adopt an amendment (Amendment #3) to the Subrecipient Agreement extending the timeframe from October 28, 2023 to March 31, 2026.

CEQA Determination: This action is categorically exempt under CEQA Guidelines Section 15031 (Existing Facilities).

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 12- Executive Summary.pdf
01- Staff Report_DOB Policy_TCH_Sept10.docx
02-Duplication of Benefits Policy and Process for Bears Den CDBG-CV Funds.docx 03-C-004-2022_Tahoe_Coalition_for_Homeless_Subrecipient_Agreement.pdf 03-Amendment_3_Subrecipient_Agreement_TCH_C.docx
Requested Action / Suggested Motions: Pass a Resolution authorizing the Public Works Director, or designee, to execute all Restricted Grant Agreements and any amendment thereto with the California Department of Transportation for the South Lake Tahoe Multimodal Mainstreet Corridor Plan, and amending Fiscal Year 2023/2024 budget to appropriate grant funds and matching funds totaling $475,000 to the project account.

CEQA Determination: This action is statutorily exempt under CEQA Guidelines section 15262 (Feasibility and Planning Studies) and categorically exempt under section 15305, Class 6 (Information Collection).
5 14. Fiscal Year 2024-2025 Investment Policy and Authority

15. Permanent Local Housing Allocation (PLHA) Grant Amendment

16. Conflict of Interest Code Update

17. League of California Cities Annual Conference Voting Delegate and Alternate

18. Amendment No. 2 to the Funding Agreement with the South Shore Transportation Management Association to Extend Term for One Year at a total Cost of $650,000 Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager, Andra Burnam, Office Manager
Item 13- Executive Summary.pdf
01-Staff Report - CalTrans Grant Agreement.docx
02-Resolution.docx
03-Award Letter.pdf
Requested Action / Suggested Motions: Pass a Resolution delegating investment authority to the City Treasurer and adopting the City Investment Policy for the fiscal year from October 1, 2024 to September 30, 2025.

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 14- Executive Summary.pdf
01-Staff Report - Investment Policy 2024-2025.docx
02-Resolution - Investment Policy 2024-2025.docx
03-Investment Policy - 2024-2025 (Exh. A to Reso).pdf
04-Investment Policy - 2024-2025 redline.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing an amendment to the PLHA application that was initially authorized by Resolution 2020-060 and amended in Resolution 2023- 095 to be utilized for the Preapproved Accessory Dwelling Unit plans.

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 15- Executive Summary.pdf
01-Staff_Report_-_PHLA (1).docx
02-Resolution PLHA Amendment.pdf
Requested Action / Suggested Motions: Pass a Resolution approving updates to the City's Conflict of Interest Code.

Responsible Staff Member(s): Susan Blankenship, City Clerk, and Michelle Davis, Assistant City Clerk
Item 16- Executive Summary.pdf
01- Staff Report - Conflict of Interest Code.docx
02- Resolution-Conflict of Interest Code Update.docx
03-Appendix A & B Redline.pdf
04-Appendix A & B Clean.docx
Requested Action / Suggested Motions: Pass a Motion selecting Councilmember Robbins as Voting Delegate and Heather Stroud, City Attorney, as Alternate Voting Delegate at the League Annual Conference (Long Beach, October 16-18)
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 17- Executive Summary.pdf
01-Staff Report - League Registration Authorization.docx 02-2024 Voting Delegate Information Packet.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: 1) Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to the Funding Agreement with the South Shore Transportation Management Association (SS/TMA) to extend the term for one year; and, 2) Pass a Resolution appropriating $500,000 from General Fund Undesignated Excess Reserves in fiscal year 24/25 to 6 19. Mid-Town Area Plan: Priority Topics and Stakeholder Engagement Update

20. Presentation by California Department of Transportation on Hot Mix Asphalt Concrete and Portland Cement Contract for Roadway Rehabilitation on State Highways

21. Annual Report on Homelessness

22. Patagonia Product Procurement

23. Update on City Website Improvements

24. Airport Food & Beverage Lease & Concession Agreement with Flight Deck Grill & Golf Club, LLC fund microtransit services through September 30, 2025.

Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 18- Executive Summary.pdf
01-Staff Report - South Shore Transportation Management Association.docx 02-C-024-2023 SSTMA Funding Agreement and C-247-2023 Amendment No. 1 03-Amendment No.2 to Funding Agreement with SSTMA
04-Resolution - SSTMA Appropriation.docx
Requested Action / Suggested Motions: Pass a Motion confirming priority topics to be addressed in the Mid-Town Area Plan as: (1) implementation of redevelopment strategies and incentives; (2) creation of arts district; (3) transportation improvements; (4) encouraging housing development; (5) concentration of City services and civic amenities; and (6) enhancement of recreation assets.

Responsible Staff Member(s): Anna Kashuba, Senior Planner Item 19- Executive Summary.pdf
01-Staff Report - Mid-Town Area Plan Stakeholder Engagement.docx 02-Mid-Town Area Plan Boundary.pdf
Regular-New Business
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member(s): Anush Nejad, Director of Public Work Item 20- Executive Summary.pdf
01-Staff Report - Asphalt vs Concete.docx
02-Presentation
Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 21- Executive Summary.pdf
01-Annual Homelessness Report_Sept2024.docx
02 - MOU with Tahoe Coalition for Homeless.pdf
03 - MOU with Live Violence Free.pdf
Requested Action / Suggested Motions: Pass a Motion directing the City Manager or designee to open a B2B group discount account with Patagonia in compliance with the City's procurement policy.

Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 22- Executive Summary.pdf
01-Staff Report - Patagonia Procurement.docx
Requested Action / Suggested Motions: Receive and file
Responsible Staff Member(s): Sheree Juarez, PIO/Communications Specialist Item 23- Executive Summary.pdf
01-Staff_Report_City_Website_Improvements .docx
02-Presentation.pptx
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Airport Food & Beverage Lease & Concession Agreement with Flight Deck Grill & Golf Club, LLC.
7 25. Extension to Agreement with Axon for Body Worn Camera and In Car Video Systems

26. Agenda Planning Calendar
CEQA Determination: This action is categorically exempt from under CEQA Guidelines section 15301 (Existing Facilities).

Responsible Staff Member(s): John Dickinson, Airport Manager Item 24- Executive Summary.pdf
02- Lease and Concession Agreement Flight Deck Golf and Grill 01- Staff Report Flight Deck Golf and Grill
03-Flight Deck Golf and Grill Proposal
04- Presentation
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a five year contract extension with Axon for Body Worn Camera - In Car Video systems with unlimited data storage, enhanced support software, licenses, and a no questions warranty for $980,976.45, payable over five years of the contract, interest free, and appropriating $195,986 from General Fund Undesignated Excess Reserves into FY 2024/2025 budget for the first annual payment.

Responsible Staff Member(s): Jeff Roberson, Lieutenant
Item 25- Executive Summary.pdf
01-Staff Report Axon Agreement.docx
02-Resolution - Axon Purchase 2024-2029.docx
03-Axon Extension Quote (Exh. A to Reso).pdf
Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member(s): Joe Irvin, City Manager and Susan Blankenship, City Clerk Item 26- Executive Summary.pdf
APC - 09 05 2024.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday September 10, 2024, City Council meeting was posted and available for review on Thursday, September 5, 2024, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us Signed September 5, 2024
//sb// Susan Blankenship, Elected City Clerk
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:1
Agenda Item: Proclamation - Suicide Prevention and Recovery Month Requested Action / Suggested Motions: Issue a Proclamation to Access Tahoe recognizing September 2024 as "Suicide Prevention and Recovery Month".

Attachments:

September as Suicide Prevention and Recovery Month.pdf
9 The City of South Lake Tahoe
Proclamation
Recognizing September 2024 as
“Suicide Prevention and Recovery Month”
WHEREAS, the health and well-being of the citizens of South Lake Tahoe are of utmost importance to the prosperity and quality of life in our community; and WHEREAS, suicide and other deaths of despair, which include deaths related to drug and alcohol abuse, are major public health issues that impact people of all ages, genders, and backgrounds, with devastating effects on families, friends, and entire communities; and WHEREAS, according to the Centers for Disease Control and Prevention (CDC), suicide is the 10th leading cause of death in the United States, underscoring the critical need for comprehensive mental health care and proactive intervention; and
WHEREAS, the observance of Suicide Prevention Month in September provides an opportunity to raise awareness, educate the public about suicide prevention, and promote mental health resources that can save lives; and
WHEREAS, recovery from mental health and substance use disorders is possible with the appropriate support and treatment, helping individuals lead fulfilling and productive lives; and WHEREAS, Recovery Month is celebrated nationally in September to increase awareness and understanding of mental health and substance use disorders, and to celebrate those who have embarked on the journey of recovery; and
WHEREAS, the City of South Lake Tahoe is committed to supporting initiatives that promote mental health, prevent suicide, and provide recovery resources to those in need; and WHEREAS, through collaborative efforts with healthcare providers, educators, community organizations, and concerned citizens, we can work together to foster a culture of understanding, compassion, and resilience;
NOW, THEREFORE, the City Council of the City of South Lake Tahoe does hereby proclaim September 2024 as “Suicide Prevention Month and Recovery Month.” _________________________ __________________________
Cody Bass, Mayor Susan Blankenship, City Clerk
10 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:2
Agenda Item: Proclamation - Constitution Week
Requested Action / Suggested Motions: Issue a Proclamation to the Daughters of the American Revolution recognizing September 17-23, 2024, as "Constitution Week".

Attachments:

Proclamation for September 17-23 as Constitution Week.pdf 11 The City of South Lake Tahoe
Proclamation
Recognizing September 17-23, 2024 as
“Constitution Week”
WHEREAS: The Constitution of the United State of America, the guardian of our liberties, embodies the principles of limited government in a republic dedicated to rule by law; and
WHEREAS: September 17, 2024, marks the two hundred and thirty-sixth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and
WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week,
NOW, THEREFORE: The City Council of South Lake Tahoe in South Lake Tahoe, California do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787, by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties.
_________________________ __________________________
Cody Bass, Mayor Susan Blankenship, City Clerk
12 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:3
Agenda Item: City Council Budget Workshop Meeting Minutes Executive Summary: City Council is asked to formally approve the August 27, 2024, City Council Budget Workshop meeting minutes.

Requested Action / Suggested Motions: Pass a Motion approving the August 27, 2024, City Council Budget Workshop meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
08 27 2024 City Council Budget Workshop Meeting Minutes.pdf 13 City of South Lake Tahoe
City Council Budget Workshop
Meeting Minutes
Tuesday, August 27, 2024 at 9:00 a.m.

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
Mayor Bass Called the meeting to order at 9:03 a.m., and then led the pledge of allegiance.

Land Acknowledgement
Mayor Bass read the Washoe Tribe of Nevada and California Land Acknowledgement.

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

Mayor Pro Tem Friedrich was present over Zoom.

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

Closed Session Report of August 27, 2024

1. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1).

Case: Gildardo Navarro v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case No. ADJ14589225.

Action: No reportable action.

Public Communications

1. Stacey Ballard- Arts, Culture, and Tourism Commissioner for the Budget Discussion

2. Shaydar Edelmann- Heavenly Parking Agreement *written public comment also distributed

3. Kenney Curtzwiler- American Legion membership

4. John Messina- Second homeowner voter registration *written public comment also distributed

5. Kelly O’Hare- Hazmat spill on Saddle Road

6. Angie Reagan- Need to address City liveability in the budget and strategic plan City Commission Reports
None.

Consent Agenda
14 Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed the Consent Agenda.

1. City Council and South Tahoe Joint Powers Parking Financing Authority Meeting Minutes Action: Passed Motion 2024-080 approving the August 13, 2024 Regular City Council and South Tahoe Joint Powers Parking Financing Authority Meeting Minutes.

2. Fire Department Vehicle Purchase for the Wildfire Fuels Division Action: Passed Motion 2024-081 authorizing the Fire Chief, or theirdesignee, to purchase one Chevy 3500 HD 4x4 Pickup Truck (C-221-2024) and associated upfitting as an emergency response vehicle in an amount not to exceed $101,000.

3. California Tahoe Conservancy Grant Application For $700,000 for Regan Beach Improvements Action: Passed Resolution 2024-088 authorizing staff to submit an application for the California Tahoe Conservancy Lake Tahoe Science and Lake Improvement Grant Program in the amount of $700,000 to support rehabilitation projects at Regan Beach.

4. Reimbursement Agreement with South Tahoe Public Utility District and Appropriation of Funds to the 2024 Road Rehabilitation Project
Action: Passed Resolution 2024-089 authorizing and directing the Mayor to execute a reimbursement agreement (C-222-2024) with the South Tahoe Public Utility District (STPUD) for adjusting the grade of STPUD utilities, accepting $140,750.00 with a 25% contingency of $35,162.50 to reimburse the City for the STPUD utility work, and amending the 2024 Road Rehabilitation Project Budget.

Regular-New Business

5. Fiscal Year 2024-2025 Recommended Budget
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: (1) Passed Resolution 2024-090 Approving FY 2024-2025 Municipal Operating and Capital Improvement Program Budget and $1,000,000 Set-Aside from the General Fund Unassigned Undesignated Excess Reserves for the Affordable Housing Project at 3900-3908 Lake Tahoe Boulevard; and (2) Passed Resolution 2024-091 Approving FY 2024-2025 List of Allocated Permanent Positions, including new, eliminated, and reclassified positions.

Public Comment was heard from the following people:

1. John Messina

2. Angie Reagan, Access Tahoe
Agenda Planning Calendar

6. Agenda Planning Calendar
Action: Received and Filed.

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

1. Upcoming Ski Run Park Ribbon Cutting Ceremony

2. City Offices closed for Labor Day

3. September 17- State of the City Address

4. Responded to public comment regarding hazmat spill
15 Councilmember Reports and Comments
Creegan

1. Thank you for the warm welcome to Darby Creegan at the last Council meeting Bass

1. Attended Lake Tahoe Summit

2. Upcoming TRPA meeting
Ajourment
Mayor Bass ajourned the Meeting at 12:19 p.m.

Date:_______________
______________________
Cody Bass, 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.
16 17
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:4
Agenda Item: Amendment to Snow Removal Operations Agreement with Trella Tahoe, Inc.

Executive Summary: Staff is requesting the City Council to approve the amendment to the Professional Services Agreement with Trella Tahoe, Inc. for snow removal operations. This agreement provides snow removal services for the Airport, Fire Department, and Police Department. Also, this agreement removes snow from the Fire Rescue Facility and other areas in the City, plus an on-call portion if needed. The total amount of this contract for the next year, from Nov. 1, 2024 to Apr. 30, 2025, will not exceed $397,722.00. Ater this amendment, there are three additional years remaining at the City's discretion.

The contract also includes an allocation of $130,032.00 for sidewalk snow maintenance this winter.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a contract extension with Trella Tahoe, Inc. for snow removal services at the Airport, Fire Department, Police Department, Fire Rescue Facility, and sidewalks not maintained by City Park forces, plus on-call service as needed for a term of November 1, 2024 to April 30, 2025 in an amount not to exceed $397,722.00.

Responsible Staff Member: John Dickinson, Airport Manager and Anush Nejad, Public Works Director Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report Trella.docx
02- Amendment to Trella_PSA.pdf
03-C-180-2023 Trella Tahoe
18 Council Agenda Report- September 10, 2024 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: September 10, 2024
Title: Agreement with Trella Tahoe, Inc. for Snow Removal Operations Application Location: Airport, City Hall, Police Department, Fire Department, and Various Other City Facilities Citywide
Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 and Anush Nejad, Director of Public Works (530) 542-6182
Background: The City issued a Request for Proposal on June 28th, 2023, for Snow Removal services during the 2023/2024 winter season with a 4-year option to renew. City staff would like to renew the current contract for the 2024/2025 snow season with a CPI increase. The requested services included the following facilities:
 Lake Tahoe Airport: Lisa Maloff Way, including Lisa Maloff Way roadway  Police Department Facility: 1352 Johnson Blvd.
 Fire Rescue Stations 1, 2, 3 & Fire Training Center: 1252 Ski Run Blvd., 2951 Lake Tahoe Blvd., 2101 Lake Tahoe Blvd., and 1195 Rufus Allen Blvd.  Recreation Center, Ice Arena, Harrison Parking Lots, Bijou Park, Senior Center, and Museum Area.
 Public Works and Development Services Parking Lots.
 Selected Sidewalks.
 Optional Hourly Services.

This Contract is crucial to the airport and public works departmental needs due to staff needs that must be performed daily. These services will close the resource gap and allow the City to manage the Airport and all other City facilities.

Issue and Discussion: The project was advertised on Planet Bids on June 28, 2023. 408 vendors were notified, and 13 prospective bidders downloaded the bid documents. The bidding period closed on July 19, 2023. The City received one bid from Trella Tahoe, Inc. for a total of $385,390.00.

