City Council
Cody Bass, Mayor
Tamara Wallace, Mayor Pro Tem
Cristi Creegan, Councilmember
Scott Robbins, Councilmember
Devin Middlebrook, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.
City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, November 5, 2024 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe ------------------------------------------------------------------------------------------------------- AMENDED AGENDA - Moving Agenda Item: Heavenly Area AnnexationOrdinance Pre-zoning 90 Parcels, General Plan Amendment, Resolution Initiating Annexation Proceedings under Public Hearing
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us02web.zoom.us/j/86373625897
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 1 1. Proclamation Recognizing November 2024 as "Youth Homeless Outreach Prevention Education (HOPE)" Month
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: 863 7362 5897. 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 in-person 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 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 Tahoe Youth and Family Services recognizing November 2024 as "Youth HOPE" month.
2 2. Radon Presentation
3. Regular City Council Meeting Minutes
4. 2025 City Council Meeting Schedule
5. Annual Arts, Culture, and Tourism Commission, and Parks & Recreation Commission Reports to City Council
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1- Executive Summary.pdf
2024 Youth HOPE Proclamation
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Presentations
Requested Action / Suggested Motions: Receive presentation by Jeff Miner of Radon at Tahoe.
Responsible Staff Member(s): Jeremy Harrison, Building Official Item 2- Executive Summary.pdf
01-List of Cities and Counties with RRNC.xlsx
02-Presentation Talking Points
03-Presentation
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.
Comments shall be limited to three (3) minutes.
The consent agenda consists of items of a repeating or routine nature considered under a single action.
Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Pass a Motion approving the minutes for the October 22, 2024, Regular City Council meeting.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 3- Executive Summary.pdf
10 22 2024 City Council Meeting Minutes.pdf
Requested Action / Suggested Motions: Pass a Resolution adopting the 2025 City Council regular meeting schedule.
Responsible Staff Member(s): Susan Blankenship, City Clerk, and Joseph Irvin, City Manager Item 4- Executive Summary.pdf
01-Staff Report - 2025 City Council Meeting Schedule.docx 02-Resolution - 2025 City Council Meeting Schedule
03- Exhibit A 2025 City Council Meeting Schedule.pdf
Requested Action / Suggested Motions: Receive & File.
CEQA Determination: This action is categorically exempt from review under CEQA Guidelines 3 6. Annual Planning Commission and Airport Land Use Commission Report to City Council
7. Annual Police Advisory Commission Report to City Council
8. Acceptance of Grant from Highway Safety Improvement Program for Pioneer Trail Safety Improvement Project
9. American Rescue Plan Act (ARPA) Funding Transfer to the Upper Bijou Park Creek Watershed Restoration Project, California Tahoe Conservancy License Agreement Execution, and Construction Contract Award for Rockwood to Blackwood Drainage Improvements Project section 15061(b)(3) (common sense exemption).
Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 5- Executive Summary.pdf
01-Staff Report Arts, Culture & Tourism Annual Report.docx 02-Staff Report Parks & Recreation Commission Annual Report.docx Requested Action / Suggested Motions: Receive and File
CEQA Determination: This action is categorically exempt from review under CEQA Guidelines section 15061(b)(3) (common sense exemption).
Responsible Staff Member(s): Gretchen Schooleman, Assistant Planner Item 6- Executive Summary.pdf
01-2023-2024_AnnualPCReport_Staff_Report .docx
Requested Action / Suggested Motions: Receive and File.
CEQA Determination: This action is categorically exempt from review under CEQA Guidelines section 15061(b)(3) (common sense exemption).
Responsible Staff Member(s): David Stevenson, Chief of Police Item 7- Executive Summary.pdf
Item 7- PAC Report.pdf
01- STAFF REPORT PAC Annual Report 110524.docx
Requested Action / Suggested Motions: Pass a Resolution Accepting Highway Safety Improvement Program (HSIP) funding in the amount of $103,590 and appropriating $11,410 from General Fund Undesignated Excess Reserves for the Pioneer Trail Safety Improvement Project.
CEQA Determination: This project is categorically exempt from review under CEQA Guidelines section 15304 (minor alteration to land).
Responsible Staff Member(s): Stephen Anderjack, Associate Civil Engineer Item 8- Executive Summary.pdf
01-Staff_Report_-_Pioneer_Trail_HSIP Acceptance.docx
02-Resolution - Pioneer Trail Safety Improvement Project Grant Acceptance.docx 03-CON E-76.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Finance to: 1) transfer $173,545 in ARPA funds to the Upper Bijou Park Creek Watershed Restoration Project; 2) authorizing and directing the Mayor to execute the License Agreement with the California Tahoe Conservancy; and 3) authorizing and directing the Mayor to execute the Construction Contract with FW Carson Co. for Rockwood to Blackwood Drainage Improvements Project for $1,750,042.01 and a 10% contingency of $175,042.01.
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): Brianna Greenlaw, Associate Civil Engineer and Jason Burke, Complete Streets Program Manager
Item 9- Executive Summary.pdf
01-Staff Report - Upper Bijou Park Creek Watershed Restoration Project.docx 02-Resolution - Transfer Funds.doc
03-Conservancy License Agreement.pdf
4 10. Subrecipient Agreement with Tahoe Coalition for the Homeless for Use of Prohousing Incentive Program Funds for Rehabilitation of Three Homekey Properties (Bear's Den, Bird's Nest, and Red Lodge)
11. Purchase of Freightliner Dump Truck from Velocity Truck Center
12. Ratification of Grant Application to California Department of Alcoholic Beverage Control for Alcohol Policing Partnership
13. Quarterly Update on the Affordable Housing Waitlist
14. Financing Agreement with Banc of America Public Capital Corp for Energy Upgrade Project Equipment Acquisition
04-Agreement with FW Carson.docx
Requested Action / Suggested Motions: 1) Pass a Motion authorizing and directing the Mayor to execute a Subrecipient Agreement with Tahoe Coalition for the Homeless to administer the funds and execute the scope of work for the Prohousing Incentive Program funds; and 2) Pass as Resolution authorizing the Finance Director to appropriate a total of $120,000 into the revenue and expense budget line items for the PIP award for the expenditures to Tahoe Coalition for the Homeless.
CEQA Determination: This action is categorically exempt from review under CEQA Guidelines Section 15301, Existing Facilities
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 10- Executive Summary.pdf
01-Staff Report - Subrecipient Agreement with TCH.docx
02 - Resolution - Budget Appropriation.docx
03 - Subrecipient Agreement_PIP_TCH.docx
Requested Action / Suggested Motions: Pass a Motion to authorizing and directing the Mayor to execute a Purchase Order with Velocity Truck Center to purchase one 2025 Freightliner Dump Truck for $199,968.41.
Responsible Staff Member(s): Anush Nejad, Director of Public Works, Phil Harwood, Fleet Manager Item 11- Executive Summary.pdf
01-Staff Report - Dump Truck.docx
02- Sourcewell Agreement.pdf
03 - Velocity Dump Truck Purchase Order
04 - Advanced Clean Fleets Regulation - ZEV Milestones Option.pdf Requested Action / Suggested Motions: Pass a Resolution ratifying the application, authorizing the Chief of Police to accept and execute agreement, budget, and reimbursement of grant award by California Department of Alcoholic Beverage Control in amount up to $37,400.00 to facilitate extra enforcement for alcohol-related offenses for Federal fiscal year 2024/2025, effective October 1, 2024 and ending August 31, 2025.
Responsible Staff Member(s): LT. Doug Sentell
Item 12- Executive Summary.pdf
01 - Staff Report - ABC Grant 24-25.docx
02 - Resolution - ABC Grant 24-25.docx
03-Grant Agreement
04 - ABC OTS Exhibits.pdf
05 - South Lake Tahoe Notification Letter.pdf
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member(s): Lydia Zuniga, Associate Management Analyst Item 13- Executive Summary.pdf
01-Staff Report - Quarterly Update.docx
Public Hearing
5 15. Heavenly Area Annexation - Ordinance Pre-zoning 30 Parcels, General Plan Amendment, and Resolution Initiating Annexation Proceedings
16. Property Tax Revenue Agreement with El Dorado County for Cleanup Annexation Requested Action / Suggested Motions: (1) Pass a Resolution authorizing and directing the Mayor to execute an Energy Facilities Financing Contract in the form of an Equipment Schedule No.1 and an Escrow and Account Control Agreement and related documents with Banc of America Public Capital Corp in the principal amount of $7,973,000 to acquire facility improvements for energy upgrade project and making required findings; and (2) Pass a Resolution approving FY 2024-2025 final budget appropriations for 2024 Banc of America Public Capital Corp Financing Agreement Proceeds and Energy Savings Contract with Willdan.
CEQA Determination: This action is categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities).
Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 14- Executive Summary.pdf
01-Staff Report - Energy Upgrades Project Financing.docx 02-Resolution 2024 Energy Project Financing Approval.docx 03-Resolution Energy Savings Budget Appropriations.docx 04-Equipment Schedule No. 1 Energy Services Equipment.docx 05-Escrow Agreement.docx
06-Memorandum of Understanding CSLT BAPCC Willdan.docx
07-Payment Schedule.pdf
08-Public Notice BOA Financing Agreement.pdf
09-Master Lease Agreement April 2023.pdf
Requested Action / Suggested Motions: (1) Pass Motion to hold first reading (by title only) of an Ordinance pre-zoning of 30 parcels for subsequent annexation of such parcels, and amending City Code Title 6, Chapter 6.55, Article II, Section 6.55.120, and refer second reading and adoption to November 19, 2024; (2) Pass a Resolution amending the General Plan Figure LU-1, Land Use Diagram to show the zoning of the parcels to be annexed and expanded Sphere of Influence to include the annexation area; and (3) Pass a Resolution initiating proceedings for the annexation of such parcels.
CEQA Determination: This action is categorically exempt pursuant to CEQA Guidelines section 15319 (Annexation of Existing Facilities and Lots for Exempt Facilities).
Responsible Staff Member(s): John Hitchcock, Planning Manager Item 16- Executive Summary.pdf
01-Staff Report-Annexation of Properties.docx
02-Proposed Annexation Area.pdf
03-Parcel Ownership.pdf
04-TRPA Land Use Designation.pdf
05-TRPA Plan Area Statements.pdf
06-Ordinance Redline.docx
07-Ordinance - Heavenly Annexation (First Reading).docx 08-Resolution - General Plan Amendment Annexation.docx
09-Resolution - Initiating Annexation Proceedings.docx
10-Proof of Mailing 20241018.pdf
11-Tribune Proof of Publication.pdf
12-PC_Reso_024-022_Heavenly_Annexation.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: Hold a public hearing and pass a Resolution agreeing on the transfer of property tax base and distribution of tax increment with respect to El Dorado LAFCO Project Number 2024-1 ("Cleanup Annexation") and making findings regarding the effect of the proposed transfer on fees, charges, assessments, taxes, or other revenues.
CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15319 6 17. South Lake Tahoe Tourism Improvement District Annual Report for Fiscal Year 2023-2024
18. Agenda Planning Calendar
(annexation of existing facilities and lots for exempt facilities).
Responsible Staff Member(s): Heather Stroud, City Attorney, and Joseph Irvin, City Manager Item 15- Executive Summary.pdf
01 - Staff Report.docx
02 - Resolution - Cleanup Annexation Tax Sharing Agreement.pdf 03 - Response from City Manager to Campground Owners.pdf 04 - Campground Request to Revise Annexation.pdf
05 - Resolution 2024-041 Initiating Proceedings of Annexation.pdf 06 - Fiscal Impact Analysis Memo 10-16-23.pdf
07-Public Notice
Regular-New Business
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Andrew Black, Financial Services Supervisor Item 17- Executive Summary.pdf
01-Staff Report - SLT TID Annual Report.docx
02-Annual Report.pdf
03-SLTTID Annual Audit Report.pdf
04-Reso No. 2019-059 SLTTID.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): Joseph Irvin, City Manager, and Susan Blankenship, City Clerk Item 18- Executive Summary.pdf
APC - 10 31 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 amended agenda for the Tuesday November 5, 2024, Regular City Council Meeting was posted and available for review on Friday, November 1, 2024, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150.
The agenda was also available on the City's website at https://www.cityofslt.us.
Signed November 1, 2024
\\sb\\ Susan Blankenship, Elected City Clerk
7 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:1
Agenda Item: Proclamation Recognizing November 2024 as "Youth Homeless Outreach Prevention Education (HOPE)" Month
Executive Summary: On October 22, 2024, City Council provided consensus to the City Clerk to issue a Proclamation recognizing Youth HOPE month.
Requested Action / Suggested Motions: Issue a Proclamation to Tahoe Youth and Family Services recognizing November 2024 as "Youth HOPE" month.
Responsible Staff Member: Susan Blankenship, City Clerk Attachments:
2024 Youth HOPE Proclamation
8 City of South Lake Tahoe
Recognizes November 2025 as
“Youth Homelessness, Outreach, Prevention, and Education Month” Whereas, November is now recognized as Youth Homelessness, Outreach, Prevention, and Education (HOPE) Month, previously known as National Runaway Prevention Month.; and
Whereas, between 1.6 million and 2.8 million young people experience homelessness in a single year. These youth come from diverse backgrounds, but they all share one commonality: their home environments are unsafe and unhealthy. A significant percentage of homeless youth have experienced physical, sexual, and/or emotional abuse, and they are often re-victimized and exploited while living on the streets.; and Whereas, the future of our nation is closely tied to how we value and support our youth.
It is vital to create and provide opportunities that enable young people to acquire the knowledge, skills, and abilities they need to thrive. This includes access to quality education, housing programs, and supportive services that foster personal growth and community engagement.; and
Whereas, when we collaborate, we can effectively address the situations that contribute to youth homelessness. It is important to encourage adults to serve as mentors and role models for young people, helping them navigate available resources and fostering safe, healthy, and constructive choices.; and
Whereas, Tahoe Youth and Family Services works diligently in increasing public awareness, advocating on behalf of, and providing HOPE to vulnerable young individuals within the community through essential support services, housing, and counseling to address the needs of these young people; and
Now, therefore, the City Council of the City of South Lake Tahoe does hereby proclaim November 2024 as “Youth HOPE Month” in South Lake Tahoe and calls upon all citizens to join in preventing and curtailing youth homelessness in our community. ______________________ ________________________
Cody Bass, Mayor Susan Blankenship, City Clerk
9 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:2
Agenda Item: Radon Presentation
Executive Summary: On September 12, 2023, a request was received by Jeff Miner to provide an informational presentation regarding radon. Former City Councilmember Friedrich (Bass second) requested a presentation be brought back to City Council.
Requested Action / Suggested Motions: Receive presentation by Jeff Miner of Radon at Tahoe.
Responsible Staff Member: Jeremy Harrison, Building Official Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-List of Cities and Counties with RRNC.xlsx
02-Presentation Talking Points
03-Presentation
10 List of 154 US Cities and Counties with RRNC - Radon Resistant New Construction ordinances as of 2017 as of 10.3.2024 Source: This data was taken from the EPA "historic" web site as it existed on January 19, 2017 https://19january2017snapshot.epa.gov/radon/building-codes-radon-resistant-new-construction-rrnc_.html 154 Cities and Counties City Twenty (20) States and three (3) Districts/Territories do not have statewide or local jurisdictions that have RRNC Codes.
County Seven (7) states have statewide RRNC Codes that apply to certain designated jurisdictions. 30 States State Nineteen (19) states do not have statewide RRNC codes, but do have local jurisdictions that have RRNC codes Four (4) states do have statewide RRNC Codes, but local jurisdictions must adopt them.
State of Alabama State AL No Statewide code for RRNC
1 City of Decatur City AL Adopted IRC Appendix F in 2002. All new single and two-family dwellings must include a passive system. 2 City of Falkville and Hartselle City AL Adopted IRC Appendix F in 2003. All new single and two-family dwellings must include a passive system. 3 City of Muscle Shoals and City AL Adopted IRC Appendix F in 2005. All new single and two-family dwellings must include a passive system.
State of California State CA Radon testing, mitigation plans for new construction. Building permits not issued until compliance met. California Health & Safety Code § 105430 State Department of Health CA
State Department of Health has the authority to adopt E PA RRNC standards unless the Department of Housing and Community Development adopts standards, in which case only the latter standards may be adopted; California Health and Safety Code Section 105430 (a)
3.1 East Palo Alto City CA Adopted IRC Appendix AF in 2023. All new single and two-family dwellings must include an active system with testing prior to Final.
State of Colorado State CO No Statewide code for RRNC
4 City of Aspen City CO Adopted Appendix F 2003 IRC for all new residential construction and additions. 5 City of Fort Collins City
CO
Adopted IRC Appendix F with local amendment in 2005 and extended RRNC requirements to multi-family dwellings in 2008. All new single and multifamily dwellings must include a passive system. See Fort Collins Municipal Code section 5-30 (102) for single-family and section 5-27 (45) for multi-family requirements. Commercial dwellings comply with 2006 International Building Code radon standards. 6 Dillon, City CO Require RRNC per Appendix F of the IRC 7 Frisco, City CO Require RRNC per Appendix F of the IRC 8 Golden, Gunnison, City CO Require RRNC per Appendix F of the IRC 9 Lakewood, City CO Require RRNC per Appendix F of the IRC 10 La Veta, City CO Require RRNC per Appendix F of the IRC 11 Longmont, City CO Require RRNC per Appendix F of the IRC 12 Ridgway, City CO Require RRNC per Appendix F of the IRC 13 Silverthorne, City CO Require RRNC per Appendix F of the IRC 14 Sterling, City CO Require RRNC per Appendix F of the IRC 15 Superior, City CO Require RRNC per Appendix F of the IRC 16 Trinidad, City CO Require RRNC per Appendix F of the IRC 17 Vail City CO Require RRNC per Appendix F of the IRC
18 Walsenburg. City CO Require RRNC per Appendix F of the IRC 19 Archuleta, County CO Require RRNC per Appendix F of the IRC 20 Boulder, County CO Require RRNC per Appendix F of the IRC 21 Breckenridge, County CO Require RRNC per Appendix F of the IRC 22 Eagle, County CO Require RRNC per Appendix F of the IRC 23 Hinsdale County CO Require RRNC per Appendix F of the IRC 24 Huerfano, County CO Require RRNC per Appendix F of the IRC 25 Las Animas, County CO Require RRNC per Appendix F of the IRC 26 Logan, County CO Require RRNC per Appendix F of the IRC 27 Pitkin County CO Require RRNC per Appendix F of the IRC 28 Summit. County CO Require RRNC per Appendix F of the IRC 11 State of Florida State
FL
In July 1995, Florida adopted the "Florida Standard for Passive Radon-Resistant New Residential Building Construction" as mandated in Part X, Chapter 553, Florida Statutes. Standard is not mandatory and must be adopted by local jurisdictions, but can be exceeded as well; (1) Florida Statutes Ann. § 404.059 (2) Florida Statutes Ann. § 553.98 Florida State RRNC Codes 29 Charlotte County County FL Appendix F of IRC adopted; Article IV, Building Regulations, Sec. 3-2-66 30 Seminole County County FL
Radon-Resistant Building Standards adopted; Code of Ordinances, Part 4, Building Code; Ord. No. 73-10, § 50, 8-28-73; Ord. No. 73-10A, § 2(a), 11-19- 73)
31 City of Dunnellon City FL Radon-resistant building mandatory for new construction; Division 1, Generally, Section 98-138; (Code 1985, § 22-48) 32 City of Hialeah Gardens City FL Enforcing the Radon Resistant New Construction annex in the Florida State Building Code 33 City of Jacksonville City FL Construction in passive radon area limits; Part I, Administration; Sec. 8-2; (Ord. No. 01-112, § 1, 7-10-01) 34 City of Lauderdale Lakes City FL Enforcing the Radon Resistant New Construction annex in the Florida State Building Code 35 City of Miami City FL Appendix F of IRC adopted; Article I, Administration; Sec 8-2 36 City of Pensacola City FL Radon resistant construction standards adopted; Code of Ordinances, Article I. In General, Sec. 14-1-3. (Ord. No. 19-02, § 1, 9-12-02) 37 City of Sanibel (Sanibel Island) City FL
Radon-Resistant Building Standards adopted; Code of Ordinances, Article V. Standards, Sec. 14-211. (Code 1981, § 7-56; Ord. No. 97-18, §§ 1, 2, 11-4- 1997; Ord. No. 00-17, § 1, 8-1-2000)
38 City of St. Augustine City FL Radon-Resistant Building Accepted as standard; Article II, Adopted Building Codes, Sec 8-105-108 39 Augustine City FL Radon-Resistant Building Accepted as standard; Article II, Adopted Building Codes, Sec 8-105-108 State of Idaho State ID No statewide code for RRNC
40 Blaine County County ID Ordinance Number 20004-05 established the adoption of Appendix F of the IRC in December 2004. 41 City of Tetonia City ID omitted.
State of Illinois State IL The State of IL has a stae wide code.State of IL state-wide RRNC code.. 42 Kendall County County IL Adopted Appendix F 2003 IRC 43 City of Downers Grove City IL Adopted IEMA 32 Illinois Administrative Code 422.160 Regulations for Radon Service Providers 44 City of Elgin City IL Adopted IRC Appendix F in 2005 City of Elgin RRNC Codes 45 City of Montgomery City IL New houses = radon ventilation system; Code of Ordinances, Article I. In General, Sec. 6-14; (Ord. No. 1149, § 1, 10-25-04) 46 City of Niles City IL Radon resistant construction required if needed; Code of Ordinances, Article II, Building Codes, Sec 18-27, (Ord. No. 2005-06, § 2, 3-22-05) 47 City of Plainfield City IL
Crawl spaces and basements shall have a vapor barrier.; Code of Ordinances, Division 2. One and Two Family Dwelling Code, Sec. 2.5-35; (Ord. No. 1858, § I, 6-7-99; Ord. No. 1872, § I, 7-26-99)
48 City of Sterling City IL
Appendix F, Radon Controlled Methods adopted; Code of Ordinances, Division I, Generally, Sec 18-29, (Code 1982, § 6-19; Ord. No. 99-8-17, § I, 8-17-99; Ord. No. 2004-5-14, § II, 5-17-04)
49 City of Streator City IL Appendix F, Radon Control Methods adopted; (Ord. 2004/05-42 § 1 (part)) 50 City of Yorkville City IL Adopted IRC Appendix F
State of Iowa State IA No statewide code for RRNC
51 Johnson County County IA Adopted 2003 IRC Appendix F (2004) 52 Muscatine County County IA Winter 2007 adopted 2006 IRC, Appendix F; previously operated under 2000 IRC, which was originally adopted in 2004. 53 Shelby County County IA In August 2004, Ordinance 2004-3 outlined RRNC requirements in the county. 54 City of Coralville City IA Adopted IRC 2003, Appendix F all residential buildings 55 Cities of Harlan and Muscatine City IA IRC Appendix F 56 City of Iowa City City IA Ordinance No. 02-4033 (PDF) (14 pp, 927K, About PDF) passed in 2002 adopts Appendix F. 57 City of North Liberty City IA Adopted IRC, including Appendix F (July 2005). Mandatory for all new residential buildings to include a passive system.