In addition to the core services, the Contract also allows a not-to-exceed hourly service to provide additional resources to the City, if needed, during heavy storm events or special needs. The Contract break down of cost is listed in Table A below with the CPI increase that will bring the new amount to $397,722.00,:
19 Council Agenda Report- September 10, 2024 Page 2 of 2 Site Location Bid Amount Annual 3.2% CPI Increase
Airport Property 1901 Lisa Maloff Way $104,500.00 $107,844.00 Airport Road 1901 Lisa Maloff Way $20,500.00 $21,156.00 Police Station 1352 Johnson Blvd. $9,500.00 $9,804.00
Fire Station 1 1252 Ski Run Blvd. $6,100.00 $6,295.00
Fire Station 2 2951 Lake Tahoe Blvd. $6,100.00 $6,295.00 Fire Station 3 2101 Lake Tahoe Blvd. $6,100.00 $6,295.00 Fire Training Center 1195 Rufus Allen Blvd. $3,600.00 $3,715.00 Harrison Avenue Parking Lots 3 locations along Harrison Ave $15,750.00 $16,254.00 Ice Arena, Rec Center,
Museum, Ambulance, Senior
Center
1176 and 1180 Rufus Allen;
3050, 3058, and
3066 Lake Tahoe Blvd
$31,000.00 $31,992.00
Bijou Park 1201 Al Tahoe Blvd. $17,750.00 $18,318.00
Community Playfields
Parking Lot
1300 Al Tahoe Blvd. $7,875.00 $8,127.00
Public Works
Department
1740 D Street $8,275.00 $8,540.00
Development Services
Department
1052 Tata Lane $7,340.00 $7,575.00
City Sidewalks City Sidewalks
(9.2 Miles)
$126,000.00 $130,032.00
Optional On-Call Services Optional On-Call Services per hr/Max $15,000 ($240/hr)
$15,000.00 $15,480.00
Bid Total $385,390.00
Annual 3.2% CPI Increase $397,722.00
TOTAL $397,722.00
Table A – Contract Breakdown
Financial Implications: The city council approved all budgeting for the snow removal contract on August 27th, 2024. For this contract, $22,000 is budgeted in the Snow Removal account 207- 03610-42025 Contract Services, $125,000 in the Airport Airfield Area account 501-05130-43022 Snow Plowing, and the remaining funds in the amount of $250,722 are allocated in the General Fund Maintenance Operations account 100-03310-42025 Contract Services. These funds will be loaded for next year's budget cycle on October 1, 2024.

Environmental Considerations: The Project is considered Categorically Exempt (CE) from review under CEQA under CEQA Guidelines section 15301 (Existing Facilities) because it consists of operating existing public facilities and mechanical equipment involving negligible or no expansion of use.

Policy Implications: Contracting snow operations for City Facilities is consistent with the cityadopted Snow Operations Plan and will maintain a safe and efficient roadway and facilities for public access and use. By contracting this work, the City will have sufficient resources to address the Airport Runway, City Streets, Trails, and City-owned Sidewalks. 20 CITY OF SOUTH LAKE TAHOE

AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
This Amendment to the Professional Services Agreement between the City of South Lake Tahoe, a municipal corporation ("City"), and Trella Tahoe Inc. ("Consultant") is entered into and effective as of the 1st day of November 2024, extending and amending the Professional Services Agreement ("Agreement") dated November 1, 2023.

RECITALS
A. On November 1, 2023, the City entered into the Agreement with Consultant to provide snow removal services at various City facilities and sidewalks.

B. The Parties now desire to alter the Agreement's Term and Compensation to extend the Agreement for one year.

AGREEMENT
Section 2 of the Agreement is hereby amended such that the Term is extended for one year to end on April 30, 2025.

Section 3 and Exhibit B of the Agreement is hereby amended such that the Compensation for FY24-25, beginning on November 1, 2024, is set an amount not to exceed $397,722.00, as set forth on the amended Exhibit B attached hereto.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Phil Trella, Owner

Business License # 011500

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:
21 July 24th, 2024
Philip Trella
930 Mule Deer Circle
South Lake Tahoe, CA 96150
Re: Professional Services Agreement: Snow Removal CPI Adjustment Dear Mr. Trella,
Please be advised, the 2024-2025 Professional Services Agreement for snow removal has been updated to include the annual CPI increase. The CPI, All Urban, San Francisco-Oakland-HaywardCA was used as the basis for calculating the adjustment.

The table provided below outlines the calculation and CPI-U index table in the interest of transparency.

Annual CPI for the period ending June 2024 351.064
Less CPI for previous period ending June 2023 340.094
Equals index point change 11.008
Divided by previous 12-month reporting period 340.056
Equals 0.0323
Result multiplied by 100 3.2
Equals percent change= 3.2% increase
(rounded three spaces per contract)
If you have any questions or concerns, please do not hesitate to contact the Airport Manager.

Sincerely,
John Dickinson
John Dickinson, C.M.

Airport Manager
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
22 EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
23 24
C-180-2023

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 1ST day of November 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Trella Tahoe, Inc. (“Consultant”).

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

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

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

AGREEMENT

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

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

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

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement on November 1, 2023 at 12:01 AM PDT and continue until 11:59 PM PDT April 30, 2024, with the option to renew annually at the sole discretion of the City for four (4) additional years between November 1 and May 1 of each year.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $385,390.00 without additional written authorization from City. Payment by City under this Agreement shall not be 25 C-180-2023
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.

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. 26 C-180-2023
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.

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

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third-party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employeremployee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, (and principals, associates, and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
27 Consultant’s work under this Agreement, or the consultant’s Scope of WCor 1k8.0-2023
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)].

All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

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

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

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees, and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the 28 C-180-2023
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges, and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation of all
Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. Coverage must be made on the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
29 C-180-2023
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii.

This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents, or volunteers.
vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount, and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract 30 C-180-2023
until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
If to Consultant: Phil Trella, Owner
930 Mule Deer Circle
South Lake Tahoe, CA 96150
Email: [email protected]
Phone: (530) 318-8537

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to 31 C-180-2023
this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

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

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

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug- Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a).
b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace.
ii. The person’s or organization’s policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance program; and iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
32 C-180-2023
i. Will receive a copy of the Consultant’s drug-free policy statement; and ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant.
(1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

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

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

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

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

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

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

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

31. Time is of the essence. Time is of the essence for this Agreement. 33 C-180-2023

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

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

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By: By: Phillip Trella
Phillip Trella (Sep 23, 2023 09:55 PDT) Cody Bass (Sep 15, 2023 16:11 PDT) Cody Bass, Mayor Pro Tem Phil Trella, Owner
Sep 15, 2023
Date
Sep 23, 2023
Date
Business License #:

APPROVED AS TO FORM:

By: Sep 14, 2023 Heather Stroud (Sep 14, 2023 14:13 PDT) Heather Stroud, City Attorney Date
ATTEST
By: Sue Blankenship (Sep 14, 2023 11:39 PDT) Sep 14, 2023 Susan Blankenship, City Clerk Date
Attachments:

Exhibit A-Scope of Services
Exhibit B-Compensation Schedule
Exhibit C-Anti-Lobbying Certification
Exhibit D- Prevailing Wage
Exhibit E- COI
011500
34 C-180-2023

EXHIBIT A

SCOPE OF SERVICES
35 C-180-2023

INTRODUCTION

1. Background & Scope of Work
The Contractor will provide equipment and manpower necessary to clear snow from certain paved portions of the Lake Tahoe Airport, City Police Station Headquarters, Fire Rescue Station 1, 2, 3, Fire Training Center and various other areas within City jurisdictional boundary based on need. This seasonal snow removal contract is for a six-month contract period. Contracts start on November 1, 2023, and span until April 30, 2024. All contracts with the City of South Lake Tahoe require a contractor to maintain a City of South Lake Tahoe Business License. A City of South Lake Tahoe Business License can be obtained online from the address:
https://cityofslt.us/451/Business-Professions-Tax
IMAGE 1
Lake Tahoe Airport Contract Snow Removal Areas Are Shaded. 36 C-180-2023
Image 2 Sidewalk and Stairs at Airport
1901 Lisa Maloff Way, South Lake Tahoe, CA 96150
Image 3
City Police Station Headquarters Snow Removal Areas are Shaded. 1352 Johnson Blvd., South Lake Tahoe, CA 96150
Image 4
Fire Station 1
37 C-180-2023
1252 Ski Run Blvd.

IMAGE 5 Fire Station 2
38 C-180-2023
2951 Lake Tahoe Blvd., South Lake Tahoe, CA 96150
Image 6
City Fire Rescue Station 3 Snow Removal Areas are Shaded. 39 C-180-2023
2101 Lake Tahoe Blvd., South Lake Tahoe, CA 96150
Image 7
City Fire Rescue Training Center Snow Removal Areas are Shaded. 40 C-180-2023
1195 Rufus Allen Blvd., South Lake Tahoe, CA 96150
City Police Station Headquarters
All paved parking Areas inside fence will be cleared, dirt road between two parking areas will be cleared, entrance nearest the cemetery will be cleared.

City Fire Rescue Stations
At the four Fire Rescue Facilities identified the standard to start snow removal operations is when 3” or more of snow is observed on pavements at any one of the facilities. The snow should not be allowed to accumulate more than 3” at any Fire Station as these are mission critical infrastructure to the community. During a prolonged winter storm event, a Contractor should plan on multiple site visits to the Fire Rescue Stations to ensure that snow accumulations remain 3 inches or below during a 24-hour period. Please note these facilities are staffed 24/7/365.

Graveyard shift work maybe required. The ramp areas and vacant parking should be cleared for station shift change scheduled at 0600 hours daily. The Fire Rescue Training Facility located at 1195 Rufus Allen Blvd., South Lake Tahoe, CA 96150 can be cleared once a day rather than at the 3-inch snow depth limit. Clearing can occur late morning through early afternoon as Contractor schedule permits. Snow storage locations are depicted on maps provided by Fire Rescue.
41 maintenance supervisor prior to driving on the airfield. C-180-2023 All paved parking areas will be cleared at Fire Stations 1, 2, and 3 and the fire station training facility. This contract includes 2101 Lake Tahoe Blvd, 2951 Lake Tahoe Blvd, and 1252 Ski Run Blvd and 1195 Rufus Allen Blvd.

Lake Tahoe Airport
The airport is requesting that a push or tracked snow blower is employed during snow removal operations to clear snow on the North face of the hangars. The snow between the face of the building to a distance of 4-7 feet out from the hangar building face for each hangar. The remaining snow can be removed using a loader or comparable equipment. Mechanical snow removal operations will commence
after snow accumulations on airside
airport property reaches one inch
(1”) or greater in
accumulated snow depth and three
inches (3”) on landside airport
property. The snow contractor
will be expected to dispatch a
removal crew when these conditions
are observed. The airport will not be
required to request service. The
airport will only request service if it
discovers that a snow removal
crew was never dispatched
by the contractor.

The date and times of service under this contract are dependent on local winter weather conditions and can require multiple site visits should snow accumulations reach more than one inch (1”) more than once in a 24-hour period.

The airport is open seven days a week, 365 days per year. The Snow Removal Contractor agrees to meet its obligations to clear snow from 5:00 am – 10:00 pm when conditions warrant or at the airport manager’s discretion.

When snow conditions exist on the ground at a depth of 1” or greater, the Contractor. agrees to clear a route along Lisa Maloff Way (formerly Airport Road) to allow for entry and exiting of vehicles and at minimum of fifteen (15) vehicle spaces at the public airport parking lot by 6:30 a.m. to allow the opening of City/Airport/Tenant offices at 7:00 am daily. Additional vehicle parking spaces can be cleared after the initial 15 spaces are available at 6:30 a.m.

Contractor agrees to adhere to the Lake Tahoe Airport Winter Operations Plan provided (Exhibit A). Contractor agrees to provide required equipment in all vehicles used on the airfield to include the following:
• Aviation Radio & Headset
• Snow Tires without chains
Contractor is also required to complete airfield movement area training with the airport 42 C-180-2023
Responsibilities

1. Clear snow from the surface of Lisa Maloff Way and ensure snow berms created from U.S.

Hwy 50 (Caltrans) snow removal operations are removed allowing access into and out from the airport. Clear snow starting at the terminal frontage curbs, steps from the parking lot to the building, and sidewalk in front of the terminal building.

2. Clear fifteen vehicle parking spots along the Eastern row of the public airport parking lot during any storm daily before 6:30 am Pacific Time (Frequency storm to storm when snow accumulation reaches depth of 3” or more. May require more than one visit by Contractor in one day if conditions warrant).

3. Clear the remaining vehicle parking spaces in the public parking lot by pushing snow West towards U.S. Highway 50. Clean up snow on Airport Road providing for two lanes at the entry and exit and the single lane road access to the city owned hangars and the other single lane road access to Gate V1. (Frequency storm to storm when snow accumulation reaches depth of 3” or more. May require more than one visit by the Contractor in one day if conditions warrant)

4. Contractor will clear in between hangar buildings pushing snow east and piling the snow as far East along Taxi Lane Delta. Snow will be piled on Taxi Lane Delta. Contractor is required to remove snow leaving no berms over two feet.

5. Contractor will clear snow on the General Aviation Ramp, Cal Star Ramp, Taxiways Alpha, Bravo, Echo, Foxtrot, and fuel farm road every snowstorm of one inch (1”) or more. Also ensuring no berms to exceed two feet high on the movement area.

6. Contractor will be on-call for snow removal on runway 18/36 as needed at the airport managers discretion, which will be at the hourly rate.

8. Contractor agrees to store equipment at the airport in hangar E-8 or if needed two hangars at the airports price, plus $100 in utility costs per month. 43 C-180-2023
The Contractor agrees to clear hangar rows in a timely manner post-storm event or upon request by the airport.

The Contractor is not responsible for the following snow removal activities at the Airport under this contract:

A. Sanding of roadway, parking lot or any paved areas,
B. Clearing of snow from sidewalks and pedestrian areas, C. Clearing of snow from areas not specified in this contract unless directed by the Airport Manager through on-call services specified in this RFP, D. Placing any snow melt chemicals on any surfaces at the airport, At no time and under no circumstances will Snow Removal Contractor equipment or personnel access Runway 18/36 without the expressed permission of the airport manager. The Contractor acknowledges that aircraft, rotorcraft, and emergency vehicles always have the right of way.

Park and Recreation Facilities
The Parks and Recreation Facilities include the public driving lanes and surface parking and access area for the following facilities: Ice Arena, Recreation Center, Senior Center, Museum/Ambulance Area along US 50, Harrison Parking Lots – 3 locations)., Bijou Park, and Community Playfield Parking Lot as shown on the map below. 44 C-180-2023
Public Works and Development Services Parking Lots
and City Sidewalks
The Contract will include snow removal at 1740 D Street (Public Works Department) and 1052 Tata Lane (Development Services) Parking Lots. Parking Lots must be plowed starting 6 AM with a 3” snow accumulation.

The sidewalks are typically 4-8 feet wide and must be plowed with walk-behind blowers or other mechanical equipment. The base contract will include 6.7 miles of City Maintained Sidewalks, see map below. The Contractor shall submit bids for an additive sidewalk maintenance for 20.0 miles which are shown in non-maintained map of sidewalks shown below. The additive item is subject to future City Council direction. 45 C-180-2023 46
C-180-2023
No Show
Failure to provide mechanical snow removal operations after snow accumulations on airside airport property reaches one inch (1”) or greater in accumulated snow depth and three inches (3”) on landside airport and other City properties will result in a $3000.00 deduction per occurrence from the contract price. City Officials will contact the snow removal contractor if City Fire, Police, Airport or Public Works management observes that a response has not yet been initiated by the snow removal contractor. Failure to respond within a three-hour period after telephone notification from City officials is considered a “no-show” and will be subject to the $3,000 deduction in payment. City Officials will only call the snow removal contractor in the event that 3 inches or more snow is observed on the ground at one of the city facilities identified in this RFP. No show provisions do not apply to on demand call outs made for snow removal services based on City need. These will be coordinated as needed between the Contractor and the City.
47 C-180-2023
TOTAL $385,390.00

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Site Location Bid Amount
Airport Property 1901 Lis Maloff Way $125,000.00
Police Station 1352 Johnson Blvd. $9,500.00
Fire Station 1 1252 Ski Run Blvd. $6,100.00
Fire Station 2 2951 Lake Tahoe Blvd. $6,100.00
Fire Station 3 2101 Lake Tahoe Blvd. $6,100.00
Fire Training Center 1195 Rufus Allen Blvd. $3,600.00
Harrison Avenue Parking Lots 3 locations along Harrison Ave $15,750.00 Ice Arena, Rec Center,
Museum, Ambulance, Senior Center
1176 and 1180 Rufus Allen;
3050, 3058, and 3066 Lake Tahoe Blvd $31,000.00
Bijou Park 1201 Al Tahoe Blvd. $17,750.00
Community Playfields Parking Lot 1300 Al Tahoe Blvd. $7,875.00 Public Works Department 1740 D Street $8,275.00
Development Services Department 1052 Tata Lane $7,340.00 City Maintained Walkways City Maintained Sidewalks (6.7 Miles) $42,000.00 Optional other City Sidewalks Optional other City Sidewalks (22.6 Miles) $126,000.00 Optional On-Call Services Optional On-Call Services per hr/Max $15,000 ($240/hr) $15,000.00 Total (Not to Exceed): $385,390.00

TIMELINE
Contract begins at 12:01am on November 1, 2023, and ends on 11:59pm on April 30th, 2023.

Snow response requirements are provided in Exhibit A: Scope of Services. 48 C-180-2023

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:

Phillip Trella Sep 23, 2023
By: Phillip Trella (Sep 23, 2023 09:55 PDT)
Phil Trella, Owner
Date:
49 C-180-2023

EXHIBIT D
Prevailing Wages Required. Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, Consultant, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Consultant must comply with all applicable requirements of the California Labor Code, including, without limitation, all requirements set forth in Division 2, Part 7, Chapter 1. Attention is specifically directed to the following sections of the California Labor Code: Prevailing Wage Requirements (§§ 1771.5 and 1776); Apprentices (§1777.5); Working Hours (§§ 1810 to 1815); Workers’ Compensation (§ 1860); and Protection of Workers in Trench Excavations (§§ 6705 and 6707). In accordance with Labor Code section 1771.5, that the Project is subject to monitoring and enforcement by the Department of Industrial Relations pursuant to 8 Cal. Code Reg. §§16450 through 16464, including the obligation to furnish certified payroll records directly to the Division of Labor Standards Enforcement’s Compliance Monitoring Unit (CMU), using the CMU’s electronic certified payroll reporting (eCPR) system.

Pursuant to the provisions of California Labor Code Section 1773.2, Consultant is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file in the City's office. Consultant agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

Pursuant to the provisions of California Labor Code Section 1813, Consultant or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the respective Consultant or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract and shall report them to the Division of Labor Standards Enforcement.
50 C-180-2023

EXHIBIT E
Certificate of Insurance
51 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD C-180-2023

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
08/21/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT Elizabeth Fenley NAME:

A to Z Insurance Services, LLC PHONE (530) 541-5300 (A/C, No, Ext): FAX (A/C, No):

PO Box 1190 E-MAIL [email protected] ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
Zephyr Cove NV 89448 INSURER A : Northfield Insurance Company 27987 INSURED INSURER B :

Trella Tahoe Inc INSURER C : State Compensation Insurance Fund 35076 930 Mule Deer Cir INSURER D :

INSURER E :

South Lake Tahoe CA 96150 INSURER F :

COVERAGES CERTIFICATE NUMBER: 23 Master REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL

INSD SUBRWVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A

COMMERCIAL GENERAL LIABILITY
Y WS493708 01/24/2023 01/24/2024
EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000

POLICY PRO- JECT LOC
OTHER:

PRODUCTS - COMP/OP AGG $ 2,000,000
$
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE (Per accident) $
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A 9282725 08/25/2023 08/25/2024
PER

STATUTE OTH- ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of South Lake Tahoe is listed as additional insured with respect to work performed.

CERTIFICATE HOLDER CANCELLATION
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe CA 96150

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
52 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/22/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER
Progressive Insurance
PO Box 94739, Cleveland, OH 44101

CONTACT
NAME: Progressive Commercial Lines Customer and Agent Servicing PHONE
(A/C, No, Ext): 1-800-444-4487 FAX
(A/C, No): E-MAIL [email protected] ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Progressive Express Ins 10193

INSURED

TRELLA TAHOE INC
930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 975357476049940586D082223T183416 REVISION NUMBER:

INSR

LTR TYPE OF INSURANCE ADDLINSD
SUBR

WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PROPOLICY JECT LOC
OTHER:

PRODUCTS - COMP/OP AGG $
$
A

AUTOMOBILE LIABILITY
N N 004149650 02/23/2023 08/23/2023
COMBINED SINGLE LIMIT (Ea accident) $2,000,000
ANY AUTO BODILY INJURY (Per person) $
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

X SCHEDULED
AUTOS

NON-OWNED AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE (Per accident) $
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A

PER STATUTE OTH- ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TRELLA TAHOE INC ACCORDANCE WITH THE POLICY PROVISIONS. 930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATCIO-1N

8.0Al2l0ri2
gh
3ts reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 53 AGENCY CUSTOMER ID:

LOC #:

ADDITIONAL REMARKS SCHEDULE Page 1 of 1

AGENCY NAMED INSURED
Progressive Insurance TRELLA TAHOE INC
930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150 POLICY NUMBER
004149650

CARRIER NAIC CODE
Progressive Express Ins 10193 EFFECTIVE DATE: 02/23/2023

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages
…I n…s u…r a…nc…e…c o…v…er a…g…e (…s ) …………………………………L…i m…i t…s …………………………………………………………………………………………………………… Uninsured/Underinsured Motorist $15,000/$30,000 Liability coverage may not apply to all scheduled vehicles.

The ACORD name and logo are registered marks of ACORD 54 Created: 2023-09-14
By:

Status:

Transaction ID:
jo Mcdonough ([email protected])
Signed
CBJCHBCAABAANMVcS2HHkxGds3E544qsm1vVPpvKhnoL
C-180-2023 Trella Tahoe
Final Audit Report 2023-09-23
"C-180-2023 Trella Tahoe" History
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2023-09-15 - 11:11:07 PM GMT- IP address: 174.236.227.92 Signer [email protected] entered name at signing as Cody Bass 2023-09-15 - 11:11:28 PM GMT- IP address: 174.236.227.92 Document e-signed by Cody Bass ([email protected])
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56 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:5
Agenda Item: Amendment of 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 Amendment to the Agreement with Building Services of CA and NV, LLC for Custodial Services at City Hall/Airport and Bellamy Parking Garage. This amendment to the custodial contract will extend the agreement for one year provide the necessary routine cleaning and maintenance needed year-round. The total amount of this contract will not exceed $107,168.00 for year two, to be adjusted annually by the Consumer Price Index. This amendment is for a one-year term with three possible one-year extensions remaining.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Amendment to Custodial Services Agreement with Building Services of CA and NV, LLC (dba Sunwest), to extend the Agreement for one year for an amount not to exceed $107,168.00, 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 Sunwest
02-Amendment to SunWest PSA.pdf
03- C-224-2023 Custodial Services Agreement for Bellamy Garage and City Hall 57 Council Agenda Report September 10 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 10, 2024
Title: Amendment to 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 25th, 2023, for custodial services from 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 includes cleaning, disinfecting, and removing the entry/exit snow from 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 awarded Building Services CA and NV LLC the contract in 2023 with four possible one-year extensions. The contract is up on September 30th, 2024, and needs to be amended to extend the term for one year for FY 24-25. This contract has a CPI annual increase at 3.2%, with the total contract values as follows:
 City Hall/Airport Custodial Services: $45,072.00
 Bellamy Parking Garage Custodial Services: $52,764.00  Snow Removal at Bellamy Parking Garage: $4,332.00.
 Contingency: $5,000.00
Financial Implications: The Custodial Contract with Building Services CA and NV LLC will be funded through the Airport Custodial account 501-05120-43023 with an available FY 2024/2025 budget of $50,000 and Parking Garage Operations Contract Services account 520-05320-42025 with an available FY 2024/2025 budget of $100,000. This contract will not exceed $107,168.00 for the new fiscal 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. 58 CITY OF SOUTH LAKE TAHOE

AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
This Amendment to the Professional Services Agreement between the City of South Lake Tahoe, a municipal corporation ("City"), and Building Services of CA & NV LLV dba Sunwest ("Consultant") is entered into and effective as of the 1st day of October 2024, extending and amending the Professional Services Agreement ("Agreement") dated October 17, 2023.

RECITALS
A. On October 17, 2023, the City entered into the Agreement with Consultant to provide custodial services at the Lake Tahoe Airport and Bellamy Parking Garage.

B. The Parties now desire to alter the Agreement's Term and Compensation to extend the Agreement for one year.

AGREEMENT
Section 2 of the Agreement is hereby amended such that the Term is extended for one year to end on September 30, 2025.

Section 3 and Exhibit B of the Agreement is hereby amended such that the Compensation for FY24-25, beginning on October 1, 2024, is set an amount not to exceed $102,168.00, as set forth on the amended Exhibit B attached hereto.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Alfonso Juarez

Business License # 309976

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:
59 August 20th, 2024
Alfonso Juarez
2560 Fieldcrest Dr.

South Lake Tahoe, CA 96150
Re: Professional Services Agreement: Custodial Services Dear Mr. Juarez,
Please be advised, the 2024-2025 Professional Services Agreement forsnow removal has been updated to include the annual CPI increase. The CPI, All Urban, San Francisco-Oakland-HaywardCA was used as the basis for calculating the adjustment.

The table provided below outlines the calculation and CPI-U index table in the interest of transparency.

Annual CPI for the period ending June 2024 351.064
Less CPI for previous period ending June 2023 340.056
Equals index point change 11.008
Divided by previous 12-month reporting period 340.056
Equals 0.0323
Result multiplied by 100 3.2
Equals percent change= 3.2% increase
(rounded three spaces per contract)
If you have any questions or concerns, please do not hesitate to contact the Airport Manager.

Sincerely,
John Dickinson
John Dickinson, C.M.

Airport Manager
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
60 EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Description Bid
Proposal

3.2% Annual CPI
Increase
Airport/City Hall
1901 Lisa Maloff Way
$3,640.00/month $3,756.00month
City Parking Garage Janitorial
1 Bellamy Court
$4,260.50/month $4,397.00/month
City Parking Garage Snow Removal
1 Bellamy Court
$350/month $361/month
Hourly Rate for Optional Services $35.00/hr $35.00/hr
• TOTAL ESTIMATED ANNUAL FEES (NOT

TO EXCEED)
$99,006.00 $102,168.00
Costfor Years2 to 5will be escalated by CPI each year, including optional hourly rates and therefore, no additional compensation will be allowed. The undersigned has carefully checked all the above figures andunderstandsthattheCityCouncilandtheCityof South LakeTahoe willnotberesponsible for any errors or omissions on the part of the undersigned in making this proposal.

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 1st, 2024, through September 30, 2025 Notes: Billing to be invoiced Monthly on the 1st of the month starting the 1st of November 2024
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. Thisincludesincreasing 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. 61 62

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

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.

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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.

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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.

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

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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.

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.

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 C-224-2023 68
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.

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Carson City, NV 89701
Email: [email protected]

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.

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.

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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:

C-224-2023 71
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.

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.

C-224-2023 72

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

C-224-2023 73
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:

Heather Stroud, City Attorney Date
ATTEST:

By:

Susan Blankenship, 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
C-224-2023
309976
Sue Blankenship ( Nov 15, 2023 14: 35 PST)
Nov 15, 2023
Heather Stroud ( Nov 15, 2023 14:45 PST)
Nov 15, 2023
Cristi Creegan ( Nov 15, 2023 15:28 PST)
Cristi Creegan
Nov 15, 2023
Alfonso Juarez ( Nov 20, 2023 13: 42 PST)
Alfonso Juarez
Nov 20, 2023
74 EXHIBIT A

SCOPE OF SERVICES
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C-224-2023 76
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C-224-2023 78
C-224-2023 79

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
C-224-2023 80

EXHIBIT C

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

The undersigned certifies, to the best of his or her knowledge or belief, that:

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
C-224-2023
Alfonso Juarez ( Nov 20, 2023 13: 42 PST)
Alfonso Juarez
Nov 20, 2023
81 EXHIBIT D

CUSTODIAL SERVICES
FOR

LAKE TAHOE AIRPORT TERMINAL/ CITY HALL
AND

BELLAMY GARAGE

CLEANING SCHEDULE
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EXHIBIT E
Location of Areas that Require Custodial Services under this Contract C-224-2023 85

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
C-224-2023 86

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 C-224-2023 87
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 offer shall 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.

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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.

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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.

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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 C-224-2023 91
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.

C-224-2023 92
C-224-2023 93
C-224-2023 94
C-224-2023 95

EXHIBIT I

COPY OF INSURANCE
C-224-2023 96
C-224-2023 97
9/ 25/ 2023
California Southwestern Insurance Agency
License Number 0443354
25 Orchard, Suite 100
Lake Forest CA 92630
Veronica Vazquez, CISR
949) 472- 6560 ( 949) 588- 8348
vvazquez@csia- ins. com
Building Services of CA and NV, LLC
DBA Sun West
P. O. Box 9027
South Lake Tahoe CA 96158
Scottsdale Insurance Company 41297
Ohio Security Insurance
Evanston Insurance Company 35378
GL, AUTO & EXCESS 23- 24
A
X
X
X
CPS7725394 1/ 30/ 2023 1/ 30/ 2024
1, 000, 000
100, 000
5, 000
1, 000, 000
2, 000, 000
2, 000, 000
B
X
X
X
BAS57787557 1/ 30/ 2023 1/ 30/ 2024
1, 000, 000
C X
X
X 10, 000 EZXS3103745 1/ 30/ 2023 1/ 30/ 2024
4, 000, 000
4, 000, 000
City of South Lake Tahoe it' s officers, directors and employees are included as additional insured where required by written contract per the attached endorsement CG 20 38 12 19 with respects to general liability only. Primary & Non- Contributory Wording and Waiver of Subrogation are in favor of the additional insured where required by written contract per the attached endorsements CG 20 01 12 19 and CG 24 04 12 19 with respects to general liability only.

City of South Lake Tahoe
1901 Airport Rd
South Lake Tahoe, CA 96150
V Vazquez, CISR/ VAV
The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
1988- 2014 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2014/ 01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
POLICY LOCJECTPROGEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

COMMERCIAL GENERAL LIABILITY
PREMISES ( Ea occurrence)$

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $

RETENTIONDED

CLAIMS-MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(

MM/DD/YYYY)

POLICY EXP(

MM/DD/YYYY) LIMITS
PERSTATUTE OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe underDESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS
OWNEDAUTOSAUTOS NONAUTOS

COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $

INSD
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE(
A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
A/C, No):

CONTACTNAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER( S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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CPS7725394

ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF

RECOVERY PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS

UNITED STATES
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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.

C-224-2023 103
C-224-2023 Custodial Services Agreement for
Bellamy Garage and City Hall
Final Audit Report 2023- 11-20
Created: 2023- 11-15
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAkptLcWq4xIPmCAkqEugVrwexn7oAunhi C-224-2023 Custodial Services Agreement for Bellamy Garage and City Hall" History
Document created by Michelle Davis ([email protected]) 2023- 11- 15 - 10:32:04 PM GMT
Document emailed to Sue Blankenship ([email protected]) for signature 2023- 11- 15 - 10:34:02 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 11- 15 - 10:35:10 PM GMT
Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 11-15 - 10:35:23 PM GMT - Time Source: server Document emailed to Heather Stroud ([email protected]) for signature 2023- 11- 15 - 10:35:25 PM GMT
Email viewed by Heather Stroud ([email protected])
2023- 11- 15 - 10:37:08 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2023- 11-15 - 10:45:48 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023- 11- 15 - 10:45:50 PM GMT
Email viewed by ccreegan@cityofslt. us
2023- 11- 15 - 11:28:14 PM GMT
Signer [email protected] entered name at signing as Cristi Creegan 2023- 11- 15 - 11:28:28 PM GMT
104
Document e-signed by Cristi Creegan ( ccreegan@cityofslt. us) Signature Date: 2023- 11-15 - 11:28:30 PM GMT - Time Source: server Document emailed to Alfonso Juarez ([email protected]) for signature 2023- 11- 15 - 11:28:32 PM GMT
Email viewed by Alfonso Juarez ([email protected]) 2023- 11- 15 - 11:32:47 PM GMT
Document e-signed by Alfonso Juarez ([email protected]) Signature Date: 2023- 11-20 - 9:42:50 PM GMT - Time Source: server Agreement completed.
2023- 11- 20 - 9:42:50 PM GMT
105
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:6
Agenda Item: Side Letter to South Lake Tahoe Police Officers' Association Memorandum of Understanding Regarding Sick Leave
Executive Summary: Section 4.4 of the South Lake Tahoe's Police Officers Association (SLTPOA) MOU requires the City to hold discussions with the SLTPOA about sick leave and the sick leave accrual cap. The City of South Lake Tahoe and the South Lake Tahoe Police Officers' Association have met and conferred in good faith and have reached a tentative agreement. The agreement allows for an increase in sick leave accrual from 520 to 1000 hours. Additionally, employees have the option to either convert 100% of the accrued leave to CalPERS service credit upon retirement or to contribute 520 hours into a 401a Retirement Account or Post Employment Health Reimbursement Arrangement (PHRA) and forfeit the rest. This agreement is cost-neutral for the City.