State of Kansas State KS No Statewide code for RRNC
58 City of Manhattan City KS Adopted IRC Appendix F
12 59 The City of Lawrence City KS Adopted IRC Appendix F. City of Lawrence City Codes (PDF)(About PDF) State of Maine State ME
If a municipality determines that a radon code or standard for new residential construction must be adopted by that municipality, that municipality must adopt a radon code or standard recommended by the American Society for Testing and Materials or a successor organization. Currently, this code is ASTM 1465. Maine RRNC Codes
State of Maryland State MD Md. Public Safety Code §§12-503 Go to the Code page Md. Admin. Code §05.02.07.04(C)(1) Go to the Code page
60 Baltimore County County MD Adopted IRC 2003, Appendix F, and currently in the process of switching to IRC 2006 61 Frederick County County MD In April 2002, adopted IRC Appendix F with minor local amendment Fredrick County RRNC Codes 62 Howard County County MD Radon control methods prescribed in Appendix F, shall apply to the construction of a new residential building; Code of Ordinances, Subtitle I: Building Code, Section 3.102; (C.B. 47, 2000; C.B. 16, 2001; C.B. 53, 2004; C.B. 4, 2005, § 2) 63 Montgomery County County MD IRC 2003 Appendix F
64 Washington County County MD Ordinance enacted on July 26, 2005 to adopt 2003 IRC including Appendix F, Radon Control Measures. Guidance for RRNC for Zone 1 designation as determined by locally available data or Figure AF101 (EPA Radon Zone Map), but not mandatory in county. 65 City of Rockville City
MD In 1995, Rockville, Md., adopted and amended its one- and two-family dwelling code. This regulation requires radon mitigation in newly constructed detached and semi-detached single-family dwellings and townhouses (single family dwellings attached side to side). The requirement also includes basement and ground floor additions to existing dwellings, as well as conversions of grade-slab garages, carports, porches, etc. to living space.
State of Massachusetts State MA No statewide code for RRNC 66 County of Essex County MA Adopted IRC Appendix F
67 County of Middlesex County MA Adopted IRC Appendix F 68 County of Worcester County MA Adopted IRC Appendix F State of Michigan State MI Michigan State Housing Development Authority (MSHDA) MSHDA requires a site-specific environmental screening for all development proposals being considered for financing, which includes RRNC in Zone 1 areas. Michigan RRNC Codes 69 Branch County MI RRNC (IRC Appendix F)
70 Calhoun County MI RRNC (IRC Appendix F)
71 Cass County MI RRNC (IRC Appendix F)
72 Hillsdale County MI RRNC (IRC Appendix F)
73 Jackson County MI RRNC (IRC Appendix F)
74 Kalamazoo County MI RRNC (IRC Appendix F)
75 Lenawee County MI RRNC (IRC Appendix F)
76 St. Joseph County MI RRNC (IRC Appendix F)
77 Washtenaw County MI RRNC (IRC Appendix F)
State of Minnesota State MN Effective August 2007, the commissioner of labor and industry shall adopt rules for radon control as part of the State Building Code for all new residential buildings.
These rules shall incorporate the radon control methods found in the IRC Appendix F as the model language, with necessary amendments to coordinate with the other adopted construction codes in Minnesota. Minnesota RRNC Codes State of Missouri State MI No statewide code for RRNC
78 City of Columbia City MI Adopted IRC Appendix F
79 City of Smithville City MI Adopted IRC Appendix F
80 City of St. Joseph City MI Adopted IRC Appendix F
13 81 City of Grain Valley City MI Adopted IRC Appendix F 82 City of Kearney City MI Adopted IRC Appendix F
83 City of Maryville City MI Adopted IRC Appendix F
84 City of Brentwood City MI Adopted IRC Appendix F
85 City of Berkley City MI Adopted IRC Appendix F
86 City of Mound City City MI Adopted IRC Appendix F
87 City of St. Louis City City MI Adopted IRC Appendix F 88 City of O
Fallon City MI Adopted IRC Appendix F
89 City of Weatherby Lake City MI Adopted IRC Appendix F 90 City of Webster Groves City MI Adopted IRC Appendix F 91 City of Wentzville City MI Adopted IRC Appendix F
92 City of Independence City MI Adopted IRC Appendix F
93 City of Raymore City MI Adopted IRC Appendix F
94 Clay County County MI Adopted IRC Appendix F
95 Jackson County County MI Adopted IRC Appendix F
96 Platte County County MI Adopted IRC Appendix F
State of Montana State MT Department of Environmental Quality MT DEQ has established a long-term goal for the adoption of RRNC code (such as the CABO code). Montana Radon Guidelines (PDF)(About PDF)
97 City of Billings City MT Analysis of ventilation and radon; Code of Ordinances, Appendix F Required Supporting Documents for Major/Minor Preliminary Plat Locations State of Nebraska State NE No statewide code for RRNC
98 Hastings, City NE Enforces IRC Appendix F
99 McCook, City NE Enforces passive radon resistant new construction techniques as part of building code 100 Carol, City NE
101 Madison, City NE
102 Norfolk, City NE
103 Pender City NE
104 Stanton City NE
105 City of Wayne City NE
State of New Jersey State NJ
New Jersey Department of Environmental Protection (DEP) N.J.A.C. 5:23-10 requires that all buildings of use Group E and R as defined by the building sub code must be built using RRNC if they are in Tier 1 municipalities as listed in the sub code. Applies to 8 municipalities: Greenwich Township, Hardyston Township, Mine Hill Township, Pilesgrove Township, Washington Township, Woolwich Township, Riverdale Borough, Swedesboro Borough. A municipality is defined as Tier 1 if 25% or more of the homes tested in the municipality have radon concentrations of 4 pCi/L or higher. 26:2D-80 -- The Department of Community Affairs is authorized to enter into an agreement with a public or private agency to carry out testing for radon gas and radon progeny at the sites of residential dwellings, the construction of which is in progress or commences on or after the effective date of this act, and to provide funding for that testing, provided that each $1.00 of that funding is matched by $1.00 from other public or private sources. NJ Radon Hazard Subcodes (PDF)www.njradon.org(About PDF) 106 Greenwich Township City NJ must be built using RRNC if they are in Tier 1 municipalities 107 Hardyston Township City NJ must be built using RRNC if they are in Tier 1 municipalities 108 Mine Hill Township City NJ must be built using RRNC if they are in Tier 1 municipalities 109 Pilesgrove Township City NJ must be built using RRNC if they are in Tier 1 municipalities 110 Washington Township City NJ must be built using RRNC if they are in Tier 1 municipalities 111 Woolwich Township City NJ must be built using RRNC if they are in Tier 1 municipalities 112 Riverdale Borough County NJ must be built using RRNC if they are in Tier 1 municipalities 14 113 Swedesboro Borough County NJ must be built using RRNC if they are in Tier 1 municipalities State of New Mexico State NM No statewide code for RRNC 114 City of Alamogordo City NM Radon Control Methods (Appendix F) adopted; Code of Ordinances; Article 8-03, Sec. 8-03-30; (Ord. No. 1114, § 6, 3-27-01; Ord. No. 1189, § 5, 12-9-03) 115 City of Caledonia City NM Radon Control Methods adopted: Local Law No. 2 of the Year 2000 Radon Control Methods Section 95-100 through 95-103.11 116 City of Lima City NM Radon Control Methods adopted: Local Law No. 1 of the Year 2000 Radon Control Methods Chapter 200 State of Ohio State OH No statewide code for RRNC
117 City of Canal Winchester City OH Adopted IRC Appendix F 118 City of Dublin City OH Title XV, Chp. 150, § 0.001 in Dublin s Code of Ordinances establishes the adoption of IRC Appendix F www.amlegal.com/nxt/ State of Oklahoma State OK No statewide code for RRNC
119 Oklahoma City City OK
Radon Control Methods (Appendix F) adopted; Code of Ordinances, Article III, Residential Construction, (Code 1980, § 12-84; Ord. No. 19060, § 1, 8-30- 88; Ord. No. 19609, § 1, 7-9-91; Ord. No. 20620, § 1, 7-9-96) State of Oregon State OR
Oregon has adopted the 2009 IRC Appendix F with certain modifications for R-3 occupancies. In addition, we have adopted a new section 1812 in the Oregon Structural Specialty Code (OSSC) using Appendix F as a model. The OSSC is based on the 2009 IBC.This was done at the direction of the Oregon legislature for listed counties and specific to R-3 and R-2 residential occupancies with an effective date of April 1, 2011. Radon mitigation measures are also required for all new public buildings effective April 1, 2013. The legislature directed the Building Codes Division to adopt these standards as of January 1, 2011. Link to the backgrounder and code sections adopted. Adopted 2009 IRC Appendix F. Additional counties may be added as specified in Chapter 83, 2010 Oregon Laws (Senate Bill 1025), Section 2. 120 Baker County OR
121 Clackamas County OR
122 Hood River County OR
123 Multnomah County OR
124 Polk County OR
125 Washington County OR
126 Yamhill County OR
State of Pennsylvania State PA No statewide code for RRNC 127 Townships of Amity, City PA Adopted IRC Appendix F
128 East Earl, City PA Adopted IRC Appendix F
129 East Hempfield, City PA Adopted IRC Appendix F
130 Ephrata, City PA Adopted IRC Appendix F
131 Hanover, City PA Adopted IRC Appendix F
132 Manheim, City PA Adopted IRC Appendix F
133 Martinsburg Borough; County PA Adopted IRC Appendix F 134 Mount Pleasant. City PA Adopted IRC Appendix F
135 Peters, City PA Adopted IRC Appendix F
136 Pequea, City PA Adopted IRC Appendix F
137 and Warrington, City PA Adopted IRC Appendix F
138 West Hempfield. City PA Adopted IRC Appendix F
139 City of Easton. City PA Adopted IRC Appendix F
15 State of Rhode Island State RI Radon-resistant construction standards; Regulations establishing radon standards for air and water; Rhode Island General Laws §§ 23- 61 et seq.
State of South Carolina State SC No statewide code for RRNC 140 Greenville County County SC As a Zone 1 county, has been implementing RRNC under the IRC. South Carolina RRNC Codes No statewide code for RRNC
State of Tennessee State TN August 8, 1999 City of Brentwood became first city in TN to adopt RRNC code. Requires "passive radon barriers in all new construction" City of Brentwood RRNC Codes (PDF)(About PDF)
141 City of Brentwood City TN
Commonwealth of Virginia State VA
Authorizes state to promulgate a Uniform State-wide Building Code. Enforces the radon-resistant new construction provision; Virginia Code Ann. § 36-
98. The 2003 Edition of the Virginia Construction Code (effective 11/16/05) requires group R-3 and R-4 structures to meet requirements of Appendix F of IRC Virginia State RRNC Codes (PDF)(About PDF)
State of Virginia - 2000 Uniform
Building Code
State VA
R329.1. General. Following official action under Article 7 (§ 15.2-2280 et seq.) of Chapter 22 of Title 15.2 of the Code of Virginia by a locality in areas of high radon potential, as indicated by Zone 1 on the U.S. EPA Map of Radon Zones (IRC Figure AF101), such locality shall enforce the provisions contained in Appendix F. Exemption: Buildings or portions thereof with crawl space foundations which are ventilated to the exterior, shall not be required to provide radon-resistant construction.
State of Virginia - 2000 Uniform
Building Code
State VA
Amended the Land Development Regulations, Section 802, Zoning and Building Permit Procedures, to add 802.02-3 (g) Radon Resistant Construction, as a provision for all new one and two family dwellings constructed in the County, in accordance with R329.1 of the Uniform Statewide Building Code, October 25, 2004.
142 Rockbridge County County VA Adopted IRC Appendix F
143 Shenandoah County County VA Radon-resistant construction required for climatic and geographic design; Code of Ordinances, Article II, Uniform State-wide Building Code, Section 6- 208
144 City of Blacksburg City VA
State of Washington State WA
Requirement for maintaining indoor air quality in newly constructed residences, indoor pollutant source control, minimize radon through construction; Revised Code of Washington § 19.27. 190 (applies to Zone 1 counties including Ferry County, Okanaogan County, Pend Orielle County, Skamania County, Spokane County, and Stevens County). Rev. Code Wash. 19.27.031, 19.27.074 Exit Wash. Admin. Code 51-51-60101 145 Ferry County County WA RRNC
146 Okanaogan County, County WA RRNC
147 Pend Orielle County County WA RRNC
148 Skamania County, County WA RRNC
149 Spokane County County WA RRNC
150 Stevens County County WA RRNC
State of West Virginia State WV No statewide code for RRNC 151 Berkeley County County WV Berkeley County
s Building Code Ordinance revised June of 06 adopted IRC Appendix F. 152 Jefferson County County WV On May 15 2006, adopted a building code enforcement ordinance resolution to adopt IRC Appendix F effective October 2006.
State of Wisconsin State WI No statewide code for RRNC
153 City of Madison City WI Protection from radon gas = building standard; Code of Ordinances, 4.22 - The Madison Affordable Housing Trust Fund State of Wyoming State WY No statewide code for RRNC
154 Teton County County WY § 6, subsection B of the County s Building Codes Resolution adopts IRC Appendix F Building Codes Resolution (PDF)(About PDF) 16 9.25.24
Radon Presentation - 4
to City Council, South Lake Tahoe
on November 5, 2024
1. Intro
City Council Members and Mayor: Thank you. I want to advocate for a radon ordinance in our building codes. Appendix AF of the International Residential Codes would require new single and two family residential houses to be built using Radon Resistant techniques and to be tested in order to pass the final inspection. And I want to introduce Cameron Depoke with Environmental Inspections who is licensed radon contractor if you have questions about the actual installations.
2. What is radon?
Radon is a colorless and odorless gas that is part of the radioactive decay process of Uranium.
Uranium is found naturally in certain soil types and one of which is granite, the basic geology of the entire Sierra Nevada Mountain Range. Uranium decays to Radium, then to Radon and then to Radon isotopes, or Radon Daughters. Uranium and Radium are heavy metals that stay in the ground. Radon, however is a gas and can migrate up the surface where enter our homes and buildings.
3. How does it get into our homes?
First it migrates up through cracks and pathways in the soil. If you happen to build your house over one of these pathways you will have high radon while your neighbor may have low radon because he did not build his house is not over a vent. Unfortunately these “vents” are undetectable until you build a house over them which sucks the radon in because of the stack effect, heat rising.
4. Is Radon dangerous?
Radon decay particles have negative charges so they attach to dust particles in the air which we breathe in and that puts them in direct contact with the cells in our lungs. When any radioactive isotopes decay they give off bursts of alpha particles that can cause harm to nearby tissue and can cause mutations in those damaged cells. The risk of cancer increases with the length of exposure and the amount of concentration. Lung cancer is the problem.
5. A Class I carcinogen.
The US Surgeon General has designated Radon as a Class I carcinogen, similar to cigarette smoke. In fact Radon is the second leading cause of lung cancer after cigarette smoking.
6. History: It’s important to know how we got here
I’ve been a resident here at the South Shore since the early 1970’s. My wife and I started Grass Roots Natural Foods, and I finished my working career at Lake Tahoe Unified School District. I first became concerned about Radon in 2004 when I tested my house and found that I had been living with high radon for 24 years without knowing it. I did some research, read some books, and was able to mitigate my house myself. I realized that other people needed to be made aware about 17 radon and I saw a business opportunity. I got certified as a radon mitigator in California and ran a business, Radon At Tahoe, for about 16 years, selling these little radon testing devices, mostly on Amazon. In the process I became an advocate for radon awareness here in Tahoe.
7. California Geological Survey Tahoe Radon MAP
2006 the California Radon Program funded the California Geologic Survey to do a radon study on the Lake Tahoe Area. This resulted in the Tahoe Radon Potential Map, the first in a series radon maps in other high risk counties throughout California.
8. Zephyr Cove Elementary School
In 2007 Zephyr Cove Elementary School was in the news because they could not get their radon numbers down and parents were protesting to close the school. After multiple tries they succeeded.
9. Lake Tahoe Unified School District
In 2007 Lake Tahoe Unified School District decided to test all classrooms for radon. Many classrooms had high radon, but it was not mitigated because the air pressure of the heating and cooling system keeps the radon out.
10. USFS
In 2005 the US Forestry Service Supervisor’s building on Al Tahoe was built using a heating and cooling design which circulated air from the plenum into the office areas. In 2008 one of my customers took a tester to work and discovered high radon. The Forestry Service had to bring in radon experts to retrofit the design at considerable expense and embarrassment. This is the kind of situation that we are trying to avoid.
11. Advocacy and Presentations
South Lake Tahoe City Council
El Dorado County Board of Supervisors
UC Davis Tahoe Environmental Research Center
the Sierra Club
Soroptimists
Cancer Society
Real Estate offices, etc.
As a consultant, I helped PineWild Condominiums in Zephyr Cove, NV test their units for radon I joined the Barton Hospital Patient and Family Advisory Council to develop a brochure to be included in the basket of gifts every new mother takes home with their new baby, including a free radon test kit. We produced quite a nice brochure and the State Radon Program donated the test kits for a trial run, but unfortunately Barton Health decided not to go through with the project.
12. Then last year I noticed two new large construction projects: The City was building a workforce housing project called Sugar Pine Village and the College was building a new student dormitory. I looked into each project and found that whereas the college dorm building plans included radon reducing features, the Sugar Pine Village buildings did not. In fact Cameron’s company has the contract to radon-proof the college dormitory. I believe that all people should be safe from radon so I approached the City Manager and the City Chief Building Official with the idea of upgrading the 18 building code to include radon safety and they encouraged me to bring this to you. So that’s how we got here.
13. South Tahoe’s High Risk Geology.
If you look at the original EPA radon maps from 1980 which covered every county in the U.S. you see that the bulk of the problem is in the East and Mid West. Look at California. Only two counties:
Santa Barbara and Ventura make the high radon risk category. El Dorado County is rated as “Moderate” and this designation is still used today. Look at Iowa. Every county has high radon potential. Indeed 71% of all homes in Iowa are above the EPA Action level. However when you consider population, much of Iowa is rural. They have only 3.2 million people. California has over 39 million people. It’s population plus radon risk.
14. Radon Deaths by State
More people die from radon induced lung cancer in California than in any other state. Not because California has the highest radon, but because we have the most people. The Lake Tahoe area has both high radon risk and a high population.
15. Other County Radon Risk Maps.
The California Geological Survey did a series of radon geology maps of other high risk counties.
These show some high radon areas but many are in rural areas. Here are some radon risk maps in California.
16.South Lake Tahoe – High Radon and High Population
South Lake Tahoe just happens to be sitting in a high radon risk area. South Lake Tahoe has 21,000 residents, the highest population in the Sierra Nevada. We have 3 times the population of Mammoth Lakes, which also has high radon, but has only 7,000 residents. It is geology and population.
17. What do the Radon Tests Show?
The California Radon Program kept a data base through 2016 of every radon test sent to a lab and or conducted by a certified testing professional. There are over 60,000 tests state wide and 1,793 tests in the Lake Tahoe Basin by Zip Code. California is not particularly high in radon with about 11% of homes throughout the state testing high . But in South Lake Tahoe our 1793 tests show 41% of houses have high radon. Cameron Depoke with Environmental Inspections tells me that it is currently closer to 55%. That’s 4 out of 10 or 5 out of 10.
18. Radon Testing when buying a Home.
Radon testing is not required when buying a home because the California Hazard Report doesn’t use the new Radon Maps but instead uses the old 1980 EPA Radon Maps which show only two counties in California with high risk and all of El Dorado County, including South Lake Tahoe, as “Moderate” Radon Risk.
19. How do get radon out of an existing house?
To show you the differences in building radon out versus fixing it after the fact. 19 It requires:
Barrier cloth secured to the concrete foundation and posts with special adhesive.
Perforated French drain pipe under the cloth
Connected to ABS pipe and run to an outside a vent
On the outside of the building you mount a low wattage radon fan and you run a pipe or rain gutter down spout up to just above the roof line to vent it.
20. How do you prevent radon in New Construction?
The EPA booklet: RRNC – Radon Resistant New Construction shows in detail the standards for RRNC.
It is much cheaper and much easier if you build radon resistance into a new building while you are building it. No need for an outside fan, the fan goes in the attic out of sight. And no need for outside pipes since the pipes get run inside a utility closet like all the other plumbing. The barrier cloth can be put down before the first floor goes on, much easier to do standing up than crawling around in a crawl space. It’s a big savings for the contractor and hence the homeowner.
21. List of 154 Cities and Counties who have done what I am asking you to do.
Included in your packet.
22. What does Appendix AF do?
It requires that all new one and two family houses to use RRNC: Radon Resistant New Construction techniques and be tested for radon as part of the final inspection.
23. Summary
Adopt Appendix AF into our building codes because
1.) Radon causes lung cancer;
2.) We have a lot of radon here;
3.) We have a lot of people here;
4.) It is easy to build it out.
Thank You.
20 Build Radon Out:
Adopt Appendix AF
City Council South Lake Tahoe
November 5, 2024
by Jeff Miner
21 Appendix AF of IRC
• Requires RRNC - Radon Resistant New
Construction techniques on all new 1 and 2
family residential construction
• Requires Radon Testing as part of final
inspection.
22 Radon At Tahoe
23 What is Radon?
24 Radon Movement
25 26
27 28
U.S. Surgeon General Radon Warning
Class I Carcinogen
29 2007 Zephyr Cove Elementary School
Radon
30 2006 Tahoe Radon Study
31 2007 LTUSD Tests 450 Classrooms
32 2008 USFS Supervisor’s Building
33 USFS Lobby
34 2016 SLT City Council
35 2010 El Dorado County
Board of Supervisors
36 UC Davis TERC Lecture 2007
37 Sierra Club 2010
38 2015 SLT Cancer League
39 2012 PineWild Condominiums
40 2019 Barton Patient and Family
Advisory Council
41 Barton Newborn Radon Program
42 Barton Newborn Radon Program
43 Sugar Pine Village
SLT Work Force Housing
44 LTCC Student Dorms
45 EPA Radon Map by County 1980
46 EPA California Radon Map
47 EPA Iowa Radon Map by County
71% of homes above 4 pC/L
48 Most Radon Deaths are in California
49 Lake Tahoe
Radon
Potential
50 Palos Verdes Area of LA County
51 Santa Cruz County
52 Santa Barbara County
53 Ventura County
54 Lake Tahoe Area Radon
55 South Lake Tahoe
Radon Map
56 Douglas County Radon Tests by Zip
Codes
57 Radon Tests
58 How To Fix an Existing Building
Barrier Cloth
59 Radon Fan
60 Vent Pipe
61 Home Buyers are Not Required to Test
for Radon in “Moderate” Risk Areas
62 EPA Radon Guidelines
63 Architectural Drawings
64 Crawlspace Construction
65 Seal Seams of Barrier Cloth
66 Radon Standards for Large Buildings
67 154 RRNC Cities and Counties
68 What does Appendix AF do?
• It requires RRNC - Radon Resistant New
Construction on all new residential
construction.
• It requires Radon Testing as part of final
inspection.
69 Why Adopt Appendix AF ?
• Radon is dangerous.
• We’ve got a lot of it here.
• We have a high population.
• It’s simple to Build Radon Out.
• Testing insures it is working
Adopt Appendix AF!
Thank You!
70 Be a Hero!
Adapt Appendix AF!
71 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:3
Agenda Item: Regular City Council Meeting Minutes
Executive Summary: The City Council are asked to formally approve the meeting minutes from October 22, 2024.
Requested Action / Suggested Motions: Pass a Motion approving the minutes for the October 22, 2024, Regular City Council meeting.
Responsible Staff Member: Susan Blankenship, City Clerk Attachments:
10 22 2024 City Council Meeting Minutes.pdf
72 City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, October 22, 2024 at 5:30 p.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 Land Acknowledgement
Mayor Bass read the Washoe Tribe of Nevada and California Land Acknowledgement.
Call to Order/Pledge of Allegiance
Mayor Bass Called the meeting to order at 5:31 p.m., then led the pledge of allegiance.
Roll Call
Present were Mayor Bass, Mayor Pro Tem Wallace, and Councilmembers Creegan, Robbins, and Middlebrook.
Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.
Closed Session Report of October 22, 2024
1. Public Employee Performance Evaluation – Government Code section 54957(b)(1) Title: City Attorney
Action: No reportable action.
Written public Comment was received from the following people:
1. Lionel Hutz
2. Public Employee Performance Evaluation – Government Code section 54957(b)(1) Title: City Manager
Action: No reportable action.
Written public Comment was received from the following people:
1. Gustavus Myers
2. Dorthy Parker
3. George Marsh
3. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1) Steven Monday v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case No. ADJ13885502
Action: No reportable action.
73 The City Attorney provided additional updates on the following:
August 13, 2024 Session: Conference with Legal Counsel – Anticipated Litigation, Initiation of Litigation under Gov. Code section 54956.9(d)(4) (one case).
Action: City Council voted 3-0 (Creegan and Friedrich absent) to file a petition for order to abate substandard conditions and appointment of a receiver for the Sunray Hotel property, which petition has now been filed.
September 24, 2024 Session: Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1)
Case: Administrative Appeal of Two Citations Issued to PAC 1 CA 2020 LLC and PAC 18 CA 2021 LLC (“Pacaso”) Regarding 783 Michael Drive and 3737 Terrace Drive Action: City Council voted 4-0 to authorize settlement of the 3737 Terrace Drive citation and 3-0-1 (Robbins recused because of real property interest) to authorize settlement of the 783 Michael Drive citation. The terms of the settlement agreements are that Pacaso may advertise and re-sell shares/fractional ownership interests in the three properties Pacaso acquired and began operating as fractional ownerships prior to the City’s 2021 Cease and Desist letter (783 Michael Drive, 3737 Terrace Drive, and 3914 Saddle Road), and in exchange, Pacaso may not expand to any more properties within the City of South Lake Tahoe.
Proclamations
1. Proclamation- Domestic Violence Awareness Month
Action: Issued a Proclamation to Chelcee Thomas of Live Violence Free recognizing October 2024 as “Domestic Violence Awareness Month.”
Public Communications
Public Comment was heard from the following people:
1. Tom Millhan- Commander of American Legion Post 795- Upcoming American Legion Veteran’s Day Ceremony
2. Dennis Cobb- Governement aid after natural disasters *written material distributed Written Public Comment was received from the following people:
1. Harper Puck- Councilmember Middlebrook
2. Ralph Abernathy- Tahoe Heartbeat
3. Annie Alowa- Tahoe Prosperity Center
4. Ambrose Bierce- Cell towers
5. Rob Billot- Tahoe Prosperity Center
6. Nellie Bly- Cell towers
7. Edwin Bustillos- Councilmember Middlebrook
8. Robert Byren, Tahoe East Shore Alliance tech Team- Wildfire Evacuation
9. Oscar Cesare- Councilmember Creegan
10. Olivia Clemens- Councilmember Middlebrook
11. Saundra Edwards- Bijou Creek Park
12. Danny Elfman- Mayor Pro Tem Wallace
13. Peter Ellenshaw- Keep Community First
14. Stella Gibbons- City Council
15. Collin Glass- Cell towers
16. Sydney Griffin- Conserved land parcels
17. Warren Harding- Cell towers
18. Steven Hart- Former Mayor Collin
74 19. Mike Judge
- Tahoe Prosperity Center
20. Thomas Lawrence- Tahoe Locals Rising
21. James Lowell- Tahoe Chamber
22. Emily Post-TRPA
23. Jacob Riis- Redactions
24. Jacob Riis- Tahoe Chamber
25. Jacques Rousseau- Chase Janvrin
26. Charles Russell- Former Mayor Collin
27. George Shaw- Lew Feldman
28. Phucket Sherpa II- Cory Rich
29. Vasily Sleptsov- Ski Run parcel
30. Richard Smothers- Assistant City Manager Roverud
31. Lincoln Steffens- Measure P Oversight Committee
32. Joseph Story- Cell towers
33. Mark Sullivan- Mayor Pro Tem Wallace
34. Jonathan Swift- Councilmember Creegan
35. John Turner- Councilmember Creegan
36. John Powell- Bijou Creek restoration
37. Rachel Carson- State scenic corridor
38. Dennis Weaver- Mayor Pro Tem Wallace
39. Walter Pinniped- Mayor Pro Tem Wallace
40. Paul Weitz- Jamie Orr
41. Saundra Edwards- Mayor Pro Tem Wallace
42. Paul Geske- City Clerk Blankenship
43. James Bramston- City Clerk Blankenship
44. Evan Bevan- City Clerk Blankenship
45. Shirley Briggs- Cell towers
46. Asa Briggs- Cell towers
47. Ernest Coe- Cell towers
48. Edith Chase- Cell towers
49. Margaret Byers- Fixed broadband access
50. David Chain- Cell towers
51. Brent Wisner- Cell towers
52. Steven Hart- Cell towers
53. Granville Fortescue- Cell towers
54. Theo Colborn- Cell towers
55. Mabel Bell- Cell towers
56. Renuka Ray- Cell towers
57. Patrick Hentry- Cell towers
58. Jim Bohlen- Diana Madson
59. Polly Higgins- Cell towers
60. Phillip McGraw- Cell towers
61. Davis Sive- Cell towers
62. Granville Fortescue- Scenic corridors
63. Ralph Digia- Verizon Wireless
64. Edgar Wayburn- Danielle Hughes
65. Peter Lesgaft- Bioinitiative
66. Udo Keppler- City Council
67. Peter Norman- Overtourism
68. Paul Weitz- Mayor Pro Tem Wallace
69. Edgar Wayburn- City Council
75 70. Susan Griffin- Planning Department
71. Will Irwin- Public Utility Easement
72. Will Irwin- Recreation Center
73. Val Plumwood- 56 acre facility
74. Grace Thorpe- El Dorado Campground restrooms
75. Saundra Edwards- 56 acres plan
76. Edwin Bustillos- 56 acres plan
77. Julius Chambers- Cell towers
78. Susan Griffin- Councilmember Creegan
79. Paul Thorpe- Bijou/Al Tahoe Community Plan Amendment
80. Lewis Powell- Mayor Pro Tem Wallace and Councilmember Middlebrook
81. Sarah Shelton- Mayor Pro Tem Wallace and Councilmember Middlebrook
82. Carol & Jerry Barney- Councilmember Middlebrook
83. A.E. Neuman- City Attorney Stroud
84. Chris Zing- Paula Peterson
85. James Gruss- Cell towers
86. Robert La Follette- City election influences
City Commission Reports
1. David Hamilton, Arts, Culture, and Tourism Commission Chair- provided verbal report.
Consent Agenda
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed the consent agenda.
2. Regular City Council and South Tahoe Joint Powers Parking Financing Authority and Special Joint City Council and El Dorado County Board of Supervisors Meeting Minutes Action: Passed Motion 2024-105 approving the minutes for theSeptember 24, 2024, Regular City Council and South Tahoe Joint Powers Parking Financing Meeting and the October 15, 2024, Special Joint City Council and El Dorado County Board of Supervisors Meeting.
3. Agreement with CDM Smith for Planning and Design Feasibility Services for the Dennis T.
Machida Memorial Trail Phase 1C
Action: Passed Motion 2024-106 authorizing and directing the Mayor to execute the Professional Services Agreement with CDM Smith (C-267-2024) for Planning and Design Feasibility Services for the Dennis T. Machida Memorial Trail Phase 1c for the amount of $381,620.
4. Fiscal Year 2024-2025 Appropriation Limit
Action: Passed Resolution 2024-111 establishing the Appropriation Limit for Fiscal Year 2024- 2025 in compliance with Proposition 111 in the amount of $102,835,601.
5. Agreement for Pavement Design Services with Eastern Sierra Engineering Action: Passed Motion 2024-107 to authorize and direct the Mayor to execute the Professional Services Agreement with Eastern Sierra Engineering (C-268-2024) for Pavement Design Services for 2025/2026 Paving Projects in an amount not to exceed $99,991.
6. Revision to City Salary Table
Action: Passed Resolution 2024-112 approving the revised City Salary Table in compliance with the California Code of Regulations and CalPERS requirements 76 7. Ratification of Donation of Four California Climate Action Corps Fellows from Bay Area Community Resources, Inc.
Action: Passed Motion 2024-108 to ratify the donation of four fully funded fellowships in the City Manager and Fire Rescue departments from the Bay Area Community Resources, Inc. for a total amount of $224,000.
8. Temporary Modification to Fire Department Allocated Permanent Positions Action: Passed Resolution 2024-113 approving changes to the Fire Department Allocated Permanent positions amending allocation from 9 Captains, 9 Engineers and 16 Firefighter/Paramedics to 9 Captains, 10 Engineers and 15 Firefighter/Paramedics.
9. Application to California Division of Boating and Waterways for Financial Aid for 2025/26 Police Boat Operations
Action: Passed Resolution 2024-114 authorizing the Chief of Police to apply for financial aid in an amount up to $56,464 from the California Division of Boating and Waterways for 2025/2026 Police Boat Operations.
10. Amendment to Airport Food and Beverage Lease and Concession Agreement with Flight Deck Grill & Golf Club, LLC
Action: Passed Motion 2024-109 authorizing and directing the Mayor to execute the Amendment to the Airport Food & Beverage Lease & Concession Agreement Amendment with Flight Deck Grill & Golf Club, LLC, (C-269-2024) to extend the time to complete tenant improvements and open to the public.
11. Fiscal Year 2023-2024 Budgeted Funds Re-Appropriation Action: Passed Motion 2024-110 to approve re-appropriation of Fiscal Year 2023-2024 budget for purchases and services with unfinished scope of work to Fiscal Year 2024-2025.
12. Amendment No. 1 to Professional Services Agreement for BPR Consulting Group R Action: Passed Motion 2024-111 authorizing and directing the Mayor to execute Amendment No. 1 to the Professional Services Agreement with BPR Group (C-270-2024) to increase the not-toexceed amount from $230,000 to $700,000 with a total program budget to be allocated accordingly and proportionally in each of the three annual adopted budgets for the term of the contract.
13. Ordinance Increasing City Council Compensation (Second Reading) Action: Passed Ordinance 2024-1189 increasing the City Council Compensation to $1,394.49 per month, effective January 23, 2025.
Public Comment was heard from the following person:
1. Ed Mosur
Public Hearing
14. Sugar Pine Village Affordable Housing Project Phase 1B - Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing
Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Resolution 2024-115 authorizing the issuance of revenue bonds in an amount not to exceed $35,000,000 by the California Municipal Finance Authority for the purpose of providing financing for a residential housing facility known as Sugar Pine Village Phase 1B.
Public Comment was heard from the following person:
2. Steve Teshara, Tahoe Chamber
77 15. Sugar Pine Village Affordable Housing Project Phase 1A - Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Supplemental Bonds Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Resolution 2024-116 authorizing the issuance of supplemental revenue bonds in an amount up to $35,000,000 by the California Municipal Finance Authority for the purpose of providing financing for a residential housing facility known as Sugar Pine Village Phase 1A.
Public Comment was heard from the following people:
1. Steve Teshara, Tahoe Chamber
2. Lin Barnett, President of St. Joseph Community Land Trust Regular-New Business
16. Design Build Contract with Willdan Energy Solutions for Energy Upgrades at City Facilities Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Resolution 2024-117 authorizing and directing the Mayor to execute the Energy Savings Contract with WES in the not to exceed amount of $11,414,389 with City-held 5% contingency in the amount of $570,719, with edits to Exhibit 5 and 6 to include the financing lessor as a dual obligee on the payment and performance bonds, upon obtaining of financing for the project, and approving related documents.
The following person addressed the Council:
1. David Daniel, Willdan Energy Solutions
Public Comment was heard from the following people:
1. Patricia Sussman
2. Ed Mosur
3. Nick Exline
4. Luke Shudler
5. John Friedrich
17. Tourist Accommodation Unit (TAU) Discussion
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Wallace, Creegan, Middlebrook
No: Robbins
Action: Council moved to receive and file this item.
Public Comment was heard from the following people:
1. Steve Teshara, Tahoe Chamber
2. Duane Wallace, South Tahoe Chamber of Commerce
3. Ed Mosur
4. John Messina
5. Shannon Witt
Agenda Planning Calendar
18. Agenda Planning Calendar
Action: Received and filed.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Attorney Stroud
1. Attended League of California Cities Conference
2. October 8 summary judgements for Measure T awaiting ruling 78 City Clerk Blankenship
1. Proclamation request form Carrie Chapman of TahoeYouth.org for November as “Youth Homelessness, Outreach, Prevention, and Education Month”
2. Solicitations for City Council Representatives will be brought back in December City Manager Irvin
1. Ucoming meeting with Caltrans
2. Upcoming City Manager Awards
Councilmember Reports and Comments
Councilmember Creegan
1. Attended Cal OES Ambulence JPA meeting
Councilmember Robbins
1. Attended League of California Cities Conference
2. Request for future agenda item on 6 month lease terms for the Lease to Locals Program (Bass seconded)
Ajourment
Mayor Bass ajourned the Meeting at 7:30 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.
79 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:4
Agenda Item: 2025 City Council Meeting Schedule
Executive Summary: City Council will consider the adoption of the 2025 regular meeting schedule. In drafting the 2025 calendar, consideration was given to school holidays and providing a life-work balance for staff. The proposed 2025 meeting schedule includes a total of twenty meetings, including an Ethics Training, Budget Workshop, and Strategic Planning session. Of these twenty meetings, ten will be held at 9 a.m. and ten will be held at 5:30 p.m.
Requested Action / Suggested Motions: Pass a Resolution adopting the 2025 City Council regular meeting schedule.
Responsible Staff Member: Susan Blankenship, City Clerk, and Joseph Irvin, City Manager Reviewed and Approved By: Heather Stroud, City Attorney Attachments:
01-Staff Report - 2025 City Council Meeting Schedule.docx 02-Resolution - 2025 City Council Meeting Schedule
03- Exhibit A 2025 City Council Meeting Schedule.pdf
80 Council Agenda Report November 05, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: 2025 City Council Regular Meeting Schedule
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk and Joseph Irvin, City Manager Background: In 2024, City Council scheduled nineteen regular meetings. Of these nineteen meetings, nine were held at 9 a.m. and ten were held at 5:30 p.m.
In drafting the 2025 calendar, consideration was given to school holidays and providing a life-work balance for staff.
The El Dorado County Board of Supervisors has requested the use of the City Council Chambers to hold meetings on May 13 and September 30.
Issue and Discussion: City Council will consider the adoption of the 2025 regular meeting schedule. The proposed 2025 meeting schedule includes a total of twenty meetings, including a Budget Workshop, Ethics Training, and Strategic Planning Session. Of these twenty meetings, ten will be held at 9 a.m. and ten will be held at 5:30 p.m.
Meetings will be held the second and fourth Tuesday in January, February, March, August, and September; the first and third Tuesday in May, June, and November; the fourth Tuesday in April, the third Tuesday in October; and the second Tuesday in December.
The first meeting of every month will begin at 9 a.m. The second meeting will begin at 5:30 p.m.
If there is only one meeting in a month, it will begin at 5:30 p.m.
The Strategic Planning Session will be held on the third Tuesday of the month and will begin at 9 a.m. The Budget Workshop will begin at 9 a.m. The Joint City Council/Planning Commission Ethics Training will begin at 3 p.m.
No meetings have been scheduled for the month of July.
Special City Council meetings may also be scheduled on an as needed basis during the year.
Environmental Considerations: Adopting the meeting calendar is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(5) (organizational or administrative activities that will not result in direct or indirect physical changes to the environment).
81 Council Agenda Report November 05, 2024 Page 2 of 2
Policy Implications: Government Code section 54954(a) requires that the legislative body of a local agency provide the time and place for holding regular meetings. As such, the City Council adopts a resolution identifying the City Council meeting schedule for the following year.
If adopted, City Council Protocols will be amended.
82 Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
November 5, 2024
2025 City Council Meeting Schedule
BACKGROUND
A. In accordance with Government Code Section 54954 (a), the City Council sets the regular meeting schedule on the second and fourth Tuesday in January, February, March, August, and September; the first and third Tuesday in May, June, and November; the fourth Tuesday in April, the third Tuesday in October; and the second Tuesday in December.
B. City Council meetings are held at City Hall, City Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe.
C. The first meeting of every month will begin at 9 a.m. The second meeting of the month will begin at 5:30 p.m. If there is only one meeting in a month, it will begin at 5:30 p.m.
The Strategic Planning Session will be held on the third Tuesday of the month and will begin at 9 a.m. The Budget Workshop will begin at 9 a.m. The Joint City Council/Planning Commission Ethics Training will begin at 3 p.m.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Does hereby adopt the 2025 Regular Meeting Schedule (Exhibit A).
Adopted by the City of South Lake Tahoe City Council on November 05, 2024, by the following vote:
Yes:
No:
Abstain:
Absent:
________________________ 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. 83 City Council 2025 Regular Meeting Schedule
City Hall – City Council Chamber
1901 Lisa Maloff Way, South Lake Tahoe
The first meeting of every month begins at 9 a.m., the second meeting begins at 5:30 p.m., except as *noted below. If there is only one meeting in a month, it will begin at 5:30 p.m. Day/Night January 2025 February 2025 March 2025
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 *18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 *25 26 27 28 29 30 31
*City Council Strategic Plan Meeting
*City Council/Planning Commission Ethics
Training @3pm.
April 2025 May 2025 June 2025
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 *13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 29 30
*Board of Supervisors Meeting
July 2025 August 2025 September 2025
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 24 25 *26 27 28 29 30 28 29 30
31 *City Council Budget Workshop
October 2025 November 2025 December 2025
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
12 13 *14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
*Board of Supervisors Meeting 30
84 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:5
Agenda Item: Annual Arts, Culture, and Tourism Commission, and Parks & Recreation Commission Reports to City Council
Executive Summary: Staff is providing annual reports for the Arts Culture, and Tourism Commission and Parks & Recreation Commission Annual Reports.
Requested Action / Suggested Motions: Receive & File.
Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report Arts, Culture & Tourism Annual Report.docx 02-Staff Report Parks & Recreation Commission Annual Report.docx 85 Council Agenda Report- November 5, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: Arts, Culture & Tourism Commission Annual Report Location: Citywide
Responsible Staff Member: John Stark, Director of Parks and Recreation (530) 307-9145
Background: City Council Resolution No. 2019-088 requires the Parks & Recreation Commission to report their activities to the City Council annually.
Issue and Discussion: The Arts, Culture & Tourism Commission (ACT) Annual Report provides a summary of the items considered by the commission during this reporting period and is submitted to the City Council for acceptance. Members of the commission include David Hamilton, Aimi Xistra-Rich, Stacey Ballard, Rachel Carlson and Ryn Muat. Completion of ACT Work Plan. Work Plan outlines goals for the ACT Commission for the next three years. Substantial commission involvement in creating a Work Plan with tangible goals.
Lakeview Commons Public Art Installation RFP. Commissioners evaluated ten proposals for a public art installation at Lakeview Commons and have made a recommendation to Council to award the contract to Terrie Bennett.
Second year of micro-grants with $20,000 of General Funds allocated towards supporting funding proposals.
Commissioners drafting a racial equity statement for ACT Commission. Review and approval of 10 public art murals.
Financial Implications: There are no financial implications.
Environmental Considerations: The submittal of the annual report to the City Council is exempt from environmental review pursuant to CEQA Guidelines Section 15061 (b) (3). The activity is covered by the common-sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Policy Implications: There are no policy implications associated with the City Council accepting and filing the Parks & Recreation Commission Annual Report. 86 Council Agenda Report- November 5, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: Annual Parks & Recreation Commission Report
Location: Citywide
Responsible Staff Member: John Stark, Director of Parks and Recreation (530) 307-9145
Background: City Council Resolution No. 2019-088 requires the Parks & Recreation Commission to report their activities to the City Council annually.
Issue and Discussion: The Parks & Recreation Commission Annual Report provides a summary of the items considered by the commission during the reporting period and is submitted to the City Council for acceptance. This report details the activities for 2024. Members of the commission are Jerry Bindel, David Gregorich, Amelia Richmond, Margie Kovarik-Maxhimer, Kira Smith, Peter Fink and Nicole Ramirez Thomas.
Recreation & Aquatics Center is on track to open in early 2026. Progress to date was celebrated at a topping off ceremony September 25, 2024.
Ski Run Park opened on September 6, 2024, with many families enjoying this new space. The Aquatics Program was rebuilt and included recruitment & certification of new lifeguards which resulted in filling the ranks with 12 lifeguards currently on board and 7 in the recruitment/onboarding process.
Swim lessons are now offered year-round.
The Department released a survey to see what programs the community would like to see for the new Recreations and Aquatic Center and received over 800 responses. Staff are using this information to build out new programs and to inform a business plan that will focus on operations of the new center. The Recreation Division is offering new programs: Mini Mountain Movers, Storytime with a Mermaid, Accessible Yoga, Every Body Yoga, Kiddo Yoga, Baby & Me Yoga, Line Dancing, Silver Striders Walking Club, Improv Classes, Singing Lessons, Youth Basketball League, NFL Flag Football, Sierra Spirit, & First Tee Golf Lessons.
Published SLT At Play, the Department’s first program guide since 2014 to increase the marketing of programs, events and services offered.
Special events: the 4th of July Parade with static airshow and rescue fly over demonstration, Parks Make Life Better Month, Live at Lakeview, Multicultural Festival, Pumpkin Patch Splash, Boo Bash, Turkey Trot & Festival of Winter Lights.
Skatepark renovations approved by City Council for California Skateparks to begin construction in May 2025 with a new state-of-the-art street style skate park at Bijou Park. Maintained 180 acres of parkland & 14 miles of trail. Maintained and operated Bijou Golf Course and El Dorado Boat Ramp during the 2024 summer season. Replaced toilets and fixtures in parks restroom using the STPUD rebate program. 87 Council Agenda Report- November 5, 2024 Page 2 of 2
Replaced Ski Run Boulevard banners.