Requested Action / Suggested Motions: Pass Resolution approving a Side Letter with the Police Officers' Association (SLTPOA) to increase sick leave accrual limits to one-thousand (1000) hours and allow conversion of sick leave upon retirement to CalPERS service credit.

Responsible Staff Member: Ember Buckman, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
03 - Sick Leave Side Letter (Exh. A to Reso).pdf
01-Staff Report SLTPOA Sick Leave Side Letter.docx
02-Resolution POA Sick Leave Side Letter.docx
106
Council Agenda Report September 10, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 10, 2024
Title: South Lake Tahoe Police Officers’ Association (SLTPOA) Sick Leave Side Letter Location: Citywide
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager Background: During the 2020-2021 contract negotiations with the Police Officers’ Association (SLTPOA), the City of South Lake Tahoe committed to conducting a valuation aimed at evaluating the potential cost of converting sick leave to CalPERS service credit and the consideration of removing the sick leave accrual cap. It was further agreed that the City would meet and confer with the SLTPOA upon completion of the valuation, as stipulated in section 4.4 (Sick Leave Reopener) of the 2021-2023 SLTPOA MOU.

The City employed services of Foster & Foster Actuaries and Consultants firm (formerly Bartel Associates) in 2021 and 2022 to conduct actuarial study of impact of conversion of sick leave to CalPERS service credit. Staff additionally verified calculations internally and confirmed that the proposed modifications to the agreement are fiscally neutral for the City.

Following the completion of the valuation, the SLTPOA approached the City in December 2023 to exercise their right to the meet and confer process regarding Section 4.4 of the SLTPOA MOU.

Subsequently, both parties acknowledged a good-faith meeting and conferred, resulting in a tentative agreement. The proposed agreement entails an expansion of sick leave accrual from 520 to 1000 hours. Additionally, it offers the option to convert 100% of the accrued sick leave to CalPERS service credit upon retirement or to allocate 520 hours to a 401a Retirement Account or Post-Employment Health Reimbursement Arrangement, with the forfeiture of the remaining balance.

Issue and Discussion: Action is being requested by the City Council to adopt a resolution approving the SPLTPOA Sick Leave Side Letter.

To complete this process successfully, the terms and conditions proposed herein must be ratified at a public meeting.

Financial Implications: Approving the sick leave side letter of the SLTPOA will not incur additional costs for the city. The changes to the agreement are fiscally neutral and will yield cost savings for the City in the future.

Environmental Considerations: This action is not a “project” requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).
107
Council Agenda Report September 10, 2024 Page 2 of 2
Policy Implications: This action is in line with the requirements set forth in the MeyersMilias-Brown Act. 108
Resolution 2024-XXX September 10, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
September 10, 2024
Approving Sick Leave Side Letter with the South Lake Tahoe Police Officer’s Association (SLTPOA)

BACKGROUND
A. During the 2020-2021 contract negotiations with the Police Officers’ Association (SLTPOA), the City of South Lake Tahoe committed to conducting a valuation to evaluate the potential cost of converting sick leave to CalPERS service credit and to consider the removal of the sick leave accrual cap. It was also agreed that the City would meet and confer with the SLTPOA upon completion of the valuation, as stipulated in section 4.4 (Sick Leave Reopener) of the 2021-2023 SLTPOA Memorandum of Understanding (MOU).

B. After the completion of the valuation, in accordance with the provisions of the MeyersMilias-Brown Act (MMBA) of the California Government Code, the City has met and conferred in good faith with representatives of the SLTPOA C. The agreement entails an expansion of sick leave accrual from 520 to 1000 hours.

Additionally, it offers the option to convert 100% of the accrued sick leave to CalPERS service credit upon retirement or to allocate 520 hours to a 401a Retirement Account or Post-Employment Health Reimbursement Arrangement (PHRA), with the forfeiture of the remaining balance.

D. The agreement is fiscally neutral for the City.

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 the Sick Leave Side Letter between the City and the South Lake Tahoe Police Officer’s Association (SLTPOA), (attached hereto as Exhibit “A”); and

2. Directs the City Manager to take all steps that are proper and necessary to implement this action.

Adopted by the City of South Lake Tahoe City Council on September 10, 2024, by the following vote:

Yes:

No:

Absent:
109
Resolution 2024-XXX September 10, 2024 Page 2 of 2
Abstain:
___________________________ Date:___________
Cody Bass, 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.
110
111
112
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:7
Agenda Item: Acceptance of FAA Grant and Award of Contract for Airport Pavement Maintenance to Q & D Construction, LLC
Executive Summary: Lake Tahoe Airport is looking to extend the life of the current pavement through a pavement maintenance grant and local funding. This project will consist of crack seal, seal coat, and paint to help continue the life of the pavement until replacement. The Airport would like to award $899,200.00 to Q and D for this project with a 5% Contingency. The Federal Aviation Administration (FAA), which includes Airport Improvement Program (AIP) money and Infrastructure (BIL) reimbursable amount will be $704,500.00, with the state matching up to 4.5 percent of the AIP money, which will be $9,900.00. Finally, the Airport's total amount out of pocket with contingency will be $426,400.00, which $288,000.00 will be reimbursed after award of future BIL money.

Requested Action / Suggested Motions: (1) Pass a Resolution authorizing the Airport Manager to accept FAA Grants, appropriating Airport Enterprise Funds in the amount not to exceed $426,400.00 for airport pavement maintenance; and (2) Pass a Motion authorizing and directing the Mayor to execute an agreement with Q & D Construction, LLC for Airport Pavement Rehab for $856,300.00, plus a 5% Contingency, in the amount of $42,900.00, with total not-to-exceed amount of $899,200.00.

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:
02- Resolution Pavement Project
03- 2024 TVL AIP Pavement Maintenance Project Q&D Construction Contract Agreement 04- TVL AIP 050 Bid Tab Package.pdf
01- Staff Report Pavement Rehab
113
Council Agenda Report September 10 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 10 2024
Title: Acceptance of FAA Grant and Award of Contract for Airport Pavement Maintenance to Q & D Construction, LLC
Location: Airport, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 Responsible Staff Member: John Dickinson, Airport Manager Background: The existing pavements throughout the airport are inclusive of Runway 18/36, parallel taxiway and adjoining taxiway connectors, and general aviation aprons. Each of these airfield pavements was initially constructed in the 1950s. The parallel taxiway, Taxiway A, was initially constructed in 1958, and the last major rehabilitation (overlay) was completed in 1990. The general aviation apron was initially constructed in 1958 and 1974. The apron north of the terminal building was reconstructed in phases from 2010 to 2021. The Pavement Condition Indices (PCIs) for Taxiway A and adjoining taxiway connectors is estimated at 54 (poor), and the PCI for the general aviation apron ranges from 54 to 85 (poor to satisfactory). The current airfield pavements are showing distresses such as alligator cracking, longitudinal cracking, transverse cracking, and joint cracking.

Since the reconstruction of Taxiway A and adjoining taxiway connectors is not scheduled for construction until 2030, a pavement maintenance project is recommended to extend the useful life of the airfield pavement sections.

This project will consist of constructing asphalt pavement maintenance activities on parallel Taxiway A, connector taxiways, and the general aviation apron. The proposed maintenance for these asphalt pavement areas includes, but is not limited to, the filling of cracks greater than ¼” in width with crack sealant, most of which are existing and need to be resealed, application of asphalt-based surface treatment, and application of pavement markings. The proposed periodic maintenance will mitigate pavement cracking, provide a surface treatment resistant to UV rays, water, and oxidation, and extend the existing airfield pavement's useful life. The pavement maintenance project was designed by Consultant Woolpert and will be constructed in accordance with current requirements, regulations, rules, policies, grant assurances, and Advisory Circulars (ACs).

Issue and Discussion: The pavement rehab project was advertised on Planet bids on March 20, 2024 after City Council approval to apply for the grants was given on January 9, 2024 by unanimous decision 5-0. The City received Three (3) bids. Bids were opened and publicly read on April 9, 2024 and the lowest responsive and responsible bidder was Q&D Construction, Inc. for $802,400.00 for Base Bid and $137,600.00 for Add Alternate Bid Items. Several areas of the apron and taxiway pavement were removed due to FAA funding.

Upon execution of FAA grant awards, the Lake Tahoe Airport recommends awarding the Construction Contract to Q&D Construction, Inc. for the base bid and bid alternates and accept the federal and 114
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state grant applications for a total contract amount of $856,300.00, plus 5% contingency $42,900.00 for a total amount of $899,200.00.

The Federal Aviation Administration, under Title 49 § 47171, et seq., allows general aviation airports to appropriate 90% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute a 10% match from a combination of state or local sources. The California Transportation Commission, pursuant to the Public Utilities Code section 21683.1, provides 4.5% of Federal Aviation Administration grants to airports as matching funds, certifying local funding availability of 5.5% of total project costs.

The Airport Manager recommends accepting a grant application from the FAA for $196,900.00 of Non-primary Entitlement of FY 2023/2024 AIP funding, $229,500 of AIG funds (BIL allocation) for FY 2022-2024 and accepting $288,000.00 of AIG funds (BIL allocation) for FY 2025-2026 when available.

Staff also plans to submit and accept a matching grant application to CALTRANS for the update of the Lake Tahoe Airport Pavement Maintenance in the amount of $9,900 (4.5%). The application for federal and state grants has already been approved by the council, as well as the authorization to contract with the Consultant Woolpert for design, bidding, and construction management.

Staff Recommendation:

Pass a Resolution approving and authorizing the Airport Manager to accept all FAA grants (AIP and BIL) for the construction of pavement maintenance project. Also, allow the Airport Manager to accept the Caltrans grant for the same project and award the construction contract to Q&D Construction, Inc. upon execution of all grant funding and budget appropriation.

Financial Implications: This project has been approved by the FAA and is looking for acceptance of award and for authorization of the Finance Director to appropriate the budget in account# 50180050 as follows:
2022-2026 AIP Grants: Lake Tahoe Airport Pavement Maintenance Project cost: $899,200.00 and $192,000.00 Jviation (budgeted already)
-FAA AIP and BIL=426,400.00
-State= $9,900.00
-Cash Balance Airport= 462,900.00
The Airport will be reimbursed $288,000.00 in future BIL money 25FY,26FY.

Total Airport cost after reimbursement of all monies is $330,900.00 The entire project will be funded by federal, state and Airport Enterprise funds.

Environmental Considerations: 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). 115
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Policy Implications: This pavement maintenance project will extend the useful life of the airfield pavements until the next rehabilitation and reconstruction project in 5-7 years. 116
Resolution 2024-XXX September 10, 2024 Page 1 of 3
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
September 10, 2024
Authorizing the Airport Manager to Accept FY 2024 Federal Aviation Administration Airport Improvement Program (AIP) Grant (3-06-0249-0XX-2024) in the amount of $218,800, upon award accept FY 2024 Caltrans AIP Matching Grant for Lake Tahoe Airport in the amount of $9,900, and FY 2023/2024 Federal Aviation Administration Bipartisan Infrastructure Law (BIL) Grant in the amount of $255,000 and Award Construction Contract

BACKGROUND
A. The Airport Manager is requesting to accept a 2024 AIP grant in the amount of $218,800 to fund the Pavement Maintenance Project with the FAA. This project will be funded 90% from the FAA ($196,900) and 4.5 % from Caltrans ($9,900), which will leave the City’s contributions at 5.5% ($12,100).

B. The Airport Manager is requesting to accept the 2023/2024 BIL grant in the amount of $255,000 to fund the Pavement Maintenance Project with the FAA. This project will be funded 90% from the FAA ($229,500), which will leave the City’s contributions at 10.0% ($25,500).

C. The Airport Manager is requesting to accept the 2025/2026 BIL grant in the amount of $320,000 to fund the Pavement Maintenance Project with the FAA. This project will be funded 90% from the FAA ($288,000), which will leave the City’s contributions at 10.0% ($32,000).

D. The Airport Manager requests authority to submit a California Department of Transportation Airport Improvement Program Matching Grant application in the amount of $9,900, execute a grant agreement with the California Department of Transportation Aeronautics Division, accept the allocation of grant funds, and certify the availability of the City’s 5.5% share of total AIP project cost matching funds.

E. The California Transportation Commission has adopted the 2024 Aeronautics Program for airport improvement projects and the Federal Aviation Administration San Francisco Airports District Office has accepted the 2024 Lake Tahoe Airport Capital Improvement Program.

F. The California Department of Transportation, pursuant to the Public Utilities Code and California Aid to Airports Program (CAAP) regulations, requires local government approval authorizing the application and certifying the availability of 5.5% total AIP project matching funds and 10.0% total BIL project matching funds, a sum from other than state or federal sources.

G. The Federal Aviation Administration under Title 49 § 47171, et seq. allows for general aviation airports to appropriate a 90% Federal share for Airport Improvement Program and 117
Resolution 2024-XXX September 10, 2024 Page 2 of 3
Bipartisan Infrastructure Law grants and requires the airport sponsor to contribute 10% match from a combination of state or local sources.

H. The Airport Manager recommends that the City of South Lake Tahoe, California submit an application for South Lake Tahoe Airport Pavement Maintenance Project, which is included in the 2024 Caltrans Aeronautics Program and 2024 FAA Airport Capital Improvement Plan at the Lake Tahoe Airport.

I. The pavement rehab project was advertised on Planet bids on March 20, 2024. The city received Three (3) bids. Bids were opened and publicly read on April 9, 2024 and the lowest responsive and responsible bidder was Q&D Construction, Inc. for $802,400.00 for Base Bid and $137,600.00 for Add Alternate Bid Items. Several areas of the apron and taxiway pavement were removed from the project since bid due to the availability of FAA funding. Upon execution of grant awards, the Lake Tahoe Airport recommends award the Construction Contract to Q&D Construction, Inc. for the base bid and bid alternates and accept the federal and state grant applications for a total contract amount of $856,300.00, plus 5% contingency in the amount of $42,900.00, for a total of $899,200.00.

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

1. Authorizes the Airport Manager to accept the allocation of Airport Improvement Plan and Bipartisan Infrastructure Law funds for the Project at the Lake Tahoe Airport not to exceed $426,400.00.

2. Authorizes the Airport Manager to accept the allocation of State AIP Matching funds for the project in the amount of not to exceed $9,900.00 and Authorizes execution of an AIP Matching Grant Agreement for this project.

3. Authorizes the Airport Manager to sign any documents required to apply for and accept these subject funds on behalf of the City of South Lake Tahoe.

4. Authorizes the Finance Director to appropriate the budget in account 301 80035 as follows:
33112 FAA Revenue: $426,400
33214 State DOT Match: $9,900
Transfer in from Airport Cash Balance: $462,900
48030 Construction Expense: $899,200

5. City’s Match of 5.5% for AIP and Other Cost, not to exceed $462,900.00 will be fronted by the Airport Cash Balance until reimbursement from the FAA BIL Allocation of $288,000 in FY2025 and FY2026 is awarded.
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Resolution 2024-XXX September 10, 2024 Page 3 of 3
Adopted by the City of South Lake Tahoe City Council on September 10, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
_____________________________ Date:____________
Cody Bass, 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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CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

AGREEMENT
DOCUMENT 00500 - AGREEMENT
City Of South Lake Tahoe

DEPARTMENT OF PUBLIC WORKS

AGREEMENT
for
2024 TVL AIP PAVEMENT MAINTENANCE PROJECT
PWC NO. 50180050-BN1
CITY BID NO. AIRPORT03202024
FEDERAL AID PROJECT NO. 3-06-0249-050-2023
THIS AGREEMENT is made and entered into this ______ day of ___________, 20___, by and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and Q&D Construction LLC, herein designated as “Contractor.” WITNESSETH, that the City and the Contractor, in consideration of the mutual covenants hereafter set forth, agree as follows:

ARTICLE 1 — THE WORK
Contractor agrees to furnish all labor, tools, equipment, facilities, materials, transportation and services necessary to perform and complete, in a good and workmanlike manner, the 2024 TVL AIP PAVEMENT MAINTENANCE PROJECT, as required pursuant to the Contract Documents.

ARTICLE 2 — COMMENCEMENT AND COMPLETION
The Work to be performed under this Agreement shall commence at the time as specified in the Notice to Proceed, and the Contractor shall diligently undertake the performance of the obligations as set forth in the Contract Documents to achieve Final Completion of the Work (as defined at Section 9.9 Special Provisions) within 15 working days after the date commencement of the Work is authorized as set forth in the Notice to Proceed (the “Contract Time”). No grading or excavation or other land disturbance will be allowed between October 15th and May 1 st; all
Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the contract time as set forth in these Bid Documents. 120
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The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified herein, plus any extensions thereof allowed in accordance with the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City if the Work is not completed within the Contract Time. Accordingly, instead of requiring any such proof, and pursuant to the Contract Documents, the City and the Contractor agree that as liquidated damages (but not as a penalty), the Contractor shall pay the City the sum of $2,500.00 for each working day in Schedule I and II and the sum of $5,000.00 for each working day in Schedule III beyond that portion of the Contract Time for each schedule and phase as set forth in Document 01400 Section 80-08 within which the Bidder is required to achieve Final Completion as set forth in Document 00100, Article 1.04.A.1 and the Document 01400, Section 80-08.