Refreshed dog park by removing mulch and growing turf. The Parks Division took on the responsibility of maintaining the City’s trees. A beach wheelchair is now offered free of charge at El Dorado Beach. Kylee Finnegan hired full-time as Recreation Program Coordinator. Jonathan Howells hired full-time as Maintenance Manager – Aquatics & Facilities.
Financial Implications: There are no financial implications.
Environmental Considerations: The submittal of the annual report to the City Council is exempt from environmental review pursuant to CEQA Guidelines Section 15061 (b) (3). The activity is covered by the common-sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Policy Implications: There are no policy implications associated with the City Council accepting and filing the Parks & Recreation Commission Annual Report. 88 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:6
Agenda Item: Annual Planning Commission and Airport Land Use Commission Report to City Council Executive Summary: The Planning Commission is appointed by the City Council to review growth and development in South Lake Tahoe. Projects are brought before the Commission and are evaluated for consistency with the City's General Plan, applicable area plans and development standards. The Planning Commission reports its activities to City Council annually. This report is a compilation of all the items brought before and acted upon by the Planning Commission from October 26, 2023 to September 19, 2024. This report also describes the actions of the Airport Land Use Commission during the same time period.
Requested Action / Suggested Motions: Receive and File
Responsible Staff Member: Gretchen Schooleman, Assistant Planner Reviewed and Approved By: Zachary Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-2023-2024_AnnualPCReport_Staff_Report .docx
89 Annual Planning Commission Report November 5, 2024 Page 1 of 7 City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: Annual Planning Commission and Airport Land Use Commission Report to City Council
Location: Citywide
Responsible Staff Member: Gretchen Schooleman, Assistant Planner (530-542-6022) Background:
The City of South Lake Tahoe Planning Commission is composed of five (5) citizen positions appointed by the City Council. On January 23, 2024, City Council appointed Jackson Realo to a one-year term and Julie Lucksinger and Gavin Feiger (reappointed) to two-year terms on the Planning Commission. The terms of returning commissioners Seth Howard and Natalia Wieczorek shall expire in February 2025.
The Planning Commission is the official planning body for the review of future growth and development of the City of South Lake Tahoe pursuant to the roles and responsibilities identified in Resolution No. 2017-28. Upon making any decision or recommendation, the Commission must find project proposals to be consistent with the policies and standards adopted in the City’s General Plan, applicable Area or Community Plan, and City Code.
Members of the Planning Commission, plus two appointed members with aviation experience, make up the Lake Tahoe Airport Land Use Commission (ALUC). The ALUC is responsible for adopting the Airport Land Use Compatibility Plan and reviewing projects in the vicinity of the Lake Tahoe Airport for land use compatibility. The terms of Fernando Manfredi and Joshua Cleaver shall expire February of 2025.
City Council Resolution No. 2019-088 requires the Planning Commission and Airport Land Use Commission to report their activities to the City Council on an annual basis.
The previous report covered the period of October 13, 2022, to September 21, 2023. It was submitted to the Planning Commission on October 26, 2023, and to the City Council on November 21, 2023.
This report covers the period of October 26, 2023, to September 19, 2024.
Issue and Discussion:
90 Planning Commission Agenda Report November 5, 2024 Page 2 of 7 Since the last report, the Planning Commission has held ten (10) regularly scheduled meeting. The meetings scheduled for January 18, 2024 was cancelled as there were no items to be heard. No meeting was scheduled for July 2024. There were no meetings of the ALUC as none of the projects brought forth required their review.
The Commission passed resolutions for 27 items and held discussions on and provided feedback on 2 items. The breakdown of the resolutions passed by Planning Commission is as follows.
The following is a list of items heard and acted upon by the Commission at each meeting:
October 26, 2023
Present were Vice Chair Fieger, Commissioners Roberts, and Howard. Chair Wieczorek were absent.
Passed Resolution 2023-013 finding the F Street Multi-Family and Accessory Dwelling Units Residential Project 1) exempt from CEQA pursuant to Section 15332, Class 32, 2) consistent with the Airport Land Use Compatibility Plan, the City of South Lake Tahoe General Plan, the Multi-Family Residential Design Standards, and PAS 114 Special Area #1 Bonanza, and 3) approve the City Design Review.
Passed Resolution 2023-014 accepting the 2022-2023 Annual Planning Commission and Airport Land Use Commission Report, forwarding the report to City Council, and recommending City Council accept and file the report. No action taken on Major Variance for an Interior Side Yard Encroachment at 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue, File # 23-116. The applicant requested the variance application be withdrawn.
Passed Resolution 2023-015 recommending that City Council adopt an Ordinance amending Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake 91 Planning Commission Agenda Report November 5, 2024 Page 3 of 7 Tahoe City Code regarding medicinal delivery and to remove outdated provisions regarding development agreements and medical marijuana dispensaries, and allowing on-site consumption at permitted cannabis retailers. Received presentation on the Tourist Core Area Plan: 2023 Draft Amendments.
November 16, 2023
Present were Chair Wieczorek, Commissioners Feiger, Roberts, and Howard. Passed Resolution 2023-016 recommending the City Council adopt a Resolution amending General Plan LU-1, Land Use Diagram, City Code, Title 6, Chapter
6.55, Article II, Section 6.55.120, pre-zoning 90 parcels for subsequent annexation of such properties, finding the pre-zoning of the properties and the General Plan Amendment is consistent with the General Plan, and finding the proposed action is exempt from CEQA pursuant to Section 15061(b)(3). *Commissioner Feiger recused himself from this item due to property interest in the area. Passed Resolution 2023-017 adopting the South Tahoe Public Utility District Solar Project, Mitigated Negative Declaration, finding the Project, as conditioned, is consistent with the Airport Land Use Compatibility Plan, the City of South Lake Tahoe General Plan, City-Wide Design Standards, and PAS 101 Bijou Meadows, and approving the Major Design Review Permit and Special Use Permit.
December 7, 2023
Present were Vice Chair Feiger, Commissioners Roberts and Howard. Chair Wieczorek was absent.
Passed Resolution 2023-018 to adopt the Planning Commission Regular Meeting Schedule.
Passed Resolution 2023-019 recommending the City Council adopt a resolution granting a 24-month extension for the 3708 Highway 50 Town Homes Tentative Map pursuant to California Government Code Section § 66452.6(e), and making all other findings listed in the resolution.
January 18, 2024
The meeting was cancelled due to no items to be heard.
February 24, 2024
Present were Chair Wieczorek, Commissioners Feiger, Howard, Lucksinger, and Realo. City Clerk Blankenship administered the Oath of Office to new Commissioners, Lucksinger and Realo.
Received a presentation and held a public workshop on the Tourist Core Area Plan/Specific Plan Amendments Initial Study/Mitigated Negative Declaration 92 Planning Commission Agenda Report November 5, 2024 Page 4 of 7 *Commissioners Feiger and Realo recused themselves from this item due to employment conflicts.
Passed Resolution 2024-001 recommending City Council adopt an ordinance amending the South Lake Tahoe City Code by adding Title 6, Chapter 28 (Rental Registry).
* Commissioner Lucksinger recused herself from this item due to employment conflict and left the meeting.
Passed Resolution 2024-002 recommending City Council receive and file the 2023 General Plan Annual Report, including the Housing Element Implementation Update
Passed Resolution 2024-003 recommending City Council acceptance of the Surplus Land Inventory.
Passed Resolution 2024-004 recommending City Council adopt an ordinance to amend City Code Chapter 6.85, Section 050, Accessory Dwelling Units, with amendment rejecting all proposed height changes except the portion of G.3.(a) that states “except when the ADU is located on a lot with an existing or proposed multistory, multifamily, dwelling, a height of 18 feet shall be allowed.” March 21, 2024
Present were Chair Wieczorek, Commissioners Feiger, Howard, Lucksinger, and Realo. Passed Resolution 2024-005 adopting the Tourist Core Area Plan/Specific Plan Initial Study/Mitigated Negative Declaration *Commissioners Feiger and Realo recused themselves from this item due to employment conflicts. Passed Resolution 2024-006 recommending the City Council adopt the proposed Tourist Core Area Plan/Specific Plan Amendments. *Commissioners Feiger and Realo recused themselves from this item due to employment conflicts. Passed Resolution 2024-007 approving the final design plans for Phase 2 of the Tahoe Valley Stormwater and Greenbelt Improvement Project to fulfill the Design Review/Special Use Permit.
Passed Resolution 2024-008 approving a special use permit for Golf 247 LLC, finding 1) the proposed project is categorically exempt from CEQA pursuant to Section 15303, Class 3 and Section 15332, Class 32, 2) finding the proposed project would not have an effect on the environment and approve a TRPA Finding of No Significant Effect (FONSE), and 3) approving the City and TRPA Special Use Permit #24-019.
Passed Resolution 2024-009 approving the Plan Revision, Special Use Permit, and Variance for The Landing at Tahoe Resort, finding the proposed project is 1) exempt from CEQA pursuant to Section 15303, Class 3 and Section 15332, Class 32; 2) grant a use permit to reduce the parking space requirement to 94 onsite parking spaces; 3) grant a variance to allow encroachment into the side yard, rear yard, front yard, and Azure Avenue side street setbacks, 4) approving City Permit #23-174 and adding the condition to require the permittee to relocate the proposed trash enclosure outside of the rear yard setback; and 5) make all other findings set forth in the Resolution.
93 Planning Commission Agenda Report November 5, 2024 Page 5 of 7 April 18, 2024
Present were Chair Wieczorek, Commissioners Feiger, Howard, and Lucksinger.
Commissioner Realo was absent.
Passed Resolution 2024-010 (1) approving the transfer of 1,331 Square Feet of Commercial Floor Area (CFA) to Basecamp Pizza Company for the construction of an outdoor dining patio, and (2) making all findings set forth in the Resolution. Passed Resolution 2024-011 approving the Bijou Park Connector Multi-Use Trail Project at Bijou Community Park, finding (1) the proposed project is categorically exempt from CEQA pursuant to Section 15301, Class 1 and Section 15304, Class 4, and (2) approve Design Review Permit #24-032.
Passed Resolution 2024-012 for the proposed Charter Communications Hub finding (1) the proposed project to be categorically exempt from CEQA under Section 15269 and Section 15301, Class 1, (2) making all additional findings listed in the Resolution, and (3) approving Special Use Permit #22-067 to legalize all existing transmission and receiving facilities in the public right of way owned and operated by Charter Communications.
May 16, 2024
Present were Chair Wieczorek, Commissioners Feiger, Howard, Lucksinger, and Realo. Passed Resolution 2024-013 (1) Recommending the City Council adopt the Tourist Core Area Plan/Specific Plan Amendments and the Initial Study/Negative Declaration including the errata sheet provided by staff and with the following changes: modify the outdoor seating standard, modify the ADU language in the Density Table, modify the Bicycle and Storage policy, add the option for applicants to provide a parking analysis so that a reduction in parking requirements may be considered, reduce the residential open space requirement for high-density projects, expand policy language to amplify efforts around fixed route transportation and other transit alternatives, modify the build-to line standards so that a modification may be waived when a single finding is made, and (2) make all additional findings set forth in the resolution.
Passed Resolution 2024-014 (1) Recommending that City Council adopt the Initial Study/Mitigated Negative Declaration and the Tahoe Valley Area Plan/Specific Plan Amendments including the errata sheet provided by staff and with the following changes: remove Policy H-1.2 and Policy LU-5.9, add the option for applicants to provide a parking analysis so that a reduction in parking requirements may be considered, reduce the residential open space requirement for high density projects, expand policy language to amplify efforts around fixed route transportation and other transit alternatives, modify the build-to line standards so that a modification may be waived when a single finding is made, and 2) make all additional findings set forth in the resolution. Passed Resolution 2024-015 to (1) find the proposed project, as conditioned, is 94 Planning Commission Agenda Report November 5, 2024 Page 6 of 7 consistent with the Airport Land Use Compatibility Plan, the General Plan, the City-Wide Design Standards, the TRPA Regional Plan, and the Tourist Core Area Plan, (2) make all additional findings set forth in the resolution, with the addition of a snow removal plan as a condition of approval, and (3) approve the Major Design Review, Special Use Permit, TRPA Permit, and Major Variance for the construction of the new Charter Communications Head-End Communications Hub.
Passed Resolution 2024-016 recommending City Council confirm the Final Delinquent Fees Report as updated and distributed by staff and direct the Finance Department to send a certified copy of the Report to the El Dorado County AuditorController to add the delinquent amounts to the county property tax rolls for collection.
Passed Resolution 2024-017 adopting the CEQA addendum and approving Design Review Permit # 24-047 subject to the conditions of approval outlined in the Permit for the Upper Bijou Park Creek Restoration Project. * Chair Wieczorek recused herself from this item due to property interest in the area.
June 13, 2024
Present were Chair Wieczorek, Commissioners Feiger, Howard, Lucksinger, and Realo. Passed Resolution 2024-018 approving South Side Automotive Major Design Review (1) finding the project is categorically exempt from CEQA pursuant to Section 15332, Class 32, Infill Developments; 2) approving the Major Design Review Permit #24-055 and the TRPA Permit; 3) granting the transfer of 2,800 Square Feet of Commercial Floor Area (CFA) to Ryan Feliciano for the construction of a new light industrial building; and 4) making all other findings set forth in the Resolution.
July 2023
No meeting scheduled.
August 22, 2024
Passed Resolution 2024-019 approving an Eight-Unit Residential Project Major Design Review and Special Use Permit, 1) Finding the project is categorically exempt from CEQA pursuant to Section 15332, Class 32, Infill Developments; 2) Granting a Special Use Permit pursuant to City Code Section 6.55.620; 3) Approving the Major Design Review #23-014; and 4) Making all other findings set forth in the Resolution.
Passed Resolution 2024-020 approving the Aster Station Major Design Review Permit and Request for Allocation and Transfer of 592 Square Feet of Commercial Floor Area finding 1) the project is categorically exempt from CEQA pursuant to Section 15302, Class 2, which consists of the replacement and construction of existing structures and facilities, and Section 15332, Class 32, Infill Developments; 95 Planning Commission Agenda Report November 5, 2024 Page 7 of 7 2) approving the Major Design Review Permit #23-090 and the TRPA Permit; 3) granting the transfer of 592 Square Feet of Commercial Floor Area (CFA), and 4) making all other findings set forth in the Resolution. *Commissioners Realo recused himself from this item due to employment conflicts.
September 19, 2024
Passed Resolution 2024-021 approving the HVR Acquisitions LLC Phase 2 MultiFamily Residential Project, finding the proposed project 1) would not, with applicable mitigation measures, have an impact on the environment pursuant to City Council Resolution 2024-048 adopting the Final Mitigated Negative Declaration, 2) make the TRPA Findings set forth in Exhibit 1 to the Resolution, 3) make all other findings set forth in the Resolution, and 4) approve the Major Design Review Permit and the TRPA Multi-Family Residential Permit. *Commissioners Feiger and Realo recused themselves from this item due to employment conflicts.
Financial Implications:
There are no financial implications associated with this City Council accepting and filing the Annual Planning Commission Report.
Environmental Considerations:
The action to accept and file the Annual Planning Commission Report is exempt from environmental review pursuant to CEQA Guidelines §15061(b)(3). The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Policy Implications:
There are no policy implications associated with the City Council accepting and filing the Annual Planning Commission Report. Pursuant to City Council Resolution No. 2019-088, the Planning Commission is reporting its activities to the City Council as required in the adopted resolution.
96 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:7
Agenda Item: Annual Police Advisory Commission Report to City Council Executive Summary: This is the written annual report for the Police Advisory Commission for 2024.
This report summarizes PAC meeting topics and activities for the year. This Commission annual report is required by City Resolution 2022-011, "City Commissions and Boards".
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member: David Stevenson, Chief of Police Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
Item 7- PAC Report.pdf
01- STAFF REPORT PAC Annual Report 110524.docx
97 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:7
Agenda Item: Annual Police Advisory Commission Report to City Council Executive Summary: This is the written annual report for the Police Advisory Commission for 2024.
This report summarizes PAC meeting topics and activities for the year. This Commission annual report is required by City Resolution 2022-011, "City Commissions and Boards".
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member: David Stevenson, Chief of Police Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01- STAFF REPORT PAC Annual Report 110524.docx
98 Council Agenda Report November 05, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 05, 2024
Title: Police Advisory Commission Annual Report
Location: Police Department
Responsible Staff Member: David Stevenson, Chief of Police Background: The Police Advisory Commission (PAC) was formed by the City Council via resolution at their meeting on May 18, 2021. The 2024 Police Advisory Commission members were Erica Gonzales (Chair), Keith Roberts (Vice Chair), Tom Davis, Ayana Morali, and Justin Zunino.
This report will include PAC activity from November 2, 2023 through November 1, 2024. This report was submitted to the Police Advisory Commission at their meeting on October 30, 2024 for review. An annual written report from City commissions is required by City Resolution 2022-011 “City Commissions and Boards”. This is the 3rd annual report for the Commission since its formation.
Issue and Discussion: The following summary of the 4 Police Advisory Commission meetings held during the past year represents the PAC 2024 annual report to City Council. February 7, 2024
o Meeting canceled due to lack of quorum.
May 1, 2024
o Commissioner Keith Roberts was selected as Vice Chair for the commission.
Commissioner Roberts was appointed to the PAC by the City Council at their regular meeting on February 27, 2024, filling the vacancy created by Commissioner Claudia Anderson who didn’t reapply after her term expired.
o The Commission received the Police Department’s 2023 AB 481 report. o The Commission received the Police Department’s 2023 Annual Report. August 7, 2024
o The Commission received an update on the Police Department STACS program by Officer Hazelet with community partners present to answer questions. o The Commission received an update on the School Resource Officer (SRO) program by Officer Peterson.
October 30, 2024
o The commission received a presentation on training requirements for police officers. 99 Council Agenda Report November 05, 2024 Page 2 of 2
o The 2024 Police Advisory Commission annual report was provided to the commission for review and comment.
Financial Implications: Police Advisory Commission administrative function costs are absorbed in current allocated city budget.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: The Police Advisory Commission is supported by the City’s 2023-2026 strategic plan priority 5.1, action item #3.
100
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:8
Agenda Item: Acceptance of Grant from Highway Safety Improvement Program for Pioneer Trail Safety Improvement Project
Executive Summary: Public Works is requesting the acceptance of HSIP funds for the Construction phase of the project. This would accept $103,590 of HSIP funding and require the City Council to allocate $11,410 from General Fund Undesignated Excess Reserves as a match for the grant.
Requested Action / Suggested Motions: Pass a Resolution Accepting Highway Safety Improvement Program (HSIP) funding in the amount of $103,590 and appropriating $11,410 from General Fund Undesignated Excess Reserves for the Pioneer Trail Safety Improvement Project.
Responsible Staff Member: Stephen Anderjack, 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_-_Pioneer_Trail_HSIP Acceptance.docx
02-Resolution - Pioneer Trail Safety Improvement Project Grant Acceptance.docx 03-CON E-76.pdf
101
Council Agenda Report November 5, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: Pioneer Trail Safety Improvement Project HSIP Grant Acceptance Location: Pioneer Trail between Glenwood Way and Edna Street Responsible Staff Member: Stephen Anderjack, Associate Civil Engineer, (530) 542-6033 Background: In June 2018, the City of South Lake Tahoe, in partnership with the Tahoe Regional Planning Agency (TRPA), conducted a Systematic Safety Analysis report using grant funding from the State of California. This study reviewed accident history at key intersections throughout the city and ranked each by severity. Rankings were determined by the number of crashes, the severity of each crash, and the amount of property damage caused. This ranking methodology is used by traffic engineers and for the Federal Highway Administration’s (FHWA) Highway Safety Improvement Program (HSIP). The safety analysis determined that the intersection of Pioneer Trail and Edna StreetGlenwood Way has one of the top three accident history rankings amongst city-maintained roads.
In August of 2018, the Public Works Department applied to Caltrans to obtain HSIP grant funds to assist with intersection safety improvements. The city was awarded two HSIP Grants. The City Council accepted one $49,500 HSIP grant for Preliminary Engineering (PE) via Resolution 2020-098 on November 3rd, 2020. A $5,500 local match to the HSIP grant was approved by accepting $49,500 HSIP funds to provide a $55,000 Project PE budget. A second HSIP grant was also awarded for $103,590 of Construction (CON) funding with a $11,410 local match.
An informal Request for Proposal (RFP) was issued in June 2023, soliciting engineering and design services. After reviewing the three proposals delivered to Public Works, Lumos and Associates is the most qualified consultant. On August 1, 2023, a Professional Service Agreement (PSA) was executed with Lumos & Associates. The project has been fully designed, and 100% of the plans have been reviewed and accepted by the city.
The project scope includes lane and shoulder widening, improved line striping, installing radar speed feedback signs, and drainage improvements at the Glenwood Way and Pioneer Trail intersection.
The CON E-76 RFA package has been submitted, reviewed, and approved by Caltrans and the project is ready to be released for bid, upon HSIP funding acceptance.
Issue and Discussion: The City allocated a $5,500 match for the original $49,500 HSIP grant for PE funding of the project. The City also contributed an additional $56,000 of the General Fund to fund the PE portion of the project, while $49,070.02 of the original PE HSIP funding was transferred into the Construction budget. $250,000 of Cannabis revenue was also allocated to the Construction budget of the project by the city.
102
Council Agenda Report November 5, 2024 Page 2 of 2
Upon City acceptance of the second HSIP grant of $103,590, with a $11,410 City match, the total available construction budget will be $414,070.02. The project has an estimated construction cost of $381,315 with a 15% contingency of $57,197, bringing the total estimated construction cost to $438,512 Financial Implications:
Currently, Public Works is requesting the acceptance of HSIP funds for the project's Construction phase. This would accept $103,590 of HSIP funding and require the City Council to allocate $11,410 from General Fund Undesignated Excess Reserves as a match for the grant.
From: Fund (Revenue)
Revenue Code Fund Type Amount
36300 General Fund $(11,410)
33128 HSIP $(103,590)
To: Capital Account
Fund Account Object Code Amount
301 50038 48030 $115,000
Environmental Considerations:
On June 15, 2021, the City Planning Manager filed a CEQA Notice of Exemption with the State Clearinghouse as a Class 4, 15304 (minor alteration to land) categorical exemption, State Clearinghouse Number 2021060316. This project is comprised of minor alterations to an existing street. No additional automobile lanes will be created, and no additional vehicular capacity is expected. Additionally, this project seeks to add safety devices for use in conjunction with existing facilities. Caltrans, the Project Lead for NEPA found the Project to be Categorically Exempt. A TRPA construction permit will be acquired before the start of construction.
Policy Implications:
This project is consistent with the City Council's priorities and will enhance public safety through improvements to the built environment.
103
Resolution 2024-XXX November 5, 2024 Page 1 of 2
Resolution 2024-XX
Adopted by the City of South Lake Tahoe
City Council
November 5, 2024
Accepting Highway Safety Improvement Program (HSIP) funding in the amount of $103,590 and appropriating $11,410 from General Fund Undesignated Excess Reserves for the Pioneer Trail Safety Improvement Project
BACKGROUND
A. In June of 2018, the City and the Tahoe Regional Planning Agency conducted a Systemic Safety Analysis report that ranked key intersections on the City streets by the number of crashes and severity of the crashes.
B. This report determined that the intersections of Pioneer Trail at Edna Street and Pioneer Trail at Glenwood Way were amongst the highest-ranked intersections in the City by the number of crashes.
C. In August of 2018, the Public Works Department submitted an application to Caltrans to obtain HSIP grant funds to assist with intersection safety improvements at this location.
D. The City was awarded $49,500 worth of HSIP funds, which require a matching contribution from the City in the amount of $5,500.
E. The City was awarded a second HSIP grant of $103,590 with a $11,410 City match.
F. The Public Works department wishes to accept the second HSIP grant to fund the construction portion of the project.
BASED ON THE FACTS SET FORTH HEREIN, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Accepts $103,590 in Highway Safety Improvement Program funding towards the project.
2. Allocates $11,410 from General Fund Undesignated Excess Reserves toward the project.
3. Appropriates said funding into existing CIP fund accounts as follows:
From: Fund (Revenue)
Revenue Code Fund Type Amount
36300 General Fund $(11,410)
33128 HSIP $(103,590)
104
Resolution 2024-XXX November 5, 2024 Page 2 of 2
To: Capital Account
Fund Account Object Code Amount
301 50038 48030 $115,000
Adopted by the City of South Lake Tahoe City Council on November 5, 2024 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
__________________ 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.
105
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107
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:9
Agenda Item: American Rescue Plan Act (ARPA) Funding Transfer to the Upper Bijou Park Creek Watershed Restoration Project, California Tahoe Conservancy License Agreement Execution, and Construction Contract Award for Rockwood to Blackwood Drainage Improvements Project Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project (Project) is a watershed-scale project seeking to address water quality and flooding issues in a phased approach to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drainpipe with new stormwater treatment basins and conveyance system integrated into the new Whole Foods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area subject to historic flooding, development impacts in SEZ areas, and water quality issues.
The upper watershed project includes plans to restore Stream Environment Zone (SEZ) and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe. One piece of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project, which will reduce flooding on Woodbine Road, Rockwood Road, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park. ACTION 1: Previous City Council Resolutions (2022-004 and 2022-065) allocated American Rescue Plan Act (ARPA) funding into the Dennis Machida Memorial Greenway Trail Phase 1C (Dennis Machida) project. Given the recent California Tahoe Conservancy (Conservancy) planning grant received for the Dennis Machida project, the remaining $173,545 in ARPA funds are proposed to be transferred to the Upper Bijou Park Creek Watershed Restoration Project. ACTION 2: There are seven Conservancy owned parcels located within the Upper Bijou Park Creek Watershed Restoration Project area. The City and Conservancy have been working together through the project design focused on the utilization of public land for new water quality improvements. On June 20, 2024, the Conservancy Board adopted Resolution 24-06-05, which authorized Conservancy staff to negotiate, execute and convey a long-term license agreement to provide City access these properties to construct and maintain elements of the watershed project, including stream environment zone (SEZ) restoration, water quality treatment basins, storm drain systems, conveyance pipe, and revegetation. ACTION 3: On July 16, 2024, the Department of Public Works held a bid opening for the Rockwood to Blackwood Drainage Improvements Project. Only one bid was received that far exceeded the City’s available budget for the Project construction. On August 13, 2024, the City Council rejected the bid and advised Staff to rebid the Project. On September 13, 2024, Public Works re-advertised the project. On October 8, 2024, Public Works received four bids. FW Carson Co. was the apparent low bidder that Staff recommends awarding the project to.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Finance to: 1) transfer $173,545 in ARPA funds to the Upper Bijou Park Creek Watershed Restoration Project; 2) authorizing and directing the Mayor to execute the License Agreement with the California Tahoe Conservancy; and 3) authorizing and directing the Mayor to execute the Construction Contract with FW Carson Co. for Rockwood to Blackwood Drainage Improvements Project for $1,750,042.01 and a 10% contingency of $175,042.01.
Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer and Jason Burke, Complete Streets Program Manager
108
Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Financ Heather Stroud, City Attorney Attachments:
01-Staff Report - Upper Bijou Park Creek Watershed Restoration Project.docx 02-Resolution - Transfer Funds.doc
03-Conservancy License Agreement.pdf
04-Agreement with FW Carson.docx
109
Council Agenda Report November 5, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: American Rescue Plan Act (ARPA) Funding Transfer to the Upper Bijou Park Creek Watershed Restoration Project, California Tahoe Conservancy License Agreement Execution, and Construction Agreement Award for Rockwood to Blackwood Drainage Improvements Project
Location: Bijou Park Creek Watershed, Rockwood Drive to Blackwood Drive Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer, Jason Burke, Complete Streets Program Manager
Background: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The city completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drainpipe with new stormwater treatment basins and conveyance system integrated into the new Wholefoods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area subject to historic flooding, development impacts in SEZ areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe. One piece of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project (Project), which will reduce flooding on Woodbine Road, Rockwood Road, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park.
Issue and Discussion:
ACTION 1: Authorize the Transfer of $173,545 in American Rescue Plan Act Funds from the Dennis Machida Memorial Trail Phase 1C Project to the Upper Bijou Park Creek Watershed Restoration Project.
Previous City Council Resolutions (2022-004 and 2022-065) allocated American Rescue Plan Act (ARPA) funding into the Dennis Machida Memorial Greenway Trail Phase 1C (Dennis Machida) project. Given the recent California Tahoe Conservancy (Conservancy) planning grant received for the Dennis Machida project, the remaining $173,545 in ARPA funds are proposed to be transferred to the Upper Bijou Park Creek Watershed Restoration Project as it already includes other ARPA funding, eliminates potential budget shortfalls within the project, and ensures the City will meet the ARPA obligation and spending timing limitations.
ACTION 2: Execute long term license agreement with the California Tahoe Conservancy.
There are seven Conservancy owned parcels located within the Upper Bijou Park Creek Watershed Restoration Project area. The City and Conservancy have been working together through the project design focused on the utilization of public land for new water quality improvements. On June 20, 2024, the 110
Council Agenda Report November 5, 2024 Page 2 of 3
Conservancy Board adopted Resolution 24-06-05, which authorized Conservancy staff to negotiate, execute, and convey a long-term license agreement to provide City access to these properties to construct and maintain elements of the watershed project, including stream environment zone (SEZ) restoration, water quality treatment basins, storm drain systems, conveyance pipe, and revegetation for a term of 25 years.
Use of the Conservancy parcels is essential to completing the overall project, and the issuance of a longterm license agreement is a standard partnership approach that the Conservancy and City have collaborated on many times in the past to complete these types of drainage and water quality projects. Approval of the proposed license agreement will provide legal access to construct and maintain these drainage and water quality improvements on the Conservancy-owned parcels (refer to Attachment 03 – Conservancy License Agreement).
ACTION 3: Award Rockwood to Blackwood Drainage Improvements Project to FW Carson Co. ($ 1,750,421.00 ((Base Bid $1,726,869.00 + Bid Alternate 1 $23,552.00)) and approve a 10% Construction Contingency ($175,042.10).
On June 25, 2024, Public Works advertised the Rockwood to Blackwood Drainage Improvements Project on the City PlanetBids website. The Project Notice to Bidders was advertised in the Tahoe Daily Tribune on June 28 and July 5, 2024. On July 16, 2024, the Department of Public Works held a bid opening for the Rockwood to Blackwood Drainage Improvements Project. Only one bid was received that far exceeded the City’s available budget for the Project construction. On August 13, 2024, the City Council rejected the bid and advised Staff to rebid the Project.
On September 13, 2024, Public Works advertised the Rockwood to Blackwood Drainage Improvements Project on the City PlanetBids website. The Project Notice to Bidders was advertised in the Tahoe Daily Tribune on September 20 and September 27, 2024. On October 8, 2024, Public Works received 4 sealed bids that were publicly opened and read aloud at the scheduled bid opening at the Public Works office. The bid results are listed in Table 1. The Engineer’s Estimate for the Base Bid and Add Bid Alternative 1 was for a sum of $1,617,175.00.
Table 1 – Summary of Bid Results
Bidder Base Bid Add Bid Alternative 1 Total Bid Price
FW Carson Co. $1,726,869.00 $23,552.00 $1,750,421.00
Burdick Excavating $2,068,430.50 $29,640.00 $2,098,070.50 La Fleur Engineering $2,339,713.00 $19,356.00 $2,359,069.00 Farr Construction $2,737,691.00 $23,200.00 $2,760,891.00 Add Bid Alternative 1 is for installation and connection of three inlets in the Blackwood right-of-way to the proposed storm drain. These items were included as an alternate to give the City more flexibility in awarding the contract, as they could be installed at a later date if needed. Because there is an available budget, these would be included in the award of this construction contract at this time.
Financial Implications: The funding currently available in the Project budget (account 301-40051) allows for the award of the full contract, including the Additive Bid Alternative 1 construction contract for $1,750,421.00 and a 10% contingency for $175,042.10. Residual funds from other sources will be available for ancillary project expenses such as required pre-construction wildlife surveys, labor code compliance, material testing, etc.
To maximize the utilization of available funding and to meet the timing requirements for American Rescue Plan Act (ARPA) funding obligation and spending, $482,655 in ARPA funding was previously reallocated to the Upper Bijou Park Creek Watershed Restoration Project (Resolution 2024-064). The remaining $173,545 in ARPA funding the City Council previously allocated to the Dennis Machida Memorial Trail Project (Resolution 2022-004 and 2022-065, account 301-50041) is proposed to be transferred to the Upper Bijou Park Creek Watershed Restoration Project and will be utilized first for the proposed agreement with FW 111
Council Agenda Report November 5, 2024 Page 3 of 3
Carson, to ensure timely obligation and expenditure given that the Dennis Machida project now has significant funding the CTC Planning grant.
Public Works recently requested the release of $189,374 of SEZ Mitigation Funds, $82,551 of Water Quality Mitigation Funds and $128,075 of Water Quality Interest Mitigation Funds for a total of $400,000. The TRPA Governing Board approved the mitigation fund release on August 28, 2024, and on September 10, 2024, City Council approved the allocation to the Upper Bijou Park Creek Watershed Restoration Project (Resolution 2024-095).
Consistent with other water quality improvement project license agreements with the Conservancy, the City is required to operate and maintain Project improvements during the 25-year term license agreement term.
Although the City will be required to maintain the Conservancy owned properties and the proposed City improvements during the term of the license agreement, maintenance expenses to the proposed facilities will be part of the required stormwater maintenance work required by the National Pollutant Discharge Elimination System (NPDES) permit and Lake Tahoe Total Maximum Daily Load (TMDL).
Environmental Considerations: After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564). Addendum No. 1 was completed April 23, 2024 to document minor changes for staging and access, and other minor adjustments to the footprint of the channel improvements and drainage designs. On May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration for the Project.
Policy Implications: The Project is consistent with City Council Strategic Policies and Goals, specifically:
Action Item 5.3 (Infrastructure and Maintenance) by developing sustainable infrastructure projects, based on the prioritized capital improvement project list. Action Item 5.5 (Fiscal Sustainability, Resiliency & Transparency) by utilizing grant funding to implement this important drainage project.
112
Resolution 2024-XXX November 5, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by City of South Lake Tahoe City Council
November 5, 2024
Transfer $173,545 in American Rescue Plan Act (ARPA) funds to the Upper Bijou Park Creek Watershed Restoration Project, Execute License Agreement with the California Tahoe Conservancy, and Award Construction Agreement to FW Carson Co. for Rockwood to Blackwood Drainage Improvements Project
BACKGROUND:
A. The Project (EIP# 01.01.01.0184) is included on the priority list for watershed and water quality improvement projects within the Lake Tahoe basin.
B. On June 18, 2024, Amendment 2 to the Agreement with Wildscape Engineering, Inc. for additional design services was approved by City Council, leaving a remainder of the US Forest Service grant ($1,211,815.91) available for construction.
C. City Council Resolution 2024-064 reallocated $482,655 in American Rescue Plan Act (ARPA) funding into the Upper Bijou Park Creek Watershed Restoration Project to provide additional funding necessary for project construction.
D. At the August 28, 2024 TRPA Governing Board meeting, TRPA approved the release of $82,551.00 in TRPA Water Quality Mitigation Funds, $128,075.00 in TRPA Water Quality Interest Mitigation Funds, and $189,374.00 in TRPA SEZ Mitigation Funds for construction-related costs of the project. City Council Resolution 2024-095 approved allocation of these funds to the project.
E. The City advertised the Rockwood to Blackwood Drainage Improvements Project for the second time on September 13, 2024 and bids were opened on October 8, 2024.
FW Carson Co. was deemed the apparent low bidder with a Base Bid of $1,726,869.00 and Add Bid Alternative 1 for $23,552.00, for a total contract cost of $1,750,421.00.
F. To maximize the utilization of available funding and to meet timing requirements for ARPA obligation and spending, staff is requesting to reallocate the remainder of ARPA funding from the Dennis Machida Bike Trail project account in the amount of $173,545 to the Upper Bijou Park Creek Watershed Restoration Project. This reallocation and the new use are consistent with the requirements of statutory category C, Revenue Loss for the provision of government.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes and directs the Director of Finance to amend FY 2024-2025 budget to transfer the remaining $173,545 in American Rescue Plan Act (ARPA) funding from the Dennis Machida Memorial Greenway Project account to the Upper Bijou Park Creek Watershed Restoration Project account as follows:
FROM:
301-50041-50014 Dennis Machida Bike Trail CIP Project (-) $173,545 (ARPA funding transfer out)
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TO:
301-40051-36375 Bijou Park Creek Restoration (+) $173,545 (ARPA funding transfer in)
2. Authorizes and directs the Mayor to execute the license agreement with California Tahoe Conservancy to allow construction and maintenance of project elements on Conservancy property.
3. Authorizes and directs the Mayor to execute the agreement with FW Carson Co. for a total of $1,750,421.00, plus a 10% contingency for $175,042.10.
Adopted by the City Council of the City of South Lake Tahoe on November 5, 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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CTC Resolution #24-06-05_City of South Lake Tahoe
LICENSE 2024-0915-LT-306
CITY OF SOUTH LAKE TAHOE – BIJOU PARK CREEK WATERSHED
RESTORATION PROJECT
This License Agreement (“Agreement”) is entered into this day of 2024, by and between the State of California acting through the California Tahoe Conservancy (hereinafter “Licensor”) and the City of South Lake Tahoe (hereinafter “Licensee”):
RECITALS
WHEREAS, Licensor owns or has an interest in certain real property known as El Dorado County Assessment Numbers: 025-191-009, 025-282-010, 025-510-087, 027-073-005, 027-203- 014, 028-100-048, and 028-141-047 (“the Property”);
WHEREAS, the City desires access to the Property in order to construct and maintain elements of the Bijou Park Creek Watershed Restoration Project (“Project”), including stream environment zone (“SEZ”) restoration, water quality treatment basins, storm water drain systems, conveyance pipe, and revegetation, as described and depicted in Exhibit A-1 and A-2 and in the subsequent Final Project Plans ("Final Plans").
NOW THEREFORE, in consideration of the mutual covenants, terms, restrictions, and conditions hereafter set forth, Licensor and Licensee hereby agree as follows:
WITNESSETH
1. License.
Subject to the provisions hereof, Licensor hereby grants a license to Licensee and its agent(s), including its duly authorized contractor(s), for:
Access onto portions of the Property, as shown in Exhibit B (the “License Area”), for the purposes of (1) conducting surveys; (2) constructing, maintaining, and repairing storm water conveyance pipe, an infiltration basin, channel improvements, and appurtenant improvements (collectively, the “Improvements”); (3) revegetation; and (4) staging and storing equipment and materials as reasonably necessary to support the above purposes and consistent with the Final Plans.
Licensee’s right to use the License Area is nonexclusive. Licensor shall have the right to enter and use the License Area for any purpose that will not unreasonably interfere with the rights granted to Licensee under this License.
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2. Term of Agreement.
The term of this Agreement shall be twenty (20) years, commencing on the date of execution of this Agreement, subject to Licensor’s right to unilaterally terminate this Agreement for good cause, or the Parties’ mutual agreement to terminate, as described in Section 12 below.
3. Condition Precedent to Construction of Improvements; Limitation on Staging and Storing.
In addition to any other conditions contained herein, Licensee shall not construct the Improvements on the License Area until Licensee submits to Licensor the Final Plans, and Licensor’s Executive Director or authorized designee has approved the Final Plans.
The Final Plans must identify any areas of the License Area upon which Licensee proposes to stage and store equipment and materials, and for how long such staging and storing will persist.
Staging and storing equipment and materials on the License Area shall be limited to the area and duration approved by Licensor’s Executive Director or authorized designee.
4. Time Allowed for Construction of Improvements.
All construction of Improvements authorized under this Agreement must be completed within the first five (5) years of this License, unless such time is extended by written consent of Licensor’s Executive Director or authorized designee.
5. Maintenance and Repair.
Licensee shall, at its expense and to the satisfaction of Licensor, keep and maintain the License Area in good order and repair and in safe condition. In the event Licensor determines that Licensee is failing to perform its obligations under this Section, Licensor may take action so as to keep and maintain the License Area in good order and repair and in safe condition, and Licensee shall reimburse Licensor, in accordance with Section 10, for all costs associated with such action.
Licensee shall operate and maintain any Improvements it constructs on the License Area for the Project purposes. Licensee may be excused from its maintenance obligations only upon the written approval of Licensor’s Executive Director for good cause shown. For purposes of this Section, “good cause” includes, but is not limited to, natural disasters which destroy the Improvements and render the Project obsolete or impracticable to rebuild.
Licensee will fully rehabilitate any areas of the License Area that are disturbed during construction of the Improvements, at Licensee’s expense and to the satisfaction of Licensor.
Licensee shall complete such rehabilitation on each of Licensor’s parcels immediately following completion of construction of the Improvements thereon. Rehabilitation shall include breaking up and loosening the surface of soil, application of mulch, re-seeding and revegetating, and irrigation (if deemed necessary by Licensor) to ensure permanent long-term restoration in a natural condition.
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6. Use
A. Qualifications on Use.
Licensee shall neither use nor knowingly permit any use of the License Area for any purpose other than that set forth in Section 1 hereof. Licensee shall not allow any act or thing which is or may be a nuisance to occur on the License Area. Licensee shall not use or knowingly permit others to use the License Area for any unlawful purposes.
This Agreement does not confer upon Licensee any drilling rights or any water or mineral rights or the right to extract any water or minerals of any kind or character, including without limitation oil, natural gas, hydrocarbon substances, geothermal steam, or minerals in solution. With the exception of trees that must be removed to construct the Project, Licensee shall not destroy, cut, or remove any timber, trees, or firewood standing or lying in the License Area, or knowingly permit others to commit any of said acts.
The License Area shall not be used for displaying signs and notices other than those connected with the activities authorized in Section 1 above.
Licensor has the right to post notices of nonresponsibility upon the Property, and to otherwise notify, actually or constructively, any entity or persons supplying services or materials to the Property that Licensor is not responsible for the cost thereof. Licensee covenants and agrees to hold Licensor and the Property harmless from any mechanic’s or materialmen’s liens claimed by any person, firm, or corporation employed by or on behalf of Licensee. In the event of the filing of any such lien, Licensee shall cause such lien to be released within five (5) days after Licensor’s written notice to do so. Licensee shall indemnify and defend Licensor against all liability, cost, and expense (including attorney’s fees) incurred by Licensor as a result of any such lien.
B. Prior Encumbrances.
Licensor makes no representations or warranties concerning the condition of the License Area.
This license is subject to all easements, leases, liens, conditions, restrictions, encumbrances, and claims of title which may affect the Property. Licensee accepts the Property (including, without limitation, Licensor-owned improvements, if any) in their present condition and without any representation or warranty by Licensor as to the condition of such Property or improvements, and Licensor shall not be responsible for any defect or change of conditions in the Property or such improvements, any damage occurring thereto or for the existence of any violation of any municipal, county, regional, State, bi-state or federal law, order, rule, regulation, or ordinance.
7. Public Notice.
Licensee shall provide reasonable notice to the public of the Project intent, duration, and limitations of public access, if any. Licensee shall identify alternate access to recreational areas, if applicable. Licensee shall provide the public with a method for communicating comments or questions and shall reasonably respond to public inquiry regarding the use of the License Area and the Project for the duration of this Agreement.
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8. Permits; Standards of Workmanship.
Licensee shall obtain and comply with all terms and provisions of all licenses, permits, and approvals required by any local, regional, State, bi-state, or federal organization with authority to regulate the activities of Licensee under this license. In addition, all activities performed under this Agreement shall comply with the terms and provisions of all licenses, permits, and approvals required for the Project; with all applicable building, fire, and sanitary laws, ordinances, and regulations; and with the Project’s Mitigated Negative Declaration, Addendum, and Mitigation Monitoring Plan.
9. Liability and Indemnification.
A. General.
Licensee agrees to release, hold harmless, indemnify, and defend (with counsel approved by Licensor) Licensor from and against all liability, cost, and expense (including, without limitation, attorney’s fees, in addition to costs of suit and judgment) for loss of or damage to any property or loss of the use thereof or for injury to or death of any person when arising or resulting from, in whole or in part:
(a) the use of the License Area or adjacent property by Licensee, its agents, employees, or any other authorized representative of Licensee (other than an agent, employee, or invitee of Licensor);
(b) Licensee’s modifications to the License Area or adjacent property, including but not limited to the construction, installation, modification, or maintenance of Improvements; (c) Any and all flood-related property damage claims related to Licensee’s construction, installation, use, modification, or maintenance of the Project; or (d) Licensee’s breach of any provision of this License, whether or not caused or contributed to by the negligence, active or passive or otherwise, of Licensor, its employees, agents, invitees, or any other person.
B. Environmental Impairment.
Licensee, at its expense, shall comply with all applicable laws, regulations, rules, and orders with respect to the use of the Property, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor.
Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Property due to Licensee’s use and occupancy thereof, Licensee, at its expense, shall be obligated to clean all the property affected thereby, whether owned or controlled by Licensor or any third person, to the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body having jurisdiction thereover. 118
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Licensee may not use pesticides, including any herbicides, on the Property for any reason without prior written approval from Licensor. Only those materials approved for the intended use by the California Department of Pesticide Regulation may be considered for use on the Property.
In the event Licensor authorizes pesticide use on the Property, label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers.
Licensee shall indemnify, hold harmless, and defend Licensor against all liability, cost and expense (including, without limitation, any fines, penalties, judgments, litigation costs, and attorney’s fees) incurred by Licensor as a result of Licensee’s breach of this Section, or as a result of any such discharge, leakage, spillage, emission, or pollution, regardless of whether such liability, cost, or expense arises during or after the license term, unless such liability, cost, or expense is proximately caused solely by the active negligence of Licensor.
Licensee shall pay all amounts due hereunder within thirty (30) days after any such amounts become due.