In accordance with the Contract Documents, including, without limitation Document 00400.4.2 (“Bid Proposal”), the daily amount that Contractor may charge to the City for all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions) applicable to the first sixty (60) calendar days of Compensable Delay, if any, is one thousand dollars ($1,000.00), the amount set forth by Contractor in Document 00400.4.2 (“Bid Proposal”). This sum shall represent the exclusive and sole amount (i.e., payment in full for any and all direct and indirect delay costs) that Contractor, on behalf of itself and subcontractors and suppliers, of every tier, shall receive for any and all Compensable Delay(s) during the first sixty (60) calendar days of actual, Compensable Delay at the Project. Delay costs that may arise from Compensable Delay, if any, beyond the first sixty (60) calendar days of a Compensable Delay, if allowable, shall thereafter be governed by, and subject to, the applicable provisions of Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.

ARTICLE 3 — CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept, in current funds for the performance of the Work pursuant to the Contract Documents, the Contract Sum for the completion of the Work in accordance with the Contract Documents as follows:

Base Bid Schedule I (Federal): Taxiway A Pavement Maintenance Item
No.

Spec.

No. Description Unit of Measure
Est.

Qty Unit Cost ($) Total Cost ($)
1 C-105a Mobilization (10% Max) LS 1 39,356.25 39,356.25 2 P-605a Reseal Existing Crack
Seal LF 85,000 2.75 233,750.00
3 P-605b Routed Crack Seal LF 5,000 9.50 47,500.00
4 P-608a Asphalt Seal Coat
Without Sand SY 61,000 1.50 91,500.00
5 P-620b Permanent Pavement
Markings SF 20,500 1.65 33,825.00
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Base Bid Schedule II (Federal): General Aviation Apron Pavement Maintenance Item
No.

Spec.

No. Description Unit of Measure
Est.

Qty Unit Cost ($) Total Cost ($)
1 C-105a Mobilization (10% Max) LS 1 30,000.00 30,000.00 2 P-605a Reseal Existing Crack
Seal LF 30,000 2.50 75,000.00
3 P-605b Routed Crack Seal LF 2,500 9.50 23,750.00
4 P-608a Asphalt Seal Coat
Without Sand SY 35,000 1.50 52,500.00
5 P-620a Temporary Pavement
Markings SF 2,000 1.40 2,800.00
6 P-620b Permanent Pavement
Markings SF 4,000 1.40 5,600.00
7 P-620c Surface Preparation
(Obliteration) SF 705 16.75 11,808.75
Add Bid Alternate Schedule III (Non-Federal): Taxiways B, E, F, H, J, and K Pavement Maintenance
Item
No.

Spec.

No. Description Unit of Measure
Est.

Qty Unit Cost ($) Total Cost ($)
1 C-105a Mobilization (10% Max) LS 1 5,000.00 5,000.00
2 P-605a Reseal Existing Crack
Seal LF 20,000 2.50 50,000.00
3 P-605b Routed Crack Seal LF 5,000 9.50 47,500.00
4 P-608a Asphalt Seal Coat
Without Sand SY 19,500 1.50 29,250.00
5 P-620b Permanent Pavement
Markings SF 9,400 1.40 13,160.00
Add Bid Alternate Schedule IV (Non-Federal): Procurement of Lighted Runway Closure Marker
Item
No.

Spec.

No. Description Unit of Measure
Est.

Qty Unit Cost ($) Total Cost ($)
1 C-105b
Lighted Runway Closure
Marker (Purchase and
Transfer of Ownership to
Airport and Final Fuel)
EA 2 32,000.00 64,000.00

TOTAL BASE BID (SCHEDULES I AND II) AND ADDED BID ALTERNATES (SCHEDULES III AND IV) AND 5% CONTINGENCY CONTRACT SUM $ 899,200.00.

For the Total Contract Sum of EIGHT HUNDRED AND NINETY NINE THOUSAND, ONE HUNDRED AND FIFTEEN DOLLARS AND ZERO CENTS.

The above Total Contract Sum includes all allowances, if any, provided for in the Contract Documents.
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Compensation for Unit Price Items shall be based upon the unit prices stated in the above schedule multiplied by the actual quantities or units of work and materials performed or furnished.

Unit prices paid by the City may change depending on actual quantities or units of work completed in accordance with the Contract Documents.

ARTICLE 4 — PREVAILING WAGES
Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor, 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.

Attention is directed to the federal minimum wage rate requirements as predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rate determined by the Director of Industrial Relations for similar classifications of labor, the Contractor and Subcontractor(s) shall pay not less than the higher wage rate.

In compliance with Senate Bill 854 and the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.

Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor 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 Contract, are on file in the City's office. The Contractor 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.

ARTICLE 5 — CONTRACT DOCUMENTS
The Agreement includes and incorporates by reference the Contract Documents for the Project, which consists of the following documents:
(a) Notice to Bidders (Document 00100);
(b) Instructions to Bidders (Document 00200);
(c) Bid Proposal (Document 00400);
(d) Bidder's Bond (Document 00410);
(e) Designation of Subcontractors (Document 00420);
(f) Verification of Contractor and Subcontractor DIR Registration (00423) (g) Self-Performance Declaration (Document 00425);
(h) Debarment and Suspension Certifications (Document 00430); (i) Non-Collusion Declaration (Document 00432);
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(j) Worker's Compensation Certification (Document 00435); (k) Business and Professions Code Sections 7028.15 and 7031 Statement (Document 00440);
(l) Bidder's Statement of Financial Responsibility, Technical Ability and Experience (Document 00450);
(m) Equal Employment Opportunity Certification (Document 00460); (n) Non-Lobbying Certification (Document 00465);
(o) Disclosure of Lobbying Activities (Document 00466); (p) Construction Contract DBE Commitment (Document 00471); (q) DBE Information – Good Faith Efforts (Document 00475); (r) Buy American Certification (Document 00476)
(s) Certificate of Buy American Compliance-Manufactured Product (Document 00477)
(t) Buy American Waiver Request (Document 00478)
(u) Buy American Conformance Listing (Document 00479)
(v) Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions (Document 00490)
(w) Agreement (Document 00500);
(x) Payment Bond Form (Document 00610);
(y) Performance Bond Form (Document 00620);
(z) Sample Escrow Agreement for Security Deposits In Lieu of Retention (Document 00630);
(aa) Warranty/Guaranty Form (Document 00635);
(bb) Acknowledgment of City Code (Document 00640);
(cc) Bid Document Certification (Document 00650);
(dd) Special Provisions (which incorporate by reference, and, as specified, modify the Standard Specifications of the State of California, Department of Transportation, dated 2023; the Standard Plans of the State of California, Department of Transportation, dated 2023, and the South Lake Tahoe Public Improvement and Engineering Standards) (Document 00700);
(ee) Construction Progress Documentation (Document 01300); (ff) General Provisions (FAA) (Document 01400);
(gg) Special Provisions (Document 01500)
(hh) Construction Safety and Phasing Plan (CSPP) (Appendix A) (ii) Wage Rates (Appendix B)
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(jj) Technical Specifications (Appendix C)
(kk) Contract Drawings;
(ll) Addenda (numbers 1 to 6, inclusive); and
(mm) Permits from other agencies as required by law.

Exhibits to this Agreement are enumerated as follows:
• Accepted Contractor’s Bid attached hereto as Exhibit A; • Escrow Bid Document Certification attached hereto as Exhibit B; and • Insurance Certificates and Endorsements as Exhibit C. • Payment Bond & Performance Bond as Exhibit D.

ARTICLE 6 — WORKERS’ COMPENSATION
Contractor shall take out and maintain during the life of the Agreement, adequate and sufficient workers’ compensation insurance for all Contractor’s employees employed at the site of improvements, and, if any Work is sublet, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in Work under this contract at the site of the Project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance.

By its signature upon this Agreement, Contractor certifies that it has carefully reviewed and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of the labor Code. Contractor, as a condition precedent to the commencement of its Work pursuant to the Agreement, shall comply with such provisions.

ARTICLE 7 — INDEMNITY AND INSURANCE
To the fullest extent permitted by law, and in strict accordance with the Contract Documents, Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agents, the Architect/Engineer, the Project Manager and the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, and as otherwise set forth in Contract Documents, including, without limitation, Section 7-1.05A of the Standard Specifications, as modified by Section 7.11 of the Special Provisions. The obligations of defense and indemnity set forth in this Article, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant to the Contract Documents. The obligations arising from this Article shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity (including all duties to defend), which would otherwise exist as to a party, or person described elsewhere in the Contract Documents. 125
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Contractor shall maintain the insurance coverage described in Section 7-1.06 of the Standard Specifications, as modified by Section 7.12 of the Special Provisions, throughout the performance of the Agreement, including any maintenance, warranty and/or guaranty periods.

This Agreement shall not be operative until evidence of such insurance has been provided to, and approved by, the City as to form, amount, and carrier. Contractor shall not allow any subcontractor to commence Work at the Project until subcontractor provides evidence to Contractor and City that subcontractor has obtained insurance acceptable to the City.

ARTICLE 8 — NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the address listed below:

Notices required to be given to City: Notices required to be given to Contractor:

Airport Manager Q&D Construction LLC
Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100 P.O. BOX 10865, Reno, NV 89510 South Lake Tahoe, CA 96150-7004
Notices required to be given to any surety(ies):

ARTICLE 9 — MISCELLANEOUS

9.1 Terms. Terms used in this Agreement will have the meanings indicated in the Contract Documents.

9.2 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
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9.5 South Lake Tahoe City Code. Contractor acknowledges that all pertinent provisions within the South Lake Tahoe City Code are incorporated by reference as though set forth in full herein, and, further, the failure of Contractor or any subcontractor, of any tier, to comply with any of its/their obligations under the Contract Documents, or the requirements of the South Lake Tahoe City Code, or any other applicable law, code, statute, or regulation, shall be deemed a material breach of the Agreement.

9.6 Third Party Beneficiary. Contractor expressly acknowledges the City's status as a third party beneficiary solely with respect to the performance to be rendered under each subcontract, of any tier, upon the Project, and, as a result, Contractor acknowledges that City possesses, inter alia, the rights enumerated within the South Lake Tahoe City Code as to the enforcement of obligations under subcontracts of any tier.

9.7 Regulatory Requirements. Contractor acknowledges that the Project is subject to requirements and regulations issued on behalf of various governmental and/or regulatory bodies, including, without limitation, the Lahontan Regional Water Quality Control Board and the Tahoe Regional Planning Agency, among others. Contractor agrees to fully and promptly comply with any and all requirements and regulations issued on behalf of such entities.

9.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of El Dorado, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of El Dorado, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

IN WITNESS HEREOF, the said City of South Lake Tahoe, State of California, has caused this Agreement to be executed by its Mayor in its behalf, and the said Contractor has signed this Agreement the day and year first above written.

CITY OF SOUTH LAKE TAHOE Contractor: Q&D Construction LLC By By
Cody Bass, Mayor
City of South Lake Tahoe,
State of California Title

Business License No.

ATTEST: APPROVED AS TO FORM:

By By
Susan Blankenship, City Clerk Heather Stroud, City Attorney City of South Lake Tahoe City of South Lake Tahoe
END OF DOCUMENT 00500
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Exhibit A
Contractor’s Accepted Bid
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162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
C-043-2024
00500

Page 10 ends

Exhibit B
Escrow Bid Document Certification
215
216
C-043-2024
00500

Page 11 ends

Exhibit C
Insurance Certificates and Endorsements
217
5/28/2024
L/P Insurance Services LLC
300 East 2nd Street
Suite 1300
Reno NV 89501
Mary Hearron
(775)996-6000 (775)473-9288
[email protected]
Q&D Construction, LLC
Q&D Group Invesco, LLC
P.O. Box 10865
Reno NV 89510
Old Republic Insurance Company 24147
Imperium Ins Co 35408
Starr Indemnity & Liability Co. 38318
Berkley National Insurance Company 38911
Berkley Assurance Company 39462
Travelers Property Cas. Co. of America 25674
CL2353182995
A
E
X
X
X Electronic Data Liability
X X.C.U. Coverage
X
X Pollution/Professional
MWZY31654723 5/31/2023 5/31/2024
PCAB50238510124 1/20/2024 1/20/2025
2,000,000
100,000
10,000
2,000,000
4,000,000
4,000,000
Poll Prof Retention $25,000 5,000,000
A
X
X X
MWTB31654823 5/31/2023 5/31/2024
2,000,000
Pollution Liability Broadened Cov Included
B
CD X
X
X 0
ARUIICCX000005801 1st $5M 5/31/2023 5/31/2024
1000587803231 2nd $15M Layer 5/31/2023 5/31/2024
CEX0960401403 3rd $5M Layer 5/31/2023 5/31/2024
25,000,000
25,000,000
A
N

AZ, CA, CO, FL, ID, IL, IN,

KS, MO, MT, NM, NV, OH, OR,

PA, TX, UT, VA, WI, SD
MWC31654623 5/31/2023 5/31/2024
X
1,000,000
1,000,000
1,000,000
F Contractors Equipment QT6303E976182TIL24 1/1/2024 1/1/2025 Scheduled Equipment 59,451,678 Leased/Rented Equipment 1,000,000
See Attached Additional Comments/Remarks page for information regarding additional coverage terms and Additional Insured status.

City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
[email protected]
Mary Hearron/MARY
The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE

JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $

UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)
218
Continued from Description of Operations Section:

NAMED INSURED: Q&D GROUP INVESCO, LLC; Q&D CONSTRUCTION, LLC When Named Insureds operations are performed for Certificate Holder and/or entities listed in Description of Operations on the Acord 25 form pursuant to a valid written contract or agreement executed by Named Insured prior to loss, in accordance with the noted policy(ies): Additional Insured Status is determined by attached GL Form #CG20 10 12 19, CG 20 37 12 19, CG 20 11 12 19, CG 20 18 12 19, CG 20 34 12 19,CG 20 38 12 19, CG 20 40 12 19 and Auto Form #PCA 048 09 19 and Pollution PERFORM-10002 (Section IV O.5); Waiver of Subrogation Status is determined by GL Form CG 24 04 12 19, Auto Form PCA 024 10 13 and Workers Compensation Form # WC 00 03 13; Primary and Non-Contributory status is determined by GL Form CG 20 01 12 19, Pollution Form PERFORM-10002 and Auto #PCA 048 0919. Electronic Data Liability as per CG 04 37 04 13, attached. Equipment Loss Payee form CM U6 18 05 21 applies per attached. Hired auto physical damage applies per form PCA 169 04 17. Auto additional insured and loss payee applies per form CA 20 01 10 13.

Hired auto physical damage and scheduled auto deductibles are $1,000 deductible comprehensive and $1,000 deductible collision, Actual Cash Value, limited to $500,000.

Equipment Deductibles: Equipment Valued $100,000 and under: $10,000 Deductible/ Equipment Valued $101,000 to $350,000: $25,000 Deductible/ Equipment Valued $351,000 to $750,000:
$50,000 Deductible/ Equipment Valued $751,000 and Higher and Plants: $100,000 Deductible Crane Deductible: 2% Deductible subject to $25,000 Minimum Deductible

COMMENTS/REMARKS
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
219
Battle Born Materials LLC
Dianda Construction Inc.

Holder Q&D, a Joint Venture
Mustang Assets Company LLC
Mustang Assets LLC
Plenium Builders
Q&D Construction, Inc.

Q&D RHB, a Joint Venture
Swank Enterprises Q&D Construction, LLC a Montana
Limited Liability Company, Additional Named Insured
Additional Named Insured
Additional Named Insured
Additional Named Insured
Additional Named Insured
S Corporation, Additional Named Insured
Additional Named Insured
Additional Named Insured
Limited Liability Company, Additional Named Insured
Additional Named Insureds
Other Named Insureds
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC
220

COMMERCIAL GENERAL LIABILITY
CG 20 34 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 34 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – LESSOR OF LEASED
EQUIPMENT – AUTOMATIC STATUS WHEN

REQUIRED IN LEASE AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to
include as an additional insured any person(s) or
organization(s) from whom you lease equipment
when you and such person(s) or organization(s)
have agreed in writing in a contract or agreement
that such person(s) or organization(s) be added as
an additional insured on your policy. Such
person(s) or organization(s) is an insured only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your maintenance,
operation or use of equipment leased to you by
such person(s) or organization(s).