C. This section 9 shall survive expiration or termination of this Agreement.
10. Fees and Expenses.
The fee for this license is waived for the following reasons: (1) the rights granted under this Agreement will allow the Licensee to implement the Project to provide water quality, drainage, and climate resilience benefits; and (2) Licensee will reduce pollutants from its jurisdiction to assist in attaining its objectives under the Lake Tahoe Total Maximum Daily Load developed by the Lahontan Regional Water Quality Control Board and the Nevada Department of Environmental Protection.
Licensee shall bear the sole risk and pay all costs and expenses of whatever kind and nature which arise from this Agreement, including, without limitation, expenses to reconstruct, repair, and restore the License Area to the conditions in existence immediately prior to Licensee’s entry.
If Licensor shall have made payments on behalf of Licensee for any costs or expenses incurred herein, Licensee shall reimburse Licensor within thirty (30) days of receiving a statement of such costs from Licensor. Licensor shall have a lien on any Licensee-owned property on Licensor’s property as security for repayment of said amount.
11. Expiration or Termination.
A. General.
Licensor may unilaterally terminate this Agreement before the expiration for good cause, including any uncured default consistent with Section 13 below. The Parties may mutually agree in writing to terminate this Agreement prior to the expiration date.
Expiration or termination of this Agreement shall not release either Party from liability resulting from an event which occurred prior to such expiration or termination. 119
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B. Surrender and Restoration of License Area.
Upon the expiration or termination of this Agreement, Licensor will work with Licensee to establish a new license agreement or similar permission to continue use of the License Area. If such license or permission is not extended, Licensee shall discontinue the use of the License Area and, within one-hundred-and-eighty (180) days, remove all Improvements and personal property of Licensee (including that of its agents) from the License Area. Improvements and property of Licensee not removed from the License Area within one-hundred-and-eighty (180) days after the termination or expiration of this license shall become the property of the Licensor.
Excepting the Improvements, Licensee shall restore the License Area as nearly as possible to the conditions existing at the time of Licensee’s initial entry onto the License Area, including but not limited to backfilling and restoring any excavations and ground disturbances.
In the event Licensee fails to restore the License Area as required, Licensee agrees to reimburse Licensor for the costs and expenses Licensor incurs in restoring the License Area (including costs and expenses Licensor incurs in removing any Improvements not removed by Licensee). If Licensee fails to surrender possession any portion of the License Area upon expiration, revocation or termination of this license, Licensor shall have the right, to the extent permitted by law, to re-enter and remove Licensee and any person or entity claiming through Licensee from the License Area.
12. Default.
Licensee shall be in default under this Agreement if Licensee fails or refuses to pay any amount when due under this License. Licensee shall also be in default if Licensee fails or refuses to perform or abide by any other covenant or condition of this License.
If Licensee fails to cure a default within thirty (30) days after notice from Licensor to do so, Licensor shall have the right, without further notice and in addition to any other remedies Licensor may have at law or equity, to revoke the license granted under this Agreement forthwith and to retake possession of the License Area. If, however, the default is one that cannot reasonably be cured within thirty (30) days, then the parties will meet and confer on a timeline for cure and Licensor will not revoke the license so long as Licensee continues to diligently pursue a cure in a good faith effort to meet the mutually agreeable timeline for cure.
13. Insurance.
Throughout the term of this Agreement, Licensee or its contractor shall provide and maintain comprehensive general liability insurance, including but not limited to bodily injury and property damage insurance, in the amount of $1,000,000 for liability assumed by License under this Agreement.
Such insurance shall be obtained from a company or companies authorized to transact business in the State of California. Licensee shall provide the Licensor with an endorsement or certificate with such policy or policies specifying that: (a) the California Tahoe Conservancy, and its 120
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members, officers, agents, and employees are included as additional insureds for any liability resulting from, growing out of, or in any way connected with, or incident to this License, and (b) the California Tahoe Conservancy and the State of California are not responsible for premiums and assessments on the insurance policy.
Prior to accessing the License Area, the Licensee shall furnish Licensor with a copy of said endorsement(s) or certificate(s). Licensee hereby warrants that it will not cancel or reduce its insurance coverage without prior written notice to the Licensor, and that it will immediately notify the Licensor in writing of any cancellation of coverage initiated by the insurer.
If Licensee is self-insured, Licensee must provide proof of self-insurance and maintain its self insurance plan through the term of this License.
In the event that Licensee enters into an agreement or agreements with independent contractors or other third parties (other than agencies of the State of California or the United States) authorizing such parties to enter onto the License Area, such agreement(s) shall require that Licensee’s contractor(s) maintain general liability insurance in an amount of one million dollars ($1,000,000) or such other lesser amount as shall be reasonably approved by Licensor. In addition, Licensee shall make reasonable efforts to ensure that Licensor, and its officers, officials, employees, and volunteers, are included as additional insureds under the insurance required above and that a copy of the endorsements or certificate naming them as additional insureds is furnished to Licensor as soon as is practicable. In the event the contractor or third party is unable to name Licensor as an additional named insured, Licensee shall so notify Licensor. Within five (5) working days thereafter, Licensor shall notify Licensee whether Licensee may proceed with authorizing the contractor to enter upon the License Area.
Licensee hereby warrants that it or its contractor(s) will not cancel or reduce its insurance coverage without thirty (30) days prior written notice to Licensor, and that it will immediately notify Licensor in writing of any cancellation of coverage initiated by the insurer.
In addition, Licensee and all Licensee contractors shall pay any workers compensation to employees in accordance with the provisions of Section 3700 of the Labor Code. At the time of execution of this Agreement and prior to the commencement of work the Licensee shall provide Licensor with either a certificate of insurance issued by an insurance carrier licensed to write Workers Compensation Insurance in the State of California, including the name of the carrier and the date of expiration of the insurance, or a certificate of consent to self-insure issued by the Director of the Department of Industrial Relations.
14. Assignment.
Without the written consent of Licensor or its successors or assigns, Licensee’s rights and responsibilities under this Agreement may not be assigned. In the event Licensor consents to an assignment, the terms of this Agreement shall be binding on Licensee’s assignee. 121
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15. Nonwaiver.
Licensor’s failure to enforce or exercise its rights under any term, condition, or covenant of this Agreement shall not be construed as a waiver of such rights or such term, condition, or covenant.
16. Attorney’s Fees.
If either Party takes any steps or brings an action to compel performance of or to recover for breach of any term of this Agreement, the losing party shall pay reasonable attorney’s fees of the prevailing party, in addition to the amount of judgment and costs.
17. Notices.
Any notices, demands, or statements herein requested or required to be given by one Party to the other shall be in writing. Delivery of such written notice, demand or statement shall be conclusively taken as sufficient if and when delivered in person or deposited in the United States mail, registered or certified, postage fully prepaid, addressed, if to Licensor at: 1061 Third Street, South Lake Tahoe, CA 96150; and, if to Licensee at: City Manager, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150, with a copy to City Attorney at the same address. Either Party hereto may by written notice change the address to which such notices, demands, or statements may be sent. All payments from Licensee to Licensor shall be made to Licensor at Licensor’s address for notices unless Licensor gives Licensee notice of another address for making payments. Licensor may change by written notice the address where payments to Licensor shall be made.
18. Time is of the Essence.
Time is of the essence of this Agreement.
19. Severability.
The provisions of this Agreement are intended to be severable, separate, and distinct from each other. If any provision hereof is determined to be invalid or for any reason becomes unenforceable, no other provisions shall be thereby affected or impaired.
20. Modification.
This Agreement shall not be modified except by the written agreement of the Parties.
21. Authority.
The individuals executing this Agreement represent that they have the authority to enter into and to perform all acts required by this Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either party to the terms and conditions of this Agreement.
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22. Licensor and Licensee.
The terms “Licensor” and “Licensee” as used in this License includes each party’s member(s), officer(s), contractor(s), agent(s) or employee(s), and the successors and assigns of any of them.
23. No Third Party Beneficiaries.
Nothing in this Agreement is intended to create in the public or any member thereof rights as a third party beneficiary hereunder.
24. Captions.
The captions on the paragraphs of this Agreement are for convenience only and shall be of no force and effect whatsoever in interpreting the obligations or rights of the Parties hereunder.
25. Entire Agreement.
The contents of this Agreement are the entire agreement between the parties regarding this Agreement, and supersede all written and oral communication between the parties prior to its execution, all understanding and negotiations regarding the same having been merged herein, it being their intention that this be an integrated agreement. [signatures on following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the day and year first herein written.
CALIFORNIA TAHOE CONSERVANCY CITY OF SOUTH LAKE TAHOE By: ______________________________ By: ___________________________ Michael Steeves Cody Bass
General Counsel Mayor
1061 Third Street 1901 Lisa Maloff Way
South Lake Tahoe, CA 96150 South Lake Tahoe, CA 96150
California Tahoe Conservancy contact: Approved as to form:
Jen Greenberg
530-543-6060 ______________________________
[email protected] Heather Stroud, City Attorney Attest Mayor’s signature:
By: _____________________________
Sue Blankenship, City Clerk
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Exhibit A-1
The Improvements are described as follows:
Assessment Number Improvement
025-510-087 Vegetated swale and pipe outlets
025-191-009 Infiltration basin
025-282-010 Vegetated swale, pipe and inlet
027-073-005 Wetland basin modification
027-203-014 Vegetated swale, artificial channel restoration 028-100-048 Pipe outlet and channel modification
028-141-047 Channel modification
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CITY OF SOUTH LAKE TAHOE
DEPARTMENT OF PUBLIC WORKS
AGREEMENT
CITY OF SOUTH LAKE TAHOE
DEPARTMENT OF PUBLIC WORKS
AGREEMENT
for
ROCKWOOD TO BLACKWOOD DRAINAGE IMPROVEMENTS
PWC 16-30140051-01
CITY BID NO. 24-30140051-BN02
FEDERAL AID PROJECT NO. 21-PA-11051900-019
THIS AGREEMENT is made and entered into this ______ day of November, 2024, by and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and FW Carson Co., 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 ROCKWOOD TO BLACKWOOD DRAINAGE IMPROVEMENTS, 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 132
obligations as set forth in the Contract Documents to achieve Final Completion of the Work (as defined at Section 9.9 Special Provisions) by October 15, 2025 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 1st; 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.
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 $1,500 for each calendar day beyond October 1, 2025, and continuing until Bidder achieves Milestone #1, Substantial Completion (per Document 00100, Article 1.04.A.1). The Contractor shall pay the City the sum of $1,000 for each calendar day beyond that portion of the Contract Time within which the Bidder is required to achieve Milestone #2, Final Completion (per Document 00100, Article 1.04.A.3).
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 $95 per day, 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
Item # Quantity Unit Work Item Description Unit Price Total 1 1 LS Mobilization $109,224.00 $ 109,224.00
2 1 LS Temporary Traffic Control $34,374.00 $ 34,374.00 133
3 1 LS
Temporary Staging, Construction Access, and Project
Sign $29,934.00 $ 29,934.00
4 1 LS Construction Surveying and Staking $15,159.00 $ 15,159.00 5 1 LS
Temporary Erosion, Water Pollution, Dust Controls &
BMPs $39,662.00 $ 39,662.00
6 1 LS Temporary Barriers, Fencing, and Vegetation Protection $11,638.00 $ 11,638.00 7 1 LS Subsurface Facility Locations/Verification/Coordination $10,308.00 $ 10,308.00 8 24 EA Pothole Subsurface Facility (as directed) $2,370.00 $ 56,880.00 9 1 LS Clearing and Grubbing $39,580.00 $ 39,580.00
10 40 LF Remove, Salvage, & Reset Fencing $194.00 $ 7,760.00 11 1 LS
Remove, Salvage, & Reset Common Landscaping/Site
Facilities (Misc. Project Areas) $9,365.00 $ 9,365.00
12 1 LS Remove, Salvage, & Reset Shed $6,002.00 $ 6,002.00 13 25 LF Remove and Replace Block Wall $643.00 $ 16,075.00 14 55 SF Remove and Dispose Flagstone Pavers $26.00 $ 1,430.00 15 1 EA Tree Removal (25-35" DBH) $6,844.00 $ 6,844.00
16 11 EA
Utility Service Lateral Replacement (Coordination
w/Southwest Gas) - Ex. Natural Gas Service Lateral $2,264.00 $ 24,904.00 17 1 EA
Utility Service Replacement (Coordination w/Southwest
Gas) - Ex. Natural Gas Main $29,705.00 $ 29,705.00
18 2 EA
Utility Service Relocation (By Contractor) - Ex. Water
Service Lateral in City ROW $5,263.00 $ 10,526.00
19 6 EA
Utility Service Relocation (By Contractor) - Ex. Water
Service Lateral in HVEMHP $5,177.00 $ 31,062.00
20 1 EA
Utility Service Relocation (By Contractor) - Ex. 6"
Water Main in City ROW $32,921.00 $ 32,921.00
21 6 EA
Utility Service Relocation (Coordination w/Liberty) -
Ex. Electrical Conduit $2,966.00 $ 17,796.00
22 2365 SF Remove AC Surfaces (Inc. Sawcutting) $9.00 $ 21,285.00 23 350 LF
Decommission Existing Storm Drain Pipe (up to/incl.
36" dia) $67.00 $ 23,450.00
24 1 LS Earthwork $38,363.00 $ 38,363.00
25 100 CY
Slurry Cement (structural backfill/ shallow pipe
installations) $367.00 $ 36,700.00
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26 1 LS Temporary Shoring and Trench Safety $14,533.00 $ 14,533.00 27 150 LF 24" DIA. RCP (Class III) Storm Drain Pipe $280.00 $ 42,000.00 28 898 LF 24" DIA. SDR26 Storm Drain Pipe $345.00 $ 309,810.00 29 248 LF 12" DIA. SDR26 Storm Drain Pipe $227.00 $ 56,296.00 30 1 EA 72" DIA. Storm Drain Manhole w/ sand oil separator $51,871.00 $ 51,871.00 31 4 EA
48" DIA. Storm Drain Manhole w/ precast base (City
Furnished) $10,500.00 $ 42,000.00
32 4 EA
48" DIA. Storm Drain Manhole (City Furnished) - base
poured in place by Contractor $13,000.00 $ 52,000.00
33 4 LF 18" DIA. HDPE Storm Drain Pipe $600.00 $ 2,400.00 34 1 EA 36" CMP Drop Inlet $10,048.00 $ 10,048.00
35 1 EA Drop Inlet Insert Pretreatment at Existing DI $3,548.00 $ 3,548.00 36 2 EA 6x7x8 Custom Vault (City Furnished) $14,972.00 $ 29,944.00 37 220 SF AC Pavement (City R/W) $38.00 $ 8,360.00
38 18750 SF AC Pavement (Mobile Home Park) – Final Completion $13.00 $ 243,750.00 39 8 EA Adjust Existing Manholes and Utility Boxes to Grade $1,209.00 $ 9,672.00 40 1 EA
Storm Drain Flared End Section (Match Culvert
Size/Material) $5,225.00 $ 5,225.00
41 1 LS Storm Drain Inlet Structure w/ Trash Rack $17,987.00 $ 17,987.00 42 2200 SF Revegetation Treatment Type A $4.90 $ 10,780.00 43 12000 SF Revegetation Treatment Type D $2.80 $ 33,600.00 44 1255 SF ACB Fire Turnaround (Includes Concrete Edging) $74.00 $ 92,870.00 45 1 LS Traffic Striping/Markings $7,032.00 $ 7,032.00
46 1 LS
Decommission Sewer (Includes Flush Inlet) (By
Contractor) $4,336.00 $ 4,336.00
47 40 CY Unsuitable Subgrade (Contingent) $205.00 $ 8,200.00 48 20 EA Install Boulder Parking Barriers $483.00 $ 9,660.00 BASE BID AMOUNT: $1,726,869.00
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ADD BID ALTERNATIVE SCHEDULE
Item
# Quantity Unit Item Description Unit Price Total
1 4 LF 18" DIA. SDR26 Storm Drain Pipe $925.00 $3,700.00 2 2 EA 36" CMP Drop Inlet $8,826.00 $17,652.00
3 4 LF Remove Existing Storm Drain $550.00 $2,200.00
ADD BID ALTERNATIVE 1 AMOUNT: $23,552.00
TOTAL CONTRACT SUM: $1,750,421
For the Total Contract Sum of ONE-MILLION SEVEN-HUNDRED FIFTY THOUSAND FOUR-HUNDRED TWENTY-ONE dollars and ZERO cents.
The above Total Contract Sum includes all allowances, if any, provided for in the Contract Documents.
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 136
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) Good Faith Effort for Local Hiring on Public Works Contracts (Document 00421);
(g) Verification of Contractor and Subcontractor DIR Registration (Document 00423)
(h) California Air Quality Control Board (CARB, Certificates of Reported Compliance (CRC) (Document 00424);
(i) Self-Performance Declaration (Document 00425);
(j) Debarment and Suspension Certifications (Document 00430); (k) Non-Collusion Declaration (Document 00432);
(l) Worker's Compensation Certification (Document 00435); (m) Business and Professions Code Sections 7028.15 and 7031 Statement (Document 00440);
(n) Bidder's Statement of Financial Responsibility, Technical Ability and Experience (Document 00450);
(o) Equal Employment Opportunity Certification (Document 00460); (p) Non-Lobbying Certification (Document 00465);
(q) Disclosure of Lobbying Activities (Document 00466); (r) Agreement (Document 00500);
(s) Payment Bond Form (Document 00610);
(t) Performance Bond Form (Document 00620);
(u) Sample Escrow Agreement for Security Deposits In Lieu of Retention (Document 00630);
(v) Warranty/Guaranty Form (Document 00635);
(w) Acknowledgment of City Code (Document 00640);
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(x) Bid Document Certification (Document 00650);
(y) The Standard Specifications of the State of California, Department of Transportation, dated 2022; the Standard Plans of the State of California, Department of Transportation, dated 2022, and the South Lake Tahoe Public Improvement and Engineering Standards;
(z) Special Provisions (which incorporate by reference, and, as specified, modify the Standard Specifications of the State of California, Department of Transportation, dated 2022; the Standard Plans of the State of California, Department of Transportation, dated 2022, and the South Lake Tahoe Public Improvement and Engineering Standards) (Document 00700);
(cc,) Supplemental Conditions (Document 00800), if any; (dd) General Requirements, if any;
(ee) Construction Progress Documentation (Document 01300); (ff) Technical Specifications;
(gg) Contract Drawings;
(hh) Addenda (numbers ___ to____, inclusive; and
(ii) Permits from other agencies as may be 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.
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, the California Tahoe Conservancy, the United States Forest Service, and Heavenly Valley Estates Mobile Home Park 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. 138
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 California Tahoe Conservancy, the United States Forest Service, 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.
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 Contractor:
FW Carson Co.
Troy Carson
1064 Tahoe Blvd.
Incline Village, NV 89451
Notices required to be given to City:
Public Works Director/City Engineer
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150-6251
139
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.
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 140
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: _________________________ By __________________________ By Troy Carson
Mayor, City of South Lake Tahoe,
State of California Title _______________________________
Business License No. ________________
ATTEST: APPROVED AS TO FORM:
By _______________________________ By ________________________________ City Clerk City Attorney
City of South Lake Tahoe City of South Lake Tahoe
141
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:10
Agenda Item: Subrecipient Agreement with Tahoe Coalition for the Homeless for Use of Prohousing Incentive Program Funds for Rehabilitation of Three Homekey Properties (Bear's Den, Bird's Nest, and Red Lodge)
Executive Summary: In January 2024, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Prohousing Incentive Program (PIP) 2023 - Round 2. The grant award formula allows the city to receive $620,000 in grant funds. The City was awarded to subgrant the Tahoe Coalition for the Homeless $120,000 under eligible use for design and engineering plans for Best Management Practices, ADA and accessibility upgrades, and any other rehabilitation work allowable with remaining funding for the 72 units of permanent housing.
Requested Action / Suggested Motions: 1) Pass a Motion authorizing and directing the Mayor to execute a Subrecipient Agreement with Tahoe Coalition for the Homeless to administer the funds and execute the scope of work for the Prohousing Incentive Program funds; and 2) Pass as Resolution authorizing the Finance Director to appropriate a total of $120,000 into the revenue and expense budget line items for the PIP award for the expenditures to Tahoe Coalition for the Homeless.
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Subrecipient Agreement with TCH.docx
02 - Resolution - Budget Appropriation.docx
03 - Subrecipient Agreement_PIP_TCH.docx
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Council Agenda Report November 5, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: Subrecipient Agreement with Tahoe Coalition for the Homeless and Budget Appropriation of Prohousing Incentive Program (PIP) Funds Location: 2250 Lake Tahoe Blvd. (Bears Den), 2215 Lake Tahoe Blvd. (The Bird’s Nest), 1137 Emerald Bay Road (Red Lodge)
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Background: In an effort to further push city and county jurisdictions to address the statewide housing crisis, the Newsom Administration and California Legislature created the Prohousing Designation Program as part of a package of technical assistance, accountability measures, and incentives to address housing and homelessness.
On September 12, 2023, City Council authorized Resolution 2023-082 for application to and participation in the Prohousing Designation Program. The motion was made by Councilmember Friedrich and seconded by Councilmember Wallace. The City of South Lake Tahoe was awarded the Prohousing Designation in March 2024.
In January 2024, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Prohousing Incentive Program (PIP) 2023 - Round 2. The PIP awards funds are based on the Prohousing Designation program score and jurisdiction size. The City submitted the Prohousing Designation program application which still allows eligibility to apply for the PIP. While the NOFA was released in January, the City was still not eligible until March 2024. Due to the short timeline, staff submitted a PIP application by the submission date of March 15, 2024 and City Council approved Resolution 2024 – 042 on March 26, 2024 ratifying the application for, and authorizing receipt of, Prohousing Incentive Program (PIP) funds.
Issue and Discussion: On July 8, 2024, the City received the award letter from HCD for $620,000 for the rehabilitation of TCH’s three Homekey properties and the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard.
Resolution 2024-042 authorizes the City Manager to accept the grant and sign the Standard Agreement. However, Council action is necessary to enter into a Subrecipient Agreement with TCH to administer the funds and executed the scope of work. City Council authorization is also needed to appropriate a total of $120,000 into the revenue and expense budget line items for the expenditures to Tahoe Coalition for the Homeless.
Financial Implications: The Prohousing Incentive Program is a competitive grant process available from HCD, which the City is eligible to apply for due to the Prohousing Designation.
Based on the City’s Prohousing score, jurisdiction population, and geographic region formula, 143
Council Agenda Report November 5, 2024 Page 2 of 3
the City is eligible to receive $620,000. The City was awarded the $620,000 of which, $500,000 will be granted for predevelopment or construction costs to Novin and SMR Development for 3900 and 3908 Lake Tahoe Blvd affordable housing project. The remaining $120,000 will be granted to Tahoe Coalition for the Homeless for rehabilitation costs at their three Homekey properties including: the Bear’s Den (2250 Lake Tahoe Boulevard), 2215 Lake Tahoe Blvd (The Bird’s Nest), and1137 Emerald Bay Road (Red Lodge).
Staff recommends that the PIP funds be appropriated, consistent with the Standard Agreement, as follows:
Account Number 253-06010
Revenue (33244 Housing Grants): $120,000
Expenditures (42025 Contract Services): $120,000
Environmental Considerations: The proposed project that would use grant funds is categorically exempt from environmental review under CEQA Guidelines Section 15301, Existing Facilities, which exempts “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use” including “restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.”
The project qualifies for a National Environmental Policy Act (NEPA) Categorical Exclusion pursuant to 24 CFR 58.35(a). The City completed required documentation and public noticing in compliance with NEPA as part of the grant application.
Policy Implications: This action would be consistent with an existing Memorandum of Understanding between the City and TCH where both parties agreed to seek to identify opportunities to develop shared strategies to prevent and reduce homelessness experienced by South Lake Tahoe residents and committed to jointly reviewing funding opportunities available to bring financial resources to our community which serve the priorities of the City.
The recommended action is also consistent with the following adopted policies and programs:
City Strategic Plan
Action Item 1.3.6 Continue to work with the Tahoe Coalition for the Homeless to rehabilitate properties purchased through Project Homekey.
Action Item 3.1.3 Work with local partners to support permanent supportive housing/transitional homeless shelter resources and provide more services to mitigate existing homeless camps. 144
Council Agenda Report November 5, 2024 Page 3 of 3
City General Plan Housing Element
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.
Policy 4-2 The City shall work with surrounding jurisdictions to address the causes of homelessness and the needs of transient homeless persons on a regional basis. The City shall support TCH and El Dorado County Community Services and in its countywide programs address the needs of homeless persons.
Policy 4-4 The City shall provide priority permit processing of projects that are targeted toward special-needs groups, such as seniors, the disabled (including the developmentally disabled), and the homeless, including priority for building plan check, subdivision map review, improvement plans for roadways and utilities, and environmental impact analysis. 145
Resolution 2024-XXX November 5, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
November 5, 2024
Budget Appropriation of Prohousing Incentive Program (PIP) Funds
BACKGROUND
A. The City of South Lake Tahoe’s Strategic Plan includes Action Item 1.3.6 Continue to work with the Tahoe Coalition for the Homeless to rehabilitate properties purchased through Project Homekey.
B. On September 12, 2023, City Council authorized Resolution 2023-082 for application to and participation in the Prohousing Designation Program. The City of South Lake Tahoe was awarded the Prohousing Designation in March 2024.
C. On March 15, 2024, City Council approved Resolution 2024 – 042 on March 26, 2024 ratifying the application for, and authorizing receipt of, Prohousing Incentive Program Funds to provide funds for the affordable housing project at 3900 Lake Tahoe Blvd. and for rehabilitation of the three Project Homekey properties owned by Tahoe Coalition for the Homeless.
D. On July 8, 2024, the City received the award letter from the California Department of Housing and Community Development for $620,000 that includes $120,000 for the rehabilitation of the three Project Homekey properties owned by Tahoe Coalition for the Homeless.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Appropriate budgeting on the PIP funds into account number 253-06010 as follows:
Revenue (33244) $120,000
Expenditures:
Contract Services 42025 $120,000
Adopted by the City of South Tahoe City Council on November 5, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor
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Resolution 2024-XXX November 5, 2024 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
147
SUBRECIPIENT AGREEMENT
AGREEMENT BETWEEN CITY OF SOUTH LAKE TAHOE
AND
TAHOE COALITION FOR THE HOMELESS
FOR
PROHOUSING INCENTIVE PROGRAM FUNDS
THIS AGREEMENT, entered this _____ day of __________, 2022 by and between the City of South Lake Tahoe (herein called the “Grantee”) and Tahoe Coalition For The Homeless (herein called the “Subrecipient”).
WHEREAS, the Grantee has applied for and been awarded funding from California Housing and Community Development Department (HCD);
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
The Subrecipient will be responsible for administering a Prohousing Incentive Program (PIP) grant in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds.
There are ten eligible uses for PIP grant funds and the grant use for Tahoe Coalition for the Homeless will utilize the following eligible activity under PIP:
vi. Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
Under Eligible Activity VI in the PIP Guidelines, TCH will utilize funds for the rehabilitation of the Bears Den Inn (2250 Lake Tahoe Blvd), The Bird’s Nest (2215 Lake Tahoe Blvd), and Red Lodge (1137 Emerald Bay Road) to satisfy current building code standards for multifamily housing.
As funding allows, the items to be funded at the three properties includes: general maintenance and repair work, for design and engineering plans for Best Management Practices, ADA and accessibility upgrades, and any other rehabilitation work allowable with remaining funding Some items may require building permits, in which construction plans by a licensed architect or engineer and construction completed by licensed contractors, may be required.
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Subrecipient will ensure completion of the activity described above in compliance with all applicable laws and regulations. Subrecipient will provide all project and contract management and administration associated with completion of the activity in a manner consistent with the funding source and will maintain documents and records necessary to demonstrate compliance. Subrecipient will provide the Grantee with documentation and information necessary to complete all grant reporting.
Subrecipient commits the following staffing to delivery of the described activity:
● Executive Director (currently Kimberly Peterson)
Subrecipient shall notify Grantee of any changes in the Key Personnel assigned or their general responsibilities under this project.
Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start upon execution of this Agreement and end on June 30, 2026.
III. BUDGET
Line Item Amount:
Engineering/Design Plans,
Construction &
Construction Supplies $120,000
TOTAL $120,000
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IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $120,000. Drawdowns for the payment of eligible expenses shall be made against the budget line items. It is agreed and understood that payment for work inconsistent with the performance milestones and scope of services described in this agreement shall not be provided.
Subrecipient shall submit quarterly progress reports to Grantee along with reimbursement requests which include a cover letter describing the reimbursement request as it relates to the scope of work and performance milestones along with an invoice, receipts, cancelled checks, and any other documentation necessary to support compliance with this agreement.
Grantee shall provide reimbursement payments to Subrecipient quarterly upon receipt and review of reimbursement requests. Grantee is not responsible for direct payment of any goods or services procured by the Subrecipient. Grantee reserves the right to deny a request or request additional documentation to verify eligibility of an expense.
Grantee shall make every effort to expeditiously resolve any reimbursement issues and communicate to Subrecipient the delay in reimbursement.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by email. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract representatives:
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Grantee Subrecipient
Joseph Irvin, City Manager Kimberly Peterson, Executive Director City of South Lake Tahoe Tahoe Coalition For The Homeless 1901 Lisa Maloff Way PO Box 13514
South Lake Tahoe, CA 96150 South Lake Tahoe, CA 96151
(530) 542-6043 (530) 600-2822
VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
F. Grantee Recognition
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The Subrecipient shall ensure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination
The Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HCD guidelines, policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.
This Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
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A. Financial Management
1. Accounting Standards
The Subrecipient agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A-122, “Cost Principles for Non-Profit Organizations.” These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records required to determine the eligibility of activities; c. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with PIP assistance;
d. Records documenting compliance with the fair housing and equal opportunity components;
e. Financial records as required; and
g. Other records necessary to document compliance.
2. Retention and Inspection of Records
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited, then such records must be retained until completion of the actions and resolution of all issues.
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The Subrecipient agrees to retain all records for a period of five years after the end of the term of this Agreement:
a) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues, which arise from it.
b) The Subrecipient also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Grantee’s right to audit the contractor’s records and interview their employees. The Subrecipient shall comply with all caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10.
C. Reporting and Payment Procedures
1. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.
2. Progress Reports
The Subrecipient shall submit quarterly Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.
IX. COMPLIANCE WITH STATE AND FEDERAL LAWS, RULES, GUIDELINES
AND REGULATIONS
The Subrecipient agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Subrecipient, and any other Grant activity.
XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
XII. SECTION HEADINGS AND SUBHEADINGS
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The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIII. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
XIV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.
Date: November 5, 2024
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
[Grantee] [Subrecipient]
By_______________________________________By___________________________ Cody Bass, Mayor Kimberly Peterson, Executive Director
City of South Lake Tahoe Tahoe Coalition for the Homeless
Attest_______________________________________
Susan Blankenship, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
______________________________________________
Heather Stroud, City Attorney
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
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 5,
2024
Agenda Item #:11
Agenda Item: Purchase of Freightliner Dump Truck from Velocity Truck Center Executive Summary: Staff recommends purchasing a Freightliner Dump Truck for Street Repair Maintenance. The budget for the purchase of this truck was approved with the Annual Budget for FY 2024-2025. The purchase is through a cooperative purchasing agreement with Sourcewell.
Requested Action / Suggested Motions: Pass a Motion to authorizing and directing the Mayor to execute a Purchase Order with Velocity Truck Center to purchase one 2025 Freightliner Dump Truck for $199,968.41.
Responsible Staff Member: Anush Nejad, Director of Public Works, Phil Harwood, Fleet Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Dump Truck.docx
02- Sourcewell Agreement.pdf
03 - Velocity Dump Truck Purchase Order
04 - Advanced Clean Fleets Regulation - ZEV Milestones Option.pdf 156
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City of South Lake Tahoe
Report to City Council
Meeting Date: November 5, 2024
Title: Purchase of a Freightliner Dump Truck
Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Work – (530) 542-6031 Phil Harwood, Fleet Supervisor – (530) 542-6086
Background: The Street Operations Division has a need for a new Dump Truck which is primarily used to haul asphalt and other construction materials for Street Repair. The dump truck is also used to haul snow and other materials. This item was presented with the FY 24-25 Budget request and was approved by the City Council on August 27, 2024 Issue and Discussion: The proposed vehicle will enhance the Streets Maintenance and Snow Operational process. The dump truck purchase will be sourced through the cooperative purchasing agreement. See Attachment 02. The financial Implications section below outlines the purchase cost and funding source.
Financial Implications: The proposed dump truck will be purchased from Velocity Truck Centers of Sparks, NV, through Sourcewell cooperative purchasing contract for $199,968.41. See Attachment 03. Funding for the purchase of the dump struck will be through Vehicle Replacement Account 210-03010-46130 (Vehicles) that was allocated with the amount of $395,805 in FY 2024/25 adopted budget.
Environmental Considerations: This purchase is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies). The proposed truck meets the California Clean Fleet regulations. See Attachment 04.
Policy Implications: The purchase of the dump truck will improve Street and Snow Maintenance operations.
The purchase of the vehicle and equipment contemplated herein will be via Cooperative Purchasing Contract. City Code Section 3.45.090 allows for Cooperative Purchasing: “Where another governmental agency performs a solicitation and/or bid process for the city and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies, and equipment is based on an agreement or cooperative purchasing program pursuant to authority granted by statute or ordinance, pursuant to a contractual arrangement between the city and said the governmental agency, or pursuant to a determination by the city manager that the governmental agency conducted a competitive bidding process, the city may purchase materials, supplies and equipment based upon the governmental agency’s solicitation and/or bid process without 157
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complying with the bidding requirements of this chapter. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-8)”
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Solicitation Number: RFP #032824
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC, dba National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted
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price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and
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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
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R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC, dba National Auto Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: National Fleet Manager Date: ________________________ Date: ________________________
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National Auto Fleet Group
A Division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831) 480-8497 Fax
Fl eet@N atio n a IAuto Fl eetG ro up .com
Contract Manager
[email protected]
Office (855) 289-6572
Fax (831) 480-8497
RA.INII
Quote ID#3061HD
Chassis and Option
Tax (8.75%)
Total
This sourced item(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 032824-NAF.
Please reference this Bid Number on all Purchase Orders.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
$ 199,968.41
10/16/2024
City of South Lake Tahoe
1901 Airport Road
South Lake Tahoe, CA 96150
Dear City of South Lake Tahoe,
National Auto Fleet Group is pleased to quote the following sourced item(s) for your consideration. One (1) New/Unused (2025 Freightliner M2106, DD8 7.7L 6 Cyl Single Stage 300 HP Engine, Allison 3500 RDS Transmission with 15' Valew Dump Body) and provided by Mr. Jim Pescitelli with Velocity Truck Center, each for:
$ 183,879.00
$ 16,089.41
Contract Price
191
Valew 15’- 10/12 Yard Square Dump
Valew Dump Truck Specifications: Installed on
your chassis!
Specifically designed for extreme use. All steel gauges have been increased for greater durability.
Approximately 10/12 yard-15’
Hydraulic Hoist (telescopic style)
Hydraulic Pump
Hot Shift PTO
Hydraulic Reservoir
Double Walled Construction
3/16” interior, 10ga. exterior
One Piece Steel Floor
Headboard
Cab Guard
Spreader Apron
Center Ditch Gate
Safety Locking Controls
Air Tail Gate Release
Tailgate
Standard Ph 45 Hitch assembly w/ air and electric to rear Spring Loaded Tarp System
Primer and Painted Black
Note: A clean 126”-132” CT is needed
Quote # VV-11422 / Quoted By: Chad / Accepted By: ____________________ 192
VEHICLE DATA CODE INQUIRY
VEHICLE DETAIL
Serial Number: VN9358 Plant Code: SAN
Fleet Size: 5 VIN: 3ALHCYD24SDVN9358
Split Range: VN9358/VN9362 Customer Name: VALEW
TSO Number: 9E3864 Salesperson: BRYAN CRAWFORD
Pilot: N CAE Coordinator: MATTHEW RITTENHOUSE
Open TCO: N 8 Customer Account: V46897
SPECIFICATIONS
Base Model: M2106 Cab Size: 106
Sleeper Size: 000 Qty Cab Colors: 1
Key Code: FT1034 Engine Model: DD08
Transmission Model: 3500RDS Auxiliary Transmission:
Front Axle: S180D Rear Axle: T40M
Tag/Pusher Axle Model: Suspension Model: FL9.5T
TSO Processing: COMPLETE Engineering CWOS: COMPLETE
Pricing Issues: COMPLETE
SCHEDULE
Order Status: DEALER RECEIVED Status Date: 2024-03-06
Order Received Date: 2023-10-13 Delivery Requested Date:2024-02-20 Latest Accept Date: 2024-02-20 Projected Delivery Date: 2024-03-09 Order Released Date: 2023-11-06 Ship Method: DRIVEABLE
SHIPPING/PRICING
Transit Start Date: 2024-03-01 Estimated Arrival Date: 2024-03-07 Delivered Date: 2024-03-06 Spec Con Date: 2024-02-02
Official Invoice Date: 2024-02-27 Retail Sold Date:
Concession Number: R34179 Price Level: PRL-24M
PDI Received Date: PDI Returned Date:
Approval Date: TCO Approval:
Ship To: VALEW WELDING AND FABRICATION
12522 VIOLET RD
ADELANTO ,CA92301
USA
760-596-8576
Ship Intructions:
193
Databook OriginTCO # Description Value
PRICE LEVEL INFORMATION
PRL-24M 001 M2 PRL-24M (EFF:1/19/21)
GENERAL APPLICATION INFORMATION
AA1-003 D TRUCK/TRAILER CONFIGURATION