However, the insurance afforded to such
additional insured:

1. Only applies to the extent permitted by law;
and

2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

A person's or organization's status as an
additional insured under this endorsement ends
when their contract or agreement with you for such
leased equipment ends.

B. With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to any "occurrence" which takes place after the
equipment lease expires.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

The most we will pay on behalf of the additional
insured is the amount of insurance:

1. Required by the contract or agreement you
have entered into with the additional insured;
or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

MWZY 316547 2 Q&D Group Invesco, LLC 05/31/2 1PMJDZ/P.8;:
221

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization contractually requiring status as an additional insured for ongoing operations that you perform for them The locations as specified in the written contracts or agreements Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.

POLICY NUMBER: MWZY3165472
2%(SPVQ*OWFTDP
--$
222
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Page 2 of 2 ends

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations As required by written contract or agreement The locations as specified in the written contracts or agreements Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

POLICY NUMBER: MWZY3165472
2%(SPVQ*OWFTDP
--$
224

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 12 19 Policy #: MWZY3165472
© Insurance Services Office, Inc., 2018 Page 1 of 1
1PMJDZ.8;:
2%(SPVQ*OWFTDP
--$
225
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:MWZY3165472
Q&D Group Invesco, LLC

COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATEDSITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

Any persons or organizations requiring a waiver of transfer of rights of recovery pursuant to the terms of any contract or agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
226
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED AND PRIMARY AND

NON-CONTRIBUTORY ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

SCHEDULE
Designated Person(s) or Organization(s):

All persons or organizations where required by written contract or agreement.

A. SECTION II – COVERED AUTOS LIABILITY COVERAGE, paragraph 1. Who Is An Insured is amended to include the person(s) or organization(s) shown in the above Schedule as an additional “insured”, but only with respect to "accidents" arising out of your work while being performed for such person(s) or organization(s).

B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary:

This policy's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to the “insured” person(s) or organization(s) shown in the above Schedule provided that:

1. Such “insured” is a Named Insured under such other insurance; and

2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".

PCA 048 09 19 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

PCA 048 09 19
1PMJDZ.85#
2%(SPVQ*OWFTDP
--$
PCA 048 09 19 CA 048 09 19
227
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

SCHEDULE
Name of Person or Organization:

All persons or organizations as required by contract or agreement (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The Transfer Of Rights Of Recovery Against Others To Us Condition is changed by adding the following:

We waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule because of payments we make for injury or damage. This waiver applies only to the person or organization shown in the Schedule.

PCA 024 10 13

Page 1 of 1 ends

1PMJDZ.85#
2%(SPVQ*OWFTDP
--$
228
.8;:
229
230
1PMJDZ/P.8;:
231
232
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 POLICY NUMBER:

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

AS REQUIRED BY WRITTEN CONTRACT
Schedule
1983 National Council on Compensation Insurance.
.8$
DATE OF ISSUE:
2%(SPVQ*OWFTDP
--$
233
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Loss Of Electronic Data Limit: $ 2,000,000.

COMMERCIAL GENERAL LIABILITY
CG 04 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ELECTRONIC DATA LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
A. Exclusion 2.p. of Coverage A – Bodily Injury
And Property Damage Liability in Section I –
Coverages is replaced by the following:

2. Exclusions
This insurance does not apply to:
p. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability to
access, or inability to manipulate "electronic
data" that does not result from physical
injury to tangible property.

However, this exclusion does not apply to
liability for damages because of "bodily
injury".

B. The following paragraph is added to Section III –
Limits Of Insurance:

Subject to 5. above, the Loss of Electronic Data
Limit shown in the Schedule above is the most we
will pay under Coverage A for "property damage"
because of all loss of "electronic data" arising out
of any one "occurrence".

C. The following definition is added to the Definitions section:
"Electronic data" means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD-ROMs, tapes, drives,
cells, data processing devices or any other media
which are used with electronically controlled
equipment.

D. For the purposes of the coverage provided by this
endorsement, the definition of "property damage"
in the Definitions section is replaced by the
following:

17. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the physical
injury that caused it;
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the
"occurrence" that caused it; or
c. Loss of, loss of use of, damage to,
corruption of, inability to access, or inability
to properly manipulate "electronic data",
resulting from physical injury to tangible
property. All such loss of "electronic data"
shall be deemed to occur at the time of the
"occurrence" that caused it.

For the purposes of this insurance, "electronic
data" is not tangible property.

CG 04 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: .8;:
2%(SPVQ*OWFTDP
--$
234
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 11 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation Of Premises (Part Leased To You):

Name Of Person(s) Or Organization(s) (Additional Insured):

Additional Premium: $
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by you or those acting
on your behalf in connection with the ownership,
maintenance or use of that part of the premises
leased to you and shown in the Schedule and
subject to the following additional exclusions:

This insurance does not apply to:

1. Any "occurrence" which takes place after you
cease to be a tenant in that premises.

2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

MWZY 316547 2Q&D Group Invesco, LLC 5/31/2 to 5/1/2 Included
Any and all persons or organizations contractually requiring additional insured status as the manager or lessor of premises Any premises or part thereof leased to you
.8;:
235
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 18 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MORTGAGEE, ASSIGNEE OR RECEIVER
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name(s) Of Person(s) Or Organization(s) Designation Of Premises Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to their liability as mortgagee,
assignee or receiver and arising out of the
ownership, maintenance or use of the premises by
you and shown in the Schedule.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

MWZY 316547 2 Q&D Group Invesco, LLC 5/31/2 to 5/31/2 Any person or organization contractually requiring additional Any premises or part thereof leased to you insured status as the mortgagee, assignee or receiver
.8;:
236

OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO PHYSICAL DAMAGE

LIMITS OF INSURANCE AND DEDUCTIBLE AMENDMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO DECLARATIONS

BUSINESS AUTO COVERAGE FORM

SCHEDULE
Limit of Insurance:
A. The following provisions apply to ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS on the Business Auto Declarations.

Physical Damage Comprehensive Coverage and Physical Damage Collision Coverage Deductibles are changed as shown below:

PHYSICAL DAMAGE COMPREHENSIVE COVERAGE

ACTUAL CASH VALUE OR COST OF REPAIR OR THE LIMIT OF INSURANCE

SHOWN IN THE ABOVE SCHEDULE, WHICHEVER IS LESS, MINUS
$

DEDUCTIBLE FOR EACH COVERED AUTO, BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING.

PHYSICAL DAMAGE COLLISION COVERAGE

ACTUAL CASH VALUE OR COST OF REPAIR OR THE LIMIT OF INSURANCE

SHOWN IN THE ABOVE SCHEDULE, WHICHEVER IS LESS, MINUS
$
DEDUCTIBLE FOR EACH COVERED AUTO.

The Declarations are changed to conform with the above.

B. Only with respect to covered “autos” that are leased, hired, rented or borrowed, SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, Paragraph 1.a. is replaced by the following:

1. The most we will pay for:
a. "Loss" to any one covered "auto" is the lesser of:

PCA 169 04 17

Page 1 of 2 ends

MWTB 316548 2 Q&D Group Invesco, LLC 5/31/2- 05/31/2 1,000
1,000
237
(1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or
(3) The Limit of Insurance shown in the above Schedule.

PCA 169 04 17

Page 2 of 2 ends

MWTB 316548 2 Q&D Group Invesco, LLC - 05/31/2 238

.85#

.85#2%(SPVQ*OWFTDP
--$ 239

Page 2 of 2 ends

Coverages Limit Of Insurance
Covered Autos Liability $ Each "Accident"
Comprehensive
Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto"
Collision
Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto"
Specified
Causes Of Loss
Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Coverage

1. Any "leased auto" designated or described in
the Schedule will be considered a covered
"auto" you own and not a covered "auto" you
hire or borrow.

2. For a "leased auto" designated or described in
the Schedule, the Who Is An Insured
provision under Covered Autos Liability
Coverage is changed to include as an
"insured" the lessor named in the Schedule.

However, the lessor is an "insured" only for
"bodily injury" or "property damage" resulting
from the acts or omissions by:
a. You;
b. Any of your "employees" or agents; or
c. Any person, except the lessor or any
"employee" or agent of the lessor, operating
a "leased auto" with the permission of any
of the above.

3. The coverages provided under this
endorsement apply to any "leased auto"
described in the Schedule until the expiration
date shown in the Schedule, or when the
lessor or his or her agent takes possession of
the "leased auto", whichever occurs first.

B. Loss Payable Clause

1. We will pay, as interest may appear, you and
the lessor named in this endorsement for "loss"
to a "leased auto".

2. The insurance covers the interest of the lessor
unless the "loss" results from fraudulent acts or
omissions on your part.

3. If we make any payment to the lessor, we will
obtain his or her rights against any other party.

C. Cancellation

1. If we cancel the policy, we will mail notice to
the lessor in accordance with the Cancellation
Common Policy Condition.

2. If you cancel the policy, we will mail notice to
the lessor.

3. Cancellation ends this agreement.

D. The lessor is not liable for payment of your
premiums.

E. Additional Definition
As used in this endorsement:
"Leased auto" means an "auto" leased or rented to
you, including any substitute, replacement or extra
"auto" needed to meet seasonal or other needs,
under a leasing or rental agreement that requires
you to provide direct primary insurance for the
lessor.

MWTB 316548 2 Q&D Group Invesco, LLC5/31/2 to 5/31/2 1,000
1,000
2,000,000
240
1PMJDZ/P25&5*-
241

Page 8 of 20 ends

Policy Form: PERFORM-10002 (11-20)
L. First Party Claim means a Protective Claim and any other request of us by you for Mitigation Cost or for sums arising out of any of the insuring agreements described in the Supplemental Coverage Section of this Policy.

M. Information Technology Products means a computer or telecommunication hardware or software product or other electronic product that is used, created, developed or manufactured by or for you, including software updates, service packs and other maintenance releases for such products.

N. Information Technology Services means:

1. Consulting on, design of, development of, analysis of, integration of, interface of, modification of and programming of software, hardware, networks, telecommunication systems and electronic or digital devices performed by you or on your behalf for your clients;

2. installation of, training in the use of, support of, servicing of, maintenance of, repair of your Information Technology Products;

3. marketing of, selling of, licensing of and distribution of Information Technology Products;

4. storage of, warehousing of, mining of and processing of data by you;

5. managing, operating, administering and hosting Information Technology Products for your clients; or

6. activities performed on your website(s);
but shall not mean Information Technology Products.

O. Insured means:

1. the Named Insured; or

2. any fully owned subsidiary corporations or subsidiary limited liability companies of the Named Insured, of any tier, in the past, as now constituted or hereafter constituted, subject to the limitations in Paragraph 9. of this Definition for the newly acquired or formed entities described therein; or

3. any present or former partner, director, officer, manager, member, shareholder, principal, trustee, or employee of the Named Insured solely while acting on behalf of the Named Insured, but this Paragraph 3. shall not make any entity an Insured solely because of its participation with the Named Insured in a legal entity such as a joint venture or limited liability company; or

4. any Insured with regard to its participation in a legal entity, including a joint venture or limited liability company, but solely for the Named Insured’s legal liability arising out of the performance of Professional Services, Contractor Activities, Media Activities or Information Technology Services under the respective legal entity, and such legal entity itself, or any other entity other than an Insured that is part of the legal entity, are not Insureds; or

5. with regard to Coverage C only, any client of the Named Insured, or other entity or person, that the Named Insured is obligated to name as an additional insured on this Policy pursuant to a written contract, agreement, or permit, executed prior to when the Pollution Claim was first made, and solely as respects Pollution Conditions resulting from the Named Insured’s performance of Contractor Activities; or

6. any entity which is specifically identified as an Insured in the Declarations or by endorsement to this Policy; or

7. the estate, heirs, executors, shareholders, administrators or legal representatives of an Insured in the event of such Insured’s death, incapacity, or bankruptcy, or the spouse or legal domestic partner of any Insured, but only to the extent such Insured would otherwise be provided coverage under this Policy while acting solely on behalf of the Named Insured; or

8. any prior entity that has been reported to us prior to when the First Party Claim or Claim was first made and whose assets, partners, principals, or shareholders were acquired by the Named Insured, and for which the Named Insured is required to provide liability insurance under a written contract or 1PMJDZ/P1CAB50238510124

Page 17 of 20 ends

Policy Form: PERFORM-10002 (11-20)
As a condition precedent to coverage under this Policy, in the event of a Claim or First Party Claim, you must do the following:

1. Report the Claim or First Party Claim to us in writing as soon as reasonably possible, which (except for a Pollution Claim) must be during the Policy Period, the Automatic Extended Reporting Period, or during any applicable Optional Extended Reporting Period. Reporting should be sent to us at the address stated in the Claims Notice attached to this Policy; and

2. Promptly provide a copy of the Claim or First Party Claim, if in writing, and specify in the report: the names and addresses of the Insured reporting the Claim or First Party Claim, the persons or entities making the Claim or First Party Claim, and the persons or entities against whom the Claim or First Party Claim is made; when the Claim or First Party Claim was made; the subject of the Claim or First Party Claim; and any other relevant facts or allegations known to you.

B. Reporting a Circumstance
If during the Policy Period, you become aware of a circumstance that may reasonably be expected to give rise to a Claim or First Party Claim which may be covered under the Policy, and if you, during the Policy Period, provide a written report to us at the address stated in the Claim Notice attached to this Policy of the circumstance as soon as practicable containing particulars sufficient to identify you and all reasonably obtainable information with respect to:

1. when and how you first became aware of such circumstance;

2. any act, error, omission asserted or believed to be at issue;

3. the services or activities involved in the circumstance;

4. what happened and the dates and entities involved; and

5. the nature of any alleged or potential Loss;
then any Claim (except for a Pollution Claim) or First Party Claim arising out of such circumstance shall be deemed to have been made on the date we received the written report of the circumstance. At our sole discretion and cost, we may elect to investigate any circumstance which is reported; any such costs associated with the investigation of a circumstance prior to a Claim being made against you will not be considered Claim Expense, will not reduce the applicable Self-Insured Retention and shall be paid by us in addition to the Limit of Liability.

XI. CONDITIONS
A. Territory
The coverage afforded by this Policy applies worldwide.

B. Audit and Inspection
Upon reasonable prior notice, we shall be permitted to audit your final books and records at any time during the Policy Period, the Automatic Extended Reporting Period, the Optional Extended Reporting Period, if applicable, and within three years after the final termination of this Policy, as far as they relate to the subject matter of this Policy. We shall also be permitted to inspect, sample, and/or monitor your operations on a continuing basis. Neither our right to make inspections, sample, and/or monitor, nor the actual undertaking thereof, nor any report thereon shall constitute an undertaking, on behalf of us or others, to determine or warrant that your operations are safe, healthful, conform to acceptable practice, or are in compliance with any law, rule, or regulation.

C. Subrogation
In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy, to the extent such a waiver is required by a written contract with you executed prior to the Claim, against any of the following that is not a Responsible Entity: your clients, their parents or other affiliates, and your client’s designees; and your co-participants in an entity for which your 1PMJDZ/P1CAB50238510124
C. Subrogation
In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy, to the extent such a waiver is required by a written contract with you executed prior to the Claim, against any of the following that is not a Responsible Entity: your clients, their parents or other affiliates, and your client’s designees; and your co-participants in an entity for which your 243

Page 18 of 20 ends

Policy Form: PERFORM-10002 (11-20)
participation is insured under Definition O.4. of this Policy.

For Coverage A only, we will not subrogate against a Responsible Entity in excess of its collectible insurance, provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced.

D. Changes
None of the provisions of this Policy will be waived, changed, or modified except by written endorsement issued by us to form a part of this Policy. Notice to any of our agents or knowledge possessed by any such agent or any other person will not act as a waiver or change in any part of this Policy and will not prevent us from asserting any rights under the provisions of this Policy.

E. Action Against Us
Only you can make claims against us under Coverages A and F, and the Supplemental Coverages, of this Policy.

No action shall be taken against us with respect to Coverage A unless, as a condition precedent thereto, you shall have fully complied with all the terms of this Policy, and until the amount the Responsible Entity is legally obligated to pay shall have been finally determined either by judgment after actual contested trial or arbitration, or other method of dispute resolution for which we have given prior written approval.

No action shall be taken against us with respect to Coverage B, C, D or E unless, as a condition precedent thereto, you shall have fully complied with all the terms of this Policy, and until the amount you are legally obligated to pay shall have been finally determined either by judgment after actual contested trial or arbitration, or other method of dispute resolution for which we have given prior written approval.

No person or organization shall have any right under this Policy to join us in any action against you. No Responsible Entity shall be an Insured under this Policy.

F. Assignment of Interest
It is agreed that the insurance provided herein and your interests hereunder cannot be transferred or assigned to another party without our express written consent.

G. Cancellation and Termination

1. The premium paid for this Policy shall be fully earned in the first twelve months of the Policy Period.

2. This Policy may only be cancelled by us for one or more of the following reasons:
a. non-payment of premium; or
b. a material misrepresentation or concealment of facts; or c. a material breach of any provision of this Policy.