AA6-001 D DOMICILED, USA 50 STATES (INCLUDING CALI
D FORNIA AND CARB OPT-IN STATES)
AF2-013 D DOMICILED CALIFORNIA
A85-011 D CONSTRUCTION SERVICE
AA3-003 D TANK BODY
AA2-005 D FLATBED TRAILER
AH6-001 D SINGLE (1) TRAILER
AA5-006 D TERRAIN/DUTY: 10% (SOME) OF THE TIME, IN
D TRANSIT, IS SPENT ON NON-PAVED ROADS
AB5-003 D MAINTAINED GRAVEL OR CRUSHED ROCK - MOST
D SEVERE IN-TRANSIT (BETWEEN SITES) ROAD
D SURFACE
AB1-008 D MAXIMUM 8% EXPECTED GRADE
AA4-002 D LIQUID BULK COMMODITY
A84-1CO D CONSTRUCTION BUSINESS SEGMENT
A66-99D D EXPECTED FRONT AXLE(S) LOAD 18000 LBS
A68-99D D EXPECTED REAR DRIVE AXLE(S) LOAD 40000 LBS
A63-99D D EXPECTED GROSS VEHICLE WEIGHT CAPACITY 58000 LBS A70-99D H EXPECTED GROSS COMBINATION WEIGHT 60000 LBS
AC8-99D S CALC'D BACK OF CAB TO REAR SUSP C/L (CA) 133.268 IN AL8-99D S CALC'D CAB TO BODY (INCL 2" CLEARANCE) 3 IN
A88-99D D EXPECTED TRUCK BODY LENGTH 180 IN
AL4-99D S CALC'D FRAME LENGTH BACK OF CAB 214.961 IN
AL6-99D S CALC'D BODY AFT OF EOF (+=BODY OVERHANG) -31.961 IN AM1-99D S CALC'D OVERALL LENGTH AT BODY OR EOF 321.26 IN AC3-99D S CALC'D VEHICLE SPEED @ GOVERNED ENG RPM 83.243 MPH AF7-99D D BRAKING-EXP CG OF BODY&LOAD ABOVE FRAME 32 IN AK2-99D S BRAKING-MAX CG OF LOAD ABOVE FRAME @GVWR 32 IN AM3-99D S CALC'D FRAME HEIGHT @ REAR SUSP-EXP LOAD 40.226 IN AR1-99D S CAL'D FRAME HT AT FRONT SUSP-UNLADEN 42.438 IN AM2-99D S CALC'D FRAME HEIGHT @ REAR SUSP-UNLADEN 42.741 IN AM0-99D S TOP OF FRM TO RR TIRE TOP-UNLD 0.541 IN
ALG-99D S CALC'D CAB HEIGHT ABOVE FRAME 62.799 IN
ALJ-99D S CALC'D CAB HEIGHT ABOVE GROUND; EXP LOAD 102.446 IN ALH-99D S CALC'D CAB HEIGHT ABOVE GROUND; UNLADEN 105.329 IN AF3-2BT D VALEW
MAXIMUM GVW & AXLE SYSTEM CAPACITIES
A61-99D S CALC'D MAX CAPACITY FRONT AXLE(S)TOTAL 18000 LBS A59-99D S CALC'D MAX CAPACITY DRIVE AXLE(S) TOTAL 40000 LBS A60-99D S CALC'D MAX CAP PUSHER/TAG AXLE(S) TOTAL 0 LBS A62-99D S RATED MAXIMUM VEHICLE CAPACITY - GVWR 58000 LBS
BASE MODEL
001-172 D M2 106 CONVENTIONAL CHASSIS F 5709 R 3450
004-225 D 2025 MODEL YEAR SPECIFIED
995-091 D MEDIUM TRUCK WARRANTY
002-004 D SET BACK AXLE - TRUCK
019-006 D TRAILER TOWING PROVISION AT END OF FRAME F 10 R 10 D WITH SAE J560
81Z-010 S 002 PRODUCTION YEAR 2024 SOFTWARE PACKAGE (H
S EMATITE)
003-001 D LH PRIMARY STEERING LOCATION
ENGINE
101-2M9 D DD8 7.7L 6 CYL SINGLE STAGE 300 HP @ 220 F 450 R 30 D 0 RPM, 2600 GOV RPM, 860 LB-FT @ 1200 RP
D M
99C-124 D EPA 2010 GHG 2024/CARB 2024 ULTRALOW NOX
194
Databook OriginTCO # Description Value
D CONFIGURATION
99X-024 S OBD 2024
99Z-006 S VEHICLE IS SUBJECT TO EPA GHG21/GHG24
99D-018 D CARB CLEAN IDLE LABELS FOR INITIAL REGIS
D TRATION IN STATES REQUIRING CARB EMISSIO
D NS CERTIFICATION - (INCLUDES 6X4 INCH LA
D BEL ON LOWER FORWARD OF DRIVER DOOR)
055-017 D PROFESSIONAL TRIM PACKAGE
9EE-001 S CEEA+ 667 ELECTRICAL ARCHITECTURE
992-001 S 50 STATE EMISSIONS CERTIFICATION
S **DO NOT USE**
28F-014 D ENGINE AFTERTREATMENT DEVICE, AUTOMATIC
D OVER THE ROAD REGENERATION AND VIRTUAL R
D EGENERATION REQUEST SWITCH IN CLUSTER
79A-064 D 64 MPH ROAD SPEED LIMIT
79B-000 D CRUISE CONTROL SPEED LIMIT SAME AS ROAD
D SPEED LIMIT
79C-998 D NO DRIVER FUEL ECONOMY INCENTIVE
79D-998 D NO PROGRESSIVE SHIFTING
79E-998 D NO LOW RANGE TORQUE PROTECT
79F-013 D FLEET MANAGEMENT - DAILY ENGINE USAGE EN
D ABLED
79G-998 D NO IDLE SHUTDOWN CONFIGURATION
79J-998 D NO PTO SHUTDOWN CONFIGURATION
79K-016 D PTO MODE ENGINE RPM LIMIT - 2000 RPM
79L-998 H 003 PTO MODE THROTTLE OVERRIDE DISABLED
79M-998 D PTO MODE BRAKE OVERRIDE - DISABLED
79N-998 D NO PTO MODE CLUTCH OVERRIDE
79P-032 H PTO RPM CONTROL WITH STEERING WHEEL SWIT
H CHES
79Q-998 H NO PTO RPM WITH CRUISE RESUME SWITCH
79R-998 D NO PTO MODE COOLING FAN
79S-007 D PTO MODE CANCEL VEHICLE SPEED - 20 MPH
79T-004 D PTO MODE RPM INCREMENT - 100 RPM
79U-007 D PTO GOVERNOR RAMP RATE - 250 RPM PER SEC
D OND
79V-001 D FUEL DOSING OF AFTERTREATMENT ENABLED IN
D PTO MODE-CLEANS HYDROCARBONS AT HIGH TE
D MPERATURES ONLY
79W-001 D ONE REMOTE PTO SPEED
79X-001 D PTO SPEED 1 SETTING - 700 RPM
79Y-998 D NO PTO 2 SET SPEED
79Z-998 D NO PTO 3 SET SPEED
80A-998 D NO ALTERNATE ROAD SPEED LIMIT
87W-998 D NO PTO MODE ENG RPM LIMIT, PTO 2
87X-998 D NO PTO MODE ENG RPM LIMIT, PTO 3
87Y-998 D NO PTO MODE ENG RPM LIMIT, PTOEM
87Z-998 S NO PTO MODE ENG RPM LIMIT, REMOTE
88X-998 S NO PTO 1 REMOTE SET SPEED
88Y-998 S NO PTO 2 REMOTE SET SPEED
88Z-998 S NO PTO 3 REMOTE SET SPEED
85U-998 D NO AMT COAST DOWN GEAR
80B-998 D NO CHECK ENGINE LIGHT ON OVERSPEED
80C-998 D NO ENGINE BRAKE WITH CRUISE CONTROL
80D-998 D NO SOFT CRUISE CONTROL
80E-998 D NO ENGINE FAN WITH RETARDER
80F-998 D NO MAINTENANCE MONITOR
80G-002 D PTO MINIMUM RPM - 700
80S-022 H 006 PTO 1, WITH SWITCH, TEM SUPPLIED REQUEST
H AND INTERLOCKS, WITH PTO CONNECTIONS, E
195
Databook OriginTCO # Description Value
H NGAGE WHILE DRIVING INTERLOCKS
80T-998 D NO TRANS PTO 2 ENGAGEMENT CONTROLS
80U-998 D NO PTO 3 CONTROLS
80V-998 D NO ENGINE PTO MODE ACTIVATION CONTROLS
85P-998 D NO REAR PTO TRANSMISSION RANGE
85Q-998 D NO AMT DEFAULT START GEAR
85K-998 S NO PTO 1 J1939 CONTROL
85L-998 S NO PTO 2 J1939 CONTROL
85M-998 S NO PTO 3 J1939 CONTROL
85N-998 S NO ENGINE MOUNT PTO J1939 CONTROL
80H-998 D NO ACCELERATION MANAGEMENT
80J-001 D REGEN INHIBIT SPEED THRESHOLD - 0 MPH
80R-998 S NO DRIVETRAIN TORQUE PROTECTION
80Y-998 S NO CRUISE CONT-UPPER/LOWER LIMITS
84E-013 D S1 PERFORMANCE PRIMARY SHIFT SCHEDULE, A
D VAILABLE FOR 3000/4000 PRODUCT FAMILIES
D ONLY
84F-012 D S1 PERFORMANCE SECONDARY SHIFT SCHEDULE,
D AVAILABLE FOR 3000/4000 PRODUCT FAMILIE
D S ONLY
84G-014 D 2200 RPM PRIMARY MODE SHIFT SPEED
84H-014 D 2200 RPM SECONDARY MODE SHIFT SPEED
84J-000 D ENGINE BRAKE RANGE PRESELECT RECOMMENDED
D BY DTNA AND ALLISON, THIS DEFINED BY EN
D GINE AND VOCATIONAL USAGE
84K-000 D ENGINE BRAKE RANGE ALTERNATE PRESELECT R
D ECOMMENDED BY DTNA AND ALLISON, THIS DEF
D INED BY ENGINE AND VOCATIONAL USAGE
84M-998 D TCU-PUMP MODE OPTION NOT CONFIGURED
85B-998 D TCU-RANGE INDICATION NOT CONFIGURED
85E-009 D MAXIMUM ENGINE SPEED FOR PTO ENGAGEMENT
D 900 RPM
85F-036 D MAXIMUM ENGINE SPEED FOR PTO OPERATION 2
D 100 RPM
85G-011 D MAXIMUM OUTPUT SPEED FOR PTO ENGAGEMENT
D 300 RPM
85H-119 D MAXIMUM OUTPUT SPEED FOR PTO OPERATION 3
D 000 RPM - ALLISON 5TH GEN TRANSMISSIONS
85J-998 D NO TCU-2ND REVERSE OPTION
ENGINE EQUIPMENT
13E-001 D STANDARD OIL PAN
105-001 D ENGINE MOUNTED OIL CHECK AND FILL
104-998 D NO ENGINE OIL DRAIN/SAMPLE
133-004 S ONE PIECE VALVE COVER
014-099 D SIDE OF HOOD AIR INTAKE WITH FIREWALL MO
D UNTED DONALDSON AIR CLEANER
190-001 D DONALDSON 1-STAGE AIR CLEANER
124-1D7 D DR 12V 160 AMP 28-SI QUADRAMOUNT PAD ALT
D ERNATOR WITH REMOTE BATTERY VOLT SENSE
292-235 D (2) DTNA GENUINE, FLOODED STARTING, MIN
D 2000CCA, 370RC, THREADED STUD BATTERIES
290-017 D BATTERY BOX FRAME MOUNTED
281-001 D STANDARD BATTERY JUMPERS
282-001 D SINGLE BATTERY BOX FRAME MOUNTED LH SIDE
D UNDER CAB
291-017 D WIRE GROUND RETURN FOR BATTERY CABLES WI
D TH ADDITIONAL FRAME GROUND RETURN
289-001 D NON-POLISHED BATTERY BOX COVER
33M-998 D NO AUXILIARY POWER DISTRIBUTION MANAGEME
D NT
196
Databook OriginTCO # Description Value
293-077 D SMART BATTERY SHUT-OFF SWITCH
295-029 D POSITIVE AND NEGATIVE POSTS FOR JUMPSTAR F 2
D T LOCATED ON FRAME NEXT TO STARTER
306-015 D PROGRESSIVE LOW VOLTAGE DISCONNECT AT 12 F 2
D .3 VOLTS FOR DESIGNATED CIRCUITS
180-998 D NO CLUTCH
183-998 D NO CLUTCH BRAKE
181-998 D NO CLUTCH RELEASE BEARING LUBE
182-998 D NO CLUTCH RELEASE
107-047 D WABCO 20.0 CFM SINGLE CYLINDER AIR COMPR
D ESSOR
108-002 D STANDARD MECHANICAL AIR COMPRESSOR GOVER
D NOR
131-013 D AIR COMPRESSOR DISCHARGE LINE
152-041 D ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROT
D ECTION SYSTEM
128-1A7 D DETROIT MD COMPRESSION BRAKE WITH ON/OFF
D SWITCH
016-1C2 D RH OUTBOARD UNDER STEP MOUNTED HORIZONTA F 30 R 25
D L AFTERTREATMENT SYSTEM ASSEMBLY WITH RH
D B-PILLAR MOUNTED VERTICAL TAILPIPE
239-038 D 11 FOOT 06 INCH (138 INCH+0/-5.9 INCH) E
D XHAUST SYSTEM HEIGHT
233-998 D NO EXHAUST BRIGHTWORK (PLAIN)
237-1CR D RH CURVED VERTICAL TAILPIPE B-PILLAR MOU
D NTED ROUTED FROM STEP
23U-001 D 6 GALLON DIESEL EXHAUST FLUID TANK
43W-001 S STANDARD DIESEL EXHAUST FLUID SYSTEM COO
S LANT PLUMBING
30N-003 D 100 PERCENT DIESEL EXHAUST FLUID FILL
23Z-998 D NO DIESEL EXHAUST FLUID TANK COVER
43X-002 D LH MEDIUM DUTY STANDARD DIESEL EXHAUST F
D LUID TANK LOCATION
23Y-002 D DIESEL EXHAUST FLUID PUMP MOUNTED AFT OF
D DIESEL EXHAUST FLUID TANK
43Y-001 D STANDARD DIESEL EXHAUST FLUID TANK CAP
242-011 D ALUMINUM AFTERTREATMENT DEVICE/MUFFLER/T
D AILPIPE SHIELD(S)
240-998 D NO OPTIONAL EXHAUST UPGRADE
273-058 D AIR POWERED ON/OFF ENGINE FAN CLUTCH
276-001 D AUTOMATIC FAN CONTROL WITHOUT DASH SWITC
D H, NON ENGINE MOUNTED
110-077 D DETROIT ENGINE MOUNTED FUEL/WATER SEPARA
D TOR WITH WATER-IN-FUEL SENSOR AND ESOC
118-001 D FULL FLOW OIL FILTER
120-998 D NO COOLANT FILTER
266-078 D 950 SQUARE INCH ALUMINUM RADIATOR F 50
103-039 D ANTIFREEZE TO -34F, OAT (NITRITE AND SIL
D ICATE FREE) EXTENDED LIFE COOLANT
171-007 D GATES BLUE STRIPE COOLANT HOSES OR EQUIV
D ALENT
172-001 D CONSTANT TENSION HOSE CLAMPS FOR COOLANT
D HOSES
270-016 D RADIATOR DRAIN VALVE
168-002 D LOWER RADIATOR GUARD
360-998 D NO FRONT ENGINE PTO
361-998 D NO REAR ENGINE PTO
138-998 D NO BLOCK HEATER
141-998 D NO COOLANT HEATER - GAS/DSL
166-998 D NO OIL PREHEATER
197
Databook OriginTCO # Description Value
140-998 D NO ENGINE HEATER RECEPTACLE
134-001 D ALUMINUM FLYWHEEL HOUSING
132-998 D NO AIR INTAKE WARMER
155-080 D DELCO 12V 31MT STARTER WITH INTEGRATED M
D AGNETIC SWITCH
106-002 D ELECTRONIC ACCELERATOR CONTROL
TRANSMISSION & EQUIPMENT
342-584 D ALLISON 3500 RDS AUTOMATIC TRANSMISSION F 200 R 60
D WITH PTO PROVISION
352-998 D NO AUXILIARY TRANSMISSION
343-339 D ALLISON VOCATIONAL PACKAGE 223 - AVAILAB
D LE ON 3000/4000 PRODUCT FAMILIES WITH VO
D CATIONAL MODELS RDS, HS, MH AND TRV
84B-012 D ALLISON VOCATIONAL RATING FOR ON/OFF HIG
D HWAY APPLICATIONS AVAILABLE WITH ALL PRO
D DUCT FAMILIES
84N-200 D FUEL SENSE 2.0 DISABLED - PERFORMANCE -
D TABLE BASED
84C-023 D PRIMARY MODE GEARS, LOWEST GEAR 1, START
D GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3
D 000/4000 PRODUCT FAMILIES ONLY
84D-023 D SECONDARY MODE GEARS, LOWEST GEAR 1, STA
D RT GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR
D 3000/4000 PRODUCT FAMILIES ONLY
341-018 D MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSI
D ON DRAIN, AXLE(S) FILL AND DRAIN
345-003 D PUSH BUTTON ELECTRONIC SHIFT CONTROL, DA
D SH MOUNTED
97G-004 D TRANSMISSION PROGNOSTICS - ENABLED 2013
348-998 D NO TRANSMISSION ACCESSORIES
85V-998 D NO AMT LOW MODE
85W-998 D NO AMT MANUAL MODE
85X-998 D NO AMT DRIVE MODE
85Y-998 D NO AMT REVERSE MODE
86Q-998 D NO TCU - AMT SHIFT CALIBRATION
347-998 D NO CLUTCH HOUSING MATERIAL
370-015 D WATER TO OIL TRANSMISSION COOLER, IN RAD
D IATOR END TANK
346-013 D TRANSMISSION OIL CHECK AND FILL WITH CRO
D SSOVER TO CLEAR LH PTO AND DIRECT MOUNT
D PUMP
368-998 D NO EXTERNAL TRANSMISSION OIL FILTER F -2
84T-000 S DISABLE - NEUTRAL RANGE ASSIST
84U-000 D DRIVER SWITCH INPUT - DEFAULT - NO SWITC
D HES
84V-998 D TCU-DIRECTION CHNG,NOT CONFIGURED
84W-001 S AUXILIARY FUNCTION RANGE INHIBIT WITH MU
S LTIPLEXED SERVICE BRAKES - ALLISON 5TH G
S EN TRANSMISSIONS
85D-001 S SINGLE INPUT AUTOMATIC NEUTRAL WITH SELE
S CTOR OVERRIDE WITH MULTIPLEXED PARK BRAK
S E - ALLISON 5TH GEN TRANSMISSIONS
353-074 D QUICKFIT BODY LIGHTING CONNECTOR UNDER C
D AB, WITH BLUNTCUTS
34C-011 D ELECTRONIC TRANSMISSION WIRING TO POWERT
D RAIN INTERFACE CONNECTOR
362-823 D CUSTOMER INSTALLED CHELSEA 280 SERIES PT
D O
363-001 D PTO MOUNTING, LH SIDE OF MAIN TRANSMISSI
D ON ALLISON
198
Databook OriginTCO # Description Value
375-998 D NO AUXILIARY OIL COOLER
377-998 D NO POWER DIVIDER
373-998 D NO TRANSFER CASE
376-998 D NO SHIFT CONTROL, TRANSFER CASE
371-998 D NO AUX TRANS/TRANSFER CASE MTD POWER
D TAKEOFF
35T-001 D SYNTHETIC TRANSMISSION FLUID (TES-295 CO
D MPLIANT)
385-998 D NO MAIN DRIVELINE HARDWARE
FRONT AXLE, SUSPENSION & EQUIPMENT
400-1BA D DETROIT DA-F-18.0-5 18,000# FL1 71.0 KPI F 210 D /3.74 DROP SINGLE FRONT AXLE
398-998 D NO FRONT AXLE RATIO
389-998 D NO FRONT AXLE DRIVESHAFT
402-030 D MERITOR 16.5X6 Q+ CAST SPIDER CAM FRONT F 10
D BRAKES, DOUBLE ANCHOR, FABRICATED SHOES
403-002 D NON-ASBESTOS FRONT BRAKE LINING
419-001 D CAST IRON OUTBOARD FRONT BRAKE DRUMS
427-998 D NO FRONT BRAKE DUST SHIELDS
409-006 D FRONT OIL SEALS
408-001 D VENTED FRONT HUB CAPS WITH WINDOW, CENTE
D R AND SIDE PLUGS - OIL
416-022 D STANDARD SPINDLE NUTS FOR ALL AXLES
404-1B2 S WABCO LONGSTROKE FRONT BRAKE CHAMBERS
405-002 D MERITOR AUTOMATIC FRONT SLACK ADJUSTERS
536-012 D TRW TAS-85 POWER STEERING F 40
537-005 S STEEL STEERING SHAFT
539-003 D POWER STEERING PUMP
534-015 D 2 QUART SEE THROUGH POWER STEERING RESER
D VOIR
533-998 D NO POWER STEERING OIL COOLER
40T-001 D MINERAL SAE 80/90 FRONT AXLE LUBE
620-025 D 20,000# TAPERLEAF FRONT SUSPENSION F 200
619-005 D MAINTENANCE FREE RUBBER BUSHINGS - FRONT
D SUSPENSION
62G-998 D NO FRONT SUSPENSION OPTIONS
62H-010 D FRONT SUSPENSION WITH LEFT HAND OFFSET S F 4
D HACKLE BRACKET
629-998 D NO FRONT SWAYBAR
410-001 D FRONT SHOCK ABSORBERS
REAR AXLE, SUSPENSION & EQUIPMENT
420-1K3 D MERITOR MT-40-14X 40,000# R-SERIES TANDE R 2500
D M REAR AXLE
421-586 D 5.86 REAR AXLE RATIO
424-003 D IRON REAR AXLE CARRIER WITH OPTIONAL HEA R 30
D VY DUTY AXLE HOUSING
382-998 D NO (#1) DRIVELINE
386-073 D MXL 17T MERITOR EXTENDED LUBE MAIN DRIVE
D LINE WITH HALF ROUND YOKES
388-073 D MXL 17T MERITOR EXTENDED LUBE INTERAXLE
D DRIVELINE WITH HALF ROUND YOKES
393-998 D NO DRIVELINE GUARD
452-006 D DRIVER CONTROLLED TRACTION DIFFERENTIAL R 30
D - BOTH TANDEM REAR AXLES
878-023 D (1) INTERAXLE LOCK VALVE, (1) DRIVER CON
D TROLLED DIFFERENTIAL LOCK FORWARD-REAR A
D ND REAR-REAR AXLE VALVE
87A-005 D INDICATOR LIGHT FOR EACH INTERAXLE LOCKO
D UT SWITCH
87B-008 D INDICATOR LIGHT FOR EACH DIFFERENTIAL LO
199
Databook OriginTCO # Description Value
D CKOUT SWITCH
423-020 D MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR B
D RAKES, DOUBLE ANCHOR, FABRICATED SHOES
433-002 D NON-ASBESTOS REAR BRAKE LINING
434-019 D ASPHALT SPREADER CLEARANCE REAR BRAKE GE
D OMETRY
451-001 D CAST IRON OUTBOARD REAR BRAKE DRUMS R -20
425-998 D NO REAR BRAKE DUST SHIELDS
440-006 D REAR OIL SEALS
435-998 D NO DRIVELINE PARKING BRAKE
426-101 D WABCO TRISTOP D LONGSTROKE 2-DRIVE AXLE R 20
D SPRING PARKING CHAMBERS
428-003 D HALDEX AUTOMATIC REAR SLACK ADJUSTERS
876-998 D NO AIR PP/ELECT AXLE SHIFT,CAB
87C-998 D NO DRIVE/SHIFT AXLE WIRING/LOGIC
898-998 D NO AIR PP/ELECT-AXLE SHIFT,CHAS
41T-002 D CURRENT AVAILABLE SYNTHETIC 75W-90 REAR
D AXLE LUBE
622-297 D TUFTRAC GEN2 40,000# REAR SPRING SUSPENS R 855 D ION
034-998 D NO REAR SUSPENSION PACKAGE
621-108 D 9.5 INCH NOMINAL RIDE HEIGHT (460MM GLOB
D AL REFERENCE HEIGHT)
431-003 D AXLE CLAMPING GROUP
624-025 D 55 INCH AXLE SPACING
628-998 D NO SUSPENSION BEAMS
888-998 D NO DUMP VALVE/SWITCH FOR AIR SUSPENSION
87D-998 D NO REAR AIR SUSPENSION VALVE WIRING/
D LOGIC
910-998 D NO REAR CHASSIS SUSPENSION AIR PIPING
623-006 D FORE/AFT AND TRANSVERSE CONTROL RODS
630-998 D NO REAR SUSPENSION STABILIZER
625-998 D NO REAR SUSPENSION OPTIONS
439-002 D REAR SHOCK ABSORBERS - TWO AXLES (TANDEM R 80 D )
035-998 D NO DEAD AXLE PACKAGE
443-998 D NO PUSHER OR TAG AXLE
456-998 D NO PUSHER/TAG BRAKES
457-998 D NO BRAKE LINING-PUSHER/TAG(SCO)
448-998 D NO REAR BRAKE DRUMS/ROTORS FOR PUSHER/TA
D G
429-998 D NO PUSHER/TAG BRAKE DUST SHIELDS
442-998 D NO PUSHER OR TAG OIL SEALS
444-998 D NO PUSHER OR TAG HUB CAPS
445-998 D NO PUSHER OR TAG BRAKE CHAMBERS
458-998 D NO PUSHER/TAG SLACK ADJUSTERS
626-998 D NO PUSHER OR TAG SUSPENSION
874-998 D NO PUSHER/TAG AXLE LIFT
896-998 D NO PLUMBING FOR LIFT AXLE
87F-998 D NO LIFT AXLE WIRING/LOGIC
BRAKE SYSTEM
018-002 D AIR BRAKE PACKAGE
490-1AU D WABCO 4S/4M ABS WITH TRACTION CONTROL WI
D TH ATC SHUT OFF SWITCH
871-001 D REINFORCED NYLON, FABRIC BRAID AND WIRE
D BRAID CHASSIS AIR LINES
46E-001 S STANDARD AIR MANAGEMENT UNIT
904-001 D FIBER BRAID PARKING BRAKE HOSE
412-001 D STANDARD BRAKE SYSTEM VALVES
46D-002 D STANDARD AIR SYSTEM PRESSURE PROTECTION
200
Databook OriginTCO # Description Value
D SYSTEM
413-002 D STD U.S. FRONT BRAKE VALVE
432-003 D RELAY VALVE WITH 5-8 PSI CRACK PRESSURE,
D NO REAR PROPORTIONING VALVE
480-088 D WABCO SYSTEM SAVER HP WITH INTEGRAL AIR
D GOVERNOR AND HEATER
483-998 D NO AIR SYSTEM OIL FILTER
479-012 D AIR DRYER MOUNTED UNDER HOOD
460-040 H STEEL AIR BRAKE RESERVOIRS MOUNTED PERPE F 10 R 10
H NDICULAR TO OUTSIDE RAIL
MOUT RH DIRECTLY AFT OF ATS. 35
QUOTE ASSIGNED QUOTE WFFD 2310091631
46A-998 D NO AUXILIARY AIR TANK
2TD-998 D NO TRANSMISSION AIR TANK
607-016 D CLEAR FRAME RAIL FROM BACK OF CAB TO FRO
D NT REAR SUSPENSION BRACKET LH RAIL INSID
D E/OUTBOARD AND BELOW
477-004 D PULL CABLES ON ALL AIR RESERVOIR(S)
485-998 D NO EXTERNAL CHARGING GLADHAND
481-998 D NO TRAILER AIR HOSE
476-998 D NO AIR HOSE HANGER
914-025 D AIR CONNECTIONS TO END OF FRAME WITH GLA
D D HANDS FOR TRUCK AND DUST COVERS
919-068 D (6) QUICKFIT PROGRAMMABLE SOLENOIDS W/ST
D ATE RETENTION PLUMBED TO BACK OF CAB
87G-998 D NO WIRING/SWITCH-CHASS,OPT,AIR PP
87T-998 D NO WRG/SW-OPTL #2,CHAS,AIR
484-998 D NO TRAILER CABLE AND GLAD HANDS STORAGE
296-026 D PRIMARY CONNECTOR/RECEPTACLE WIRED FOR S
D EPARATE STOP/TURN, CENTER PIN POWERED TH
D ROUGH IGNITION WITH STOP SIGNAL PREWIRE
D PACKAGE
335-998 D NO CHASSIS POWER DISTRIBUTION MODULE
32A-007 D SIGNAL DETECTION AND ACTUATION MODULE
87P-998 D NO CAB AUXILIARY POWER WIRING
308-998 D NO SUPPLEMENTAL TRAILER CABLE WIRING
297-998 D NO TRAILER CABLE RECEPTACLE
1AZ-998 D NO TRAILER RECEPTACLE BRACKET
331-998 D NO SUPPLEMENTAL J560 7-WAY TRAILER ABS R
D ECEPTACLE
303-025 D SAE J560 7-WAY PRIMARY TRAILER CABLE REC
D EPTACLE MOUNTED END OF FRAME
30K-998 D NO HIGH CURRENT RECEPTACLE/WIRING
30L-998 D NO HIGH CURRENT TRAILER/BODY CABLE
334-998 D NO ADDITIONAL SUPPLEMENTAL 7-WAY
D TRAILER CABLE RECEPTACLE
310-998 D NO TRAILER ELECTRICAL CABLE
309-998 D NO SUPPLEMENTAL TRAILER ELEC CABLE
FRAME & WHEELBASE
545-505 D 5050MM (199 INCH) WHEELBASE
546-101 D 11/32X3-1/2X10-15/16 INCH STEEL FRAME (8 F 120 R 120 D .73MMX277.8MM/0.344X10.94 INCH) 120KSI
547-998 D NO INNER FRAME REINFORCEMENT
548-998 D NO OUTER FRAME REINFORCEMENT
549-998 D NO FRONT FRAME EXTENSION
552-047 D 2075MM (82 INCH) REAR FRAME OVERHANG F -30 R 130 AB8-99D S CALC'D FRAME SLOPE @ FRT/RR SUSP RATINGS 0.615 % 553-001 D SQUARE END OF FRAME
554-998 D NO BUMPER/UNDERRIDE GUARD
550-001 D FRONT CLOSING CROSSMEMBER
201
Databook OriginTCO # Description Value
559-003 D LIGHTWEIGHT HEAVY DUTY ALUMINUM ENGINE C F -12
D ROSSMEMBER
561-001 D STANDARD CROSSMEMBER BACK OF
D TRANSMISSION
562-343 D STANDARD MIDSHIP #1 CROSSMEMBER MOUNTED
D 1085MM (43 INCH) FROM BACK OF CAB
560-008 D UNDER OR OVERSLUNG CROSSMEMBER
565-002 D HEAVY DUTY SUSPENSION CROSSMEMBER
572-001 D STANDARD