If this Policy is cancelled by us, notice of cancellation will be sent in writing to the first Named Insured (except as modified by any Endorsement to this Policy, either electronically or at the address indicated on the Declarations. We will provide such written notice at least ninety (90) days prior to the date such cancellation is to take effect; except that, in the event of cancellation for non-payment of premium, we will provide only fifteen (15) days written notice. If the premium is paid by a premium financing company and the premium financing company, acting under a valid premium finance agreement with you, requests cancellation of the Policy due to non-payment of premium from you in the first twelve (12) months of the Policy Period, the earned premium shall be computed short-rate of the twelvemonth policy term premium and the unearned premium shall be returned to the premium finance company.

The effective date and hour of cancellation will be stated in such notice. Cancellation by us also cancels the Automatic Extended Reporting Period and any Optional Extended Reporting Period; the Policy Period, the Automatic Extended Reporting Period, and any Optional Extended Reporting Period will end on that date. If we cancel for the reason specified in Subparagraph (a), there shall be no return premium. If we cancel for reasons stated in Subparagraphs (b) or (c) in the first twelve (12) 1PMJDZ/P1CAB50238510124
participation is insured under Definition O.4. of this Policy.

Page 12 ends

Exhibit D
Payment Bond & Performance Bond
245
246
247
248
249
250
251
252
253
254
255
256
257
Total Base Bid Cost (Schedules I and II)
Compensable Delay
Total Base Bid Cost (Schedules I and II) plus Compensable Delay Total Cost (Base Bid and Schedules III and IV)
Denotes missing or incomplete information
Denotes responsible low bidder
Denotes apparent low bidder
√
Addendum No. 6 √ √ √ √
√
√
√ √
Document 00465 - Non-Lobbying Certification √ √ √ √
Document 00460 - Equal Employment Opportunity Certification Public Works Contract No. 50180050-BN1, Formal Bid No. AIRPORT03202024 Document 00466 - Disclosure of Lobbying Activities √ √ √ √ √
Document 00450 - Bidder's Statement of Financial Responsibility, Technical Ability and Experience √ √
√
√ √
Document 00471 - Construction Contract DBE Commitment √ √ √ √ √
Document 00440 - Business and Professions Code Sections 7028.15 and 7031 Statement √
√
√
Document 00435 - Worker's Compensation Certification √ √ √ Document 00432 - Non-Collusion Declaration
√
√
√
√
√
√
√
Maxwell Asphalt Inc.
√ √
√
$ 445,931.25
√
√
√ √
√ √ √
√
Schedule I $ 515,250.00
$ 1,107,375.00 $ 940,000.00
Schedule III $ 71,780.00 $ 78,500.00 $ 47,000.00
DATE: April 11, 2024
Engineer's Estimate
Document 00423 - Verification of DIR Compliance √
√
Document 00425 - Self-Performance Declaration
√
Document 00400 - Bid Proposal
Document 00424 - CARB CRC Compliance
√
Document 00430 - Debarment and Suspension Certifications √ Document 00420 - Designation of Subcontractors √ √
√
√
√
Q&D Construction
√
Lake Tahoe Airport
South Lake Tahoe, CA
AIP PROJECT NUMBER: 3-06-0249-050-2024
TIME: 10:00 A.M. (LOCAL TIME)
√
√

BID OPENING
American Road
Maintenance Inc.

Document 00410 - Bidder's Bond
Base Bid Schedule I: Taxiway A Pavement Maintenance
√ √ √
√ √

TABULATION OF BIDS
$ 672,760.00
√
$ 484,280.00 $ 310,250.00
$ 1,001,930.00
Addendum No. 2 √ √ √
Base Bid Schedule II: Apron Pavement Maintenance
Bid Alternate Schedule III: Taxiway Connector Pavement Maintenance Bid Alternate Schedule IV: Runway Closure Marker Procurement Document 00475 - DBE Information - Good Faith Efforts √ √ √ √ √
Document 00477 - Certificate of Buy American Compliance for Manufactured Products √ √ √ √ Document 00476 - Buy American Certification √
Document 00478 - Buy American Waiver Request √ √ √ √
Document 00479 - Buy American Conformance Listing √ √ √ √ Document 00490 - Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Conviction √ √ √ √ Document 00635 - Warranty/Guaranty Form √ √ X √
Document 00640 - Acknowledgement of City Code √ √ X √
Addendum No. 1
$ 640,760.00 $ 862,400.00
Document 00650 - Bid Document Certification √ √ X √
Addendum No. 4 √ √ √ √
Addendum No. 5 √ √ √ √
Addendum No. 3 √ √ √ √
$ 73,600.00
Schedule IV $ 70,000.00 $ 60,000.00 $ 45,000.00 $ 64,000.00 - $ 974,875.00
Schedule II $ 375,870.00 $ 453,625.00 $ 270,510.00 $ 356,468.75 $ 860,150.00 $ 968,875.00 $ 580,760.00 $ 802,400.00
- $ 6,000.00 $ 60,000.00 $ 60,000.00
1 258
Item No. Description Estimated
Quantity
Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C-105a Mobilization (10% Max) 1 LS $44,030.00 $ 44,030.00 $35,000.00 $ 35,000.00 $20,000.00 $ 20,000.00 $39,356.25 $ 39,356.25 P-605a Reseal Existing Crack Seal 85,000 LF $3.25 $ 276,250.00 $2.00 $ 170,000.00 $1.50 $ 127,500.00 $2.75 $ 233,750.00 P-605b Routed Crack Seal 5,000 LF $3.25 $ 16,250.00 $3.00 $ 15,000.00 $2.00 $ 10,000.00 $9.50 $ 47,500.00 P-608a Asphalt Seal Coat without Sand 61,000 SY $1.75 $ 106,750.00 $4.00 $ 244,000.00 $2.00 $ 122,000.00 $1.50 $ 91,500.00 P-620b Permanent Pavement Markings 20,500 SF $2.00 $ 41,000.00 $2.50 $ 51,250.00 $1.50 $ 30,750.00 $1.65 $ 33,825.00 TOTAL SCHEDULE I $ 484,280.00 $ 515,250.00 $ 310,250.00 $ 445,931.25 N/A 6.40% -35.94% -7.92%
Denotes responsible low bidder
Denotes apparent low bidder
BY:

DATE
Responsive and Responsible Low Bidder
Airport Manager
Engineer's Estimate Percentage Difference
Apparent Low Bidder
Irregular Proposal
Tabulation of Bids
(Continued)
Base Bid Schedule I: Taxiway A Pavement Maintenance Engineer's Estimate American Road Maintenance Inc. Maxwell Asphalt Inc Q&D Construction 2 04/16/2024
259
Item No. Description Estimated
Quantity
Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C-105a Mobilization (10% Max) 1 LS $34,170.00 $ 34,170.00 $35,000.00 $ 35,000.00 $10,000.00 $ 10,000.00 $30,000.00 $ 30,000.00 P-605a Reseal Existing Crack Seal 50,000 LF $3.25 $ 162,500.00 $2.00 $ 100,000.00 $1.50 $ 75,000.00 $2.50 $ 125,000.00 P-605b Routed Crack Seal 7,500 LF $3.25 $ 24,375.00 $3.00 $ 22,500.00 $2.00 $ 15,000.00 $9.50 $ 71,250.00 P-608a Asphalt Seal Coat without Sand 65,500 SY $1.75 $ 114,625.00 $4.00 $ 262,000.00 $2.00 $ 131,000.00 $1.50 $ 98,250.00 P-620a Temporary Pavement Markings 5,400 SF $1.50 $ 8,100.00 $1.50 $ 8,100.00 $3.25 $ 17,550.00 $1.40 $ 7,560.00 P-620b Permanent Pavement Markings 9,000 SF $2.00 $ 18,000.00 $2.50 $ 22,500.00 $1.50 $ 13,500.00 $1.40 $ 12,600.00 P-620c Surface Preparation (Obliteration) 705 SF $20.00 $ 14,100.00 $5.00 $ 3,525.00 $12.00 $ 8,460.00 $16.75 $ 11,808.75 TOTAL SCHEDULE II $ 375,870.00 $ 453,625.00 $ 270,510.00 $ 356,468.75 N/A 20.69% -28.03% -5.16%
Denotes responsible low bidder
Denotes apparent low bidder
BY:

DATE
Responsive and Responsible Low Bidder
Engineer's Estimate Percentage Difference
Airport Manager
Tabulation of Bids
(Continued)
Apparent Low Bidder
Irregular Proposal
Base Bid Schedule II: Apron Pavement Maintenance Engineer's Estimate American Road Maintenance Inc. Maxwell Asphalt Inc Q&D Construction 2 04/16/2024
260
Item No. Description Estimated
Quantity
Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C-105a Mobilization (10% Max) 1 LS $6,530.00 $ 6,530.00 $3,000.00 $ 3,000.00 $2,000.00 $ 2,000.00 $5,000.00 $ 5,000.00 P-605a Reseal Existing Crack Seal 10,000 LF $3.25 $ 32,500.00 $2.00 $ 20,000.00 $1.50 $ 15,000.00 $2.50 $ 25,000.00 P-605b Routed Crack Seal 2,500 LF $3.25 $ 8,125.00 $3.00 $ 7,500.00 $2.00 $ 5,000.00 $9.50 $ 23,750.00 P-608a Asphalt Seal Coat without Sand 9,500 SY $1.75 $ 16,625.00 $4.00 $ 38,000.00 $2.00 $ 19,000.00 $1.50 $ 14,250.00 P-620b Permanent Pavement Markings 4,000 SF $2.00 $ 8,000.00 $2.50 $ 10,000.00 $1.50 $ 6,000.00 $1.40 $ 5,600.00 TOTAL SCHEDULE III $ 71,780.00 $ 78,500.00 $ 47,000.00 $ 73,600.00 N/A 9.36% -34.52% 2.54%
Denotes responsible low bidder
Denotes apparent low bidder
BY:

DATE
Responsive and Responsible Low Bidder
Engineer's Estimate Percentage Difference
Airport Manager
Tabulation of Bids
(Continued)
Apparent Low Bidder
Irregular Proposal
Bid Alternate Schedule III: Taxiway Connector Pavement Maintenance Engineer's Estimate American Road Maintenance Inc. Maxwell Asphalt Inc Q&D Construction 2 04/16/2024
261
Item No. Description Estimated
Quantity
Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C-105b Lighted Runway Closure Marker (Purchase and Transfer of Ownership to Airport and Final Fuel) 2 EA $35,000.00 $ 70,000.00 $30,000.00 $ 60,000.00 $22,500.00 $ 45,000.00 $32,000.00 $ 64,000.00 TOTAL SCHEDULE IV $ 70,000.00 $ 60,000.00 $ 45,000.00 $ 64,000.00 N/A -14.29% -35.71% -8.57%
Denotes responsible low bidder
Denotes apparent low bidder
BY:

Executive Summary: The Tahoe Valley Stormwater and Greenbelt Improvement Project (Project) is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths. Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources. Phase 1 consists of stormwater and water quality improvement work within the Bonanza neighborhood and downstream of James Avenue at 3rd Street to Tahoe Keys Blvd. This phase is currently under construction. Phase 2 consists of the Central Greenbelt Area (behind the Crossings) spanning between Emerald Bay Road at B Street down to Highway 50 at 4th Street. This phase is anticipated to begin construction in 2025. With Phase 2 of the Project to be released for bidding in the next month with anticipated construction to begin in 2025, additional funds will need to be allocated to Stantecâ€™s Agreement to allow them to provide general bidding assistance and construction engineering support as the project Engineer of Record for Design to the City for Phase 2 Project construction.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 9 to the Agreement with Stantec Consulting Services, Inc. for additional bidding and construction support services for the Tahoe Valley Stormwater and Greenbelt Improvement Project for the amount of $20,000.00 for a total not-to-exceed contract amount of $779,100.00.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Amendment No. 9 to Stantec Agreement.docx 02-Stantec PSA Amendment 9.pdf
263
Council Agenda Report September 10, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 10, 2024
Title: Amendment No. 9 to Professional Services Agreement between Stantec Consulting Services, Inc. and the City of South Lake Tahoe
Location: Tahoe Valley drainage watershed, inclusive to the “Greenbelt” area located behind The Crossing (AKA “factory stores”) at the South Y and the drainage watershed extending between west F Street down to Tahoe Keys Blvd
Responsible Staff Member: Jason Burke, Complete Streets Program Manager, Brianna Greenlaw, Associate Civil Engineer
Background: The Tahoe Valley Stormwater and Greenbelt Improvement Project (Project) is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths.

Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources.

1. Phase 1 consists of stormwater and water quality improvement work within the Bonanza neighborhood and downstream of James Avenue at 3rd Street to Tahoe Keys Blvd. This phase is currently under construction.

2. Phase 2 consists of the Central Greenbelt Area (behind the Crossings) spanning between Emerald Bay Road at B Street down to Highway 50 at 4th Street. This phase is anticipated to begin construction in 2025.

Issue and Discussion: Tasks 9 and 10 (Bid Assistance and Construction Support, respectively) were set up by the original Stantec Consulting Services, Inc. (Stantec), previously Cardno, Professional Services Agreement (Agreement) but were not allocated any funds at the time. Amendment No. 4 to the Stantec Agreement added $11,840 to Task 9 and $7,830 to Task 10. These funds were almost entirely expended during the bidding and construction of Phase 1.

With Phase 2 of the Project to be released for bidding in the next month with anticipated construction to begin in 2025, additional funds will need to be allocated to Stantec’s Agreement to allow them to provide general bidding assistance and construction engineering support as the project Engineer of Record for Design to the City for Phase 2 Project construction.

Financial Implications: Amendment No. 9 to the Stantec Agreement proposes an additional $20,000 budget to compensate Stantec for the increased Scope of Services in bidding assistance and construction support. The attached Agreement amendment includes the expanded Scope of Services and corresponding fees. The Project budget accounted for in the project account 301-40030 Tahoe Valley SWIP is being augmented with $160,000 in TRPA Water Quality Mitigation Funds as part of another item on today’s agenda, to accommodate consultant design-related services, construction services, required construction-related surveys, and construction of the improvements.
264
Council Agenda Report September 10, 2024 Page 2 of 2
Environmental Considerations: The Planning Commission adopted the CEQA and Mitigated Negative Declaration for the Greenbelt and Stormwater Improvement Project on May 9, 2019, SCH# 20190292152.

The Project TRPA and Lahontan permitting is completed and ready for construction of the Project improvements.

Policy Implications: Completing project improvements will assist with meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section

50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation). The Project advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.4 (Transportation) to prioritize implementation of mixed-use recreational trails and Class 1 bike trails and closing gaps in the bicycle trail system.  Action Item 2.3 (Connectivity) to facilitate implementation of trail infrastructure prioritizing the connection of bicycle and walking trails, from neighborhoods near the Greenbelt to the South Y commercial area and beyond.
 Action Item 5.3 (Infrastructure and Maintenance) by actively seeking funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list.

The project will also provide greenhouse gas reduction benefits, providing progress on Action #WB-1 of the 2020 Climate Action Plan: Improve bicycle and pedestrian networks. 265
City of South Lake Tahoe
Amendment No. 9 to Tahoe Valley Stormwater and Greenbelt Improvement Project, Professional Services Agreement with Stantec Consulting Services, Inc. (C-007-2020) The Professional Services Agreement entered into on January 14, 2020, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Stantec Consulting Services, Inc., previously Cardno, (“CONSULTANT”) is hereby amended as set forth below.

The Contract is hereby revised to add the following,

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated January 14, 2020, and Amendment Nos. 1, 2, 3, 4, 5, 6, 7, 8 with this ninth Amendment to the Agreement adds the work described within Exhibit A, Scope of Services, attached hereto and incorporated herein by reference.

2. Compensation. Compensation to be paid to the CONSULTANT, as defined within the original Agreement and as augmented by Amendment Nos. 1, 2, 3, 4, 5 6, 7, and 8 is hereby increased with this Amendment No. 9 by the sum of $20,000.00 as described within Exhibit A, Scope of Services attached hereto. In no case shall CONSULTANT compensation for work completed under this Amendment exceed the amended amount of $759,100.00 plus the additional fee of $20,000.00 for an amended total fee of $779,100.00, without written authorization from the CITY. Payment by the CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 9 to Professional Services Agreement with Stantec Consulting Services, Inc. to be executed on September 10, 2024.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Stephen Peck, PE
Senior Consultant/Principal
Stantec Consulting Services, Inc.

Date: ________________ Date: _________________________

Business License # 0080171
APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 266

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

SCOPE OF SERVICES
The Professional Services Agreement entered into on January 14, 2020 between the City of South Lake Tahoe, a municipal corporation (“City”) and Stantec Consulting Services Inc. (formerly Cardno ‐ “Consultant”) is amended to include additional scope of services as described below. The City authorized amendment to the base agreement includes additional bid assistance and construction engineering support services.

Pursuant to the project tasks identified in the professional services base agreement, between City and Consultant, the following selected tasks/scope of services is included with the project work.

Note all project tasks listed for clarity.

Task 1 Project Management, Meetings, and Public Outreach  NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 2 Supplemental Site Surveying and Basemap Updates
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 3 Permitting
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 4 60% Design Documents
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 5 90% Design Documents
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 6 100% Design Documents
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 7 Hydrologic and Hydraulic Analysis
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 8 Easement and Real Property Services
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00

EXHIBIT A
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Task 9 Bid Assistance (as directed, phase 2 project)
ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $5,000.00 Stantec will support the City in the public bidding process for the phase 2 construction project. It is assumed that the bidding efforts will be led by the City and that Stantec will be in a supporting role. Bid assistance associated with this task may include the following efforts, on an as‐directed basis within available budget allocations.
 Responses to bidders questions on the plans, specifications, and technical aspects of the project  Addendum to phase 2 bid documents, if necessary, as directed  Development of phase 2 Conformed Plans and Specifications to be issued for construction Task 9 Deliverables (if necessary, as directed):
> Written responses to bidder questions
> Revised plan sheets and technical specifications
> Conformed Plans and Specifications (electronic files) Task 9 Assumptions:
> City is responsible for all public notifications, plan sales, production, etc. > City will respond to any bidder comments related to contractual and non‐technical questions Task 10 Construction Support (as directed)
ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $15,000.00 Stantec will provide general construction engineering support assistance, as the project Engineer of Record for Design, to the City for the project construction. Construction engineering support associated with this task may include the following efforts, on an as‐directed basis within available budget allocations.
o Attendance at pre‐construction meeting
o Attendance at (designated) contractor coordination weekly status meetings o Contractor RFI response assistance
o Contract plan revisions, support of approved change orders o Permitting clarifications and agency coordination (as directed) o Site visits/observations of construction work to provide as‐requested support to City RE/RI for engineering design related field questions and design plan interpretations. o Record Drawings
Task 10 Deliverables:
> Written response assistance for Contractor RFIs
> Contract Plan Revisions (as directed, electronic files) > Record Drawings (as directed, electronic files)
Task 10 Assumptions:
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> Upon request from the City, Stantec will attend construction meetings in a supporting role for engineering design and technical input
> City is responsible for all Resident Engineer/Resident Inspector and material testing duties (Stantec is not acting in an RE/RI role)
> City will provide contractor as‐built/redline drawings and other RE/RI supporting construction records/information to Stantec for development of a project Record Drawing set of plans in AutoCAD (electronic files to be provided).
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Effective through December 31, 2024 www.stantec.com
2024 Schedule of Fees for
Professional Services
Stantec Consulting Services Inc.
for
City of South Lake Tahoe
Field Technician $75
Project Assistant 85
Project Coordinator 105
Senior Project Coordinator 115
Production Specialist 140
Technical Editor 150
CADD/Drafting/GIS Consultant 1 105
CADD/Drafting/GIS Consultant 2 125
Assistant Staff Consultant 100
Staff Consultant 1 110
Staff Consultant 2 120
Senior Staff Consultant 1 130
Senior Staff Consultant 2 140
Project Consultant 1 150
Project Consultant 2 160
Senior Project Consultant 1 175
Senior Project Consultant 2 190
Senior Consultant 1 205
Senior Consultant 2 225
Senior Consultant 3 250
Director 300
Consultant and Director positions include professional Scientist, Ecologist, Economist, Engineer, Hydrogeologist, Geologist, Planner, and other technical and non-technical staff positions. Consultant hours spent providing expert witness, deposition, or preparation for deposition will be charged at 1½ times regular billing rate. Rates will be escalated annually on January 1 at a rate of 3% or CPI for Western Wage Earners, the higher of the two.

Expenses
Use of a personal vehicle will be at the current IRS allowable rate. Subconsultant fees and all other direct costs (ODC) will be billed at cost.

Payment
Stantec invoices will be submitted monthly. Payment is due on or before the thirtieth (30th) day following the date of the invoice. Invoices paid more than thirty (30) days after the invoice date are subject to a finance charge of one percent (1%) per month.

Conditions
Stantec specifies that our services are performed, within the limits prescribed by our clients, with the usual thoroughness and competence of the engineering consulting profession. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, or reports. 270
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 10,
2024
Agenda Item #:9
Agenda Item: Tahoe Regional Planning Agency (TRPA) Water Quality Mitigation Funding and Supplemental Environmental Project (SEP) Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Executive Summary: The Tahoe Valley Stormwater and Greenbelt Improvement Project (Project) is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths. Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources. Phase 1 consists of stormwater and water quality improvement work within the Bonanza neighborhood and downstream of James Avenue at 3rd Street to Tahoe Keys Blvd. This phase is currently under construction. Phase 2 consists of the Central Greenbelt Area (behind the Crossings) spanning between Emerald Bay Road at B Street down to Highway 50 at 4th Street. This phase is anticipated to begin construction in 2025. The TRPA Water Quality and Water Quality Interest Mitigation Funds requested for the Project will fund outstanding design-related services, required construction-related surveys (i.e. migratory bird and forestry surveys), bidding and construction support services for Phase 2, and Project construction. On February 27, 2024, City Council ratified the submission of the SEP Grant Application (Resolution 2024-024). In May 2024, the City was advised that a Settlement Agreement was reached between Deacon Construction, LLC and Lahontan Regional Water Quality Control Board (Lahontan).

Under the Stipulated Order, Lahontan authorized part of the imposed Administrative Civil Liability penalty amount to be used to fund the SEP proposed by the City for Phase 2 of the Project. Deacon Construction, LLC requested a side agreement with the City to ensure actions required by the City on behalf of the Settlement Agreement are completed as agreed upon.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Finance to appropriate the TRPA Mitigation Funding and SEP Funding to the Tahoe Valley Stormwater and Greenbelt Improvement Project, authorizing and directing the Mayor to execute the Agreement Related to Barton Basin SEP, and authorizing and directing the City Manager to take any further actions necessary for completion of the SEP funding acceptance.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
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-TRPA & SEP funding for the TV Stormwater & Greenbelt Project.docx 02-Project Phase 2 Area Map
03-Resolution.doc
04-SEP Side Agreement (Exh. A to Reso).docx
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Council Agenda Report September 10, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 10, 2024
Title: Tahoe Regional Planning Agency (TRPA) Water Quality Mitigation Funding and Supplemental Environmental Project (SEP) Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Location: Tahoe Valley drainage watershed, inclusive to the “Greenbelt” area located behind The Crossing (AKA “factory stores”), specifically the proposed water quality basin at Barton Avenue and 4th Street (see Attachment 02 – Project Area Map)
Responsible Staff Member: Jason Burke, Complete Streets Program Manager, and Brianna Greenlaw, Associate Civil Engineer
Background: The Tahoe Valley Stormwater and Greenbelt Improvement Project (Project) is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths.

Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources.

Issue and Discussion: TRPA collects permit fees from development applications throughout the Tahoe Basin. Development fees acquired on properties located within the city limits are available for use on City Environmental Improvement Program (EIP) projects which include the Tahoe Valley Stormwater and Greenbelt Improvement Project. The mitigation fees TRPA collects are intended to offset environmental impacts to Air Quality, Stream Environment Zone (SEZ), and Water Quality. The TRPA Water Quality and Water Quality Interest Mitigation Funds requested for the Project will fund outstanding design-related services, required construction-related surveys (i.e. migratory bird and forestry surveys), bidding and construction support services for Phase 2, and Project construction. The TRPA Governing Board approved the mitigation fund release on August 28, 2024.

On January 26, 2024, Public Works submitted an application to the Lahontan Regional Water Quality Control Board (LRWQCB) for Phase 2 Project construction funding, specifically targeting the proposed water quality basin at the corner of Barton Avenue and 4th Street. LRWQCB allows a settling party that has committed a violation, to satisfy part of the monetary assessment imposed in an administrative civil liability order as the result of a settlement by funding SEPs. A SEP is defined as “an environmentally beneficial project that a person subject to an enforcement action voluntarily agrees to undertake in settlement of the action and to 272
Council Agenda Report September 10, 2024 Page 2 of 3
offset a portion of a civil penalty”. To receive funding for a project through this mechanism, an application is submitted to LRWQCB where it is evaluated to ensure it has environmental value and will further the enforcement goals and policies of LRWQCB.

On February 27, 2024, City Council ratified the submission of the SEP Grant Application (Resolution 2024- 024). In May 2024, the City was advised that a Settlement Agreement was reached between Deacon Construction, LLC and LRWQCB. Under the Stipulated Order, the Lahontan Water Board authorized part of the imposed Administrative Civil Liability penalty amount to be used to fund the SEP proposed by the City for Phase 2 of the Project.

Deacon Construction, LLC requested a side agreement with the City to ensure actions required by the City on behalf of the Settlement Agreement are completed as agreed upon. Items required of the City include meeting the SEP timeline, providing quarterly reports to Lahontan Water Board’s Enforcement Coordinator, and providing completion certification. (See side agreement in Attachment 04 for more details.) Actions defined within the accompanying resolution include the acceptance of TRPA Mitigation Funds for design and construction expenses, acceptance of the SEP funding for Phase 2 construction, and approval of the side agreement between Deacon Construction, LLC and the City.

Financial Implications: Public Works recently requested the release of an additional $95,000 of Water Quality Mitigation Funds and $65,000 Water Quality Interest Mitigation Funds. At their August Governing Board meeting, TRPA approved the City’s request for the release of TRPA Mitigation Funding in the sums listed in Table 1.

Table 1 – TRPA Mitigation Funding
Mitigation Account Description Amount
Water Quality Unspent Construction Budget Release $95,000.00 Water Quality Interest Unspent Design Budget Release $65,000.00 Total Funding Release Request: $160,000.00
(Approved by the TRPA Governing Board August 28, 2024)
The addition of the $75,000 in SEP funding will pay for the excavation of the water quality basin at Barton Avenue and 4th Street.

Environmental Considerations: The Planning Commission adopted the CEQA, Mitigated Negative Declaration on May 9, 2019, SCH# 20190292152. All environmental permitting required for constructing Phase 1 is complete.

The project will also provide greenhouse gas reduction benefits, providing progress on Action #WB-1 of the 2020 Climate Action Plan: Improve bicycle and pedestrian networks. 273
Council Agenda Report September 10, 2024 Page
3 of 3
274
Map Extent
South Y
Greenbelt - Phase 2
City Boundary
Lake Tahoe
Path: \\gis\share\Projects\PublicWorks\Engineering\TahoeValleyGreenbelt\TahoeValleyGreenbelt.aprx | Project Area Phase 2 | Date Exported: 2/2/2024 0 100 300 400 500 700
Feet
Public Works Department - Engineering
Tahoe Valley Stormwater Improvement Project
Phase 2 - Greenbelt Area Map
Barton & 4th
Water Quality Basin
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Resolution 2024-XXX September 10, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by City of South Lake Tahoe City Council
September 10, 2024
Accepting and Appropriating Tahoe Regional Planning Agency (TRPA) Water Quality Mitigation Funding and SEP Funding for Tahoe Valley Stormwater and Greenbelt Improvement Project
BACKGROUND:

A. The City of South Lake Tahoe (City) is engaged in a collaborative interagency partnership to meet the Tahoe Regional Planning Agency thresholds and install Best Management Practices for the multi-benefit Tahoe Valley Stormwater and Greenbelt Improvement Project (Project).

B. The Project (EIP# 01.01.01.0033) is included on the priority list for watershed and water quality improvement projects within the Lake Tahoe basin.

C. The Department of Public Works requested TRPA release $95,000.00 in TRPA Water Quality Mitigation Funds and authorize those funds for constructionrelated costs of the Project.

D. The Department of Public Works requested TRPA release $65,000.00 in TRPA Water Quality Interest Mitigation Funds and authorize those funds for designrelated costs of the Project.

E. At the August TRPA Governing Board meeting, the City’s request to release and authorize TRPA Mitigation Funds as described in items C and D, herein, were approved.

F. Public Works staff submitted a Supplemental Environmental Project (SEP) grant application on January 26, 2024, to the Lahontan Regional Water Quality Control Board (LRWQCB) for implementation funding for Phase 2 of the Project. City Council ratified that application on February 27, 2024 (Resolution 2024-024).

G. In May 2024, the City was advised that a Settlement Agreement was reached between Deacon Construction, LLC and LRWQCB. Under the Stipulated Order, LRWQCB authorized part of the imposed Administrative Civil Liability penalty amount to be used to fund the SEP proposed by the City for Phase 2 of the Project.

H. Deacon Construction, Inc. requested a side agreement with the City to ensure actions required by the City on behalf of the Settlement Agreement are completed as agreed upon.

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 acceptance of $95,000 in TRPA Water Quality Mitigation Funding and $65,000 in Water Quality Interest Mitigation Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project.
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Resolution 2024-XXX September 10, 2024 Page 2 of 2

2. Authorizes the acceptance of $75,000 in SEP Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project.

3. Authorizes the Director of Finance to appropriate the accepted funding to the following Project accounts.
301-40030 Revenue (33312) TRPA Water Quality Mitigation Funds (+) $95,000.00 301-40030 Revenue (33324) TRPA Water Quality Interest Mitigation Funds (+) $65,000.00 301-40030 Revenue (36278) Legal – Reimbursements/Settlements (+) $75,000.00 301-40030 Expenditure (48030) Tahoe Valley, Construction (+) $170,000.00 301-40030 Expenditure (48020) Tahoe Valley, Design (+) $ 65,000.00

4. Authorizes and Directs the Mayor to execute the “Agreement Related to Barton Basin Supplemental Environmental Project” (Side Agreement) between Deacon Construction LLC and the City of South Lake Tahoe, attached hereto as Exhibit “A.”

5. Authorizes and Directs the City Manager to take any further actions necessary for completion of the Supplemental Environmental Project funding acceptance.

Adopted by the City Council of the City of South Lake Tahoe on September 10, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
_______________________ Date: _______________
Cody Bass, 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
277
4227660.1

AGREEMENT RELATED TO BARTON BASIN

SUPPLEMENTAL ENVIRONMENTAL PROJECT
This Agreement Related to Barton Basin Supplemental Environmental Project (“Agreement”) is made by and between Deacon Construction, LLC (“Deacon”), on the one side, and the City of South Lake Tahoe (“City”) on the other side. Deacon and the City are hereinafter each referred to as a “Party” or collectively as the “Parties.”

RECITALS
A. WHEREAS, Deacon, along with other parties (collectively with Deacon, the “Permittees”), anticipates entering into a Settlement Agreement and Stipulated for Entry of Administrative Civil Liability Order (“Stipulated Order”) with the Regional Water Quality Control Board for the Lahontan Region (“Lahontan Water Board”) in May of 2024 to settle alleged violations of the General Waste Discharge Requirements and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity in the Lake Tahoe Hydrologic Unit, Counties of Alpine, El Dorado, and Placer (“General Permit”), Order No. R6T-2016-0010.

B. WHEREAS, under the Stipulated Order, the Lahontan Water Board authorized part of the imposed Administrative Civil Liability penalty amount to be used to fund a Supplemental Environmental Project (“SEP”) proposed by the City called the Barton Basin Excavation portion of the Tahoe Valley Stormwater and Greenbelt Improvement Project (“Barton Basin SEP”). The approved amount (“SEP Amount”) was seventy-five thousand dollars ($75,000).

C. WHEREAS, the Barton Basin SEP, part of a larger project designed to help meet the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (“TMDL”) program, is designed to allow storm water to spread out, infiltrate, and reduce sediment and nutrients, thus improving the quality of the storm water that enters Lake Tahoe. The Barton Basin SEP was determined to have sufficient nexus to the alleged violations because the project is located in the same watershed as the Sugar Pine Village construction site. This SEP would specifically fund the excavation of the Water Quality Basin at Barton Avenue and 4th Street.

D. WHEREAS, the City, as the SEP Recipient, will implement the Barton Basin SEP on behalf of the Permittees. The Lahontan Water Board will provide oversight of the Barton Basin SEP, which may include, but is not limited to, updating regulatory and records databases, reviewing and evaluating progress, conducting site inspections, reviewing the final completion report, and verifying appropriate expenditure of the SEP Amount. The Permittees are responsible for any charged costs for any reasonable and necessary Lahontan Water Board staff oversight, which is not included in the SEP Amount.

E. WHEREAS, the Barton Basin excavation portion is estimated to cost $82,000. Any shortfall in funding for the Barton Basin excavation construction will be supplemented with City or by grant funding for the Tahoe Valley Stormwater and Greenbelt Improvement 278
August 29, 2024
SEP Agreement

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South Lake Tahoe City CouncilSeptember 10, 2024

South Lake Tahoe City Council
September 10, 2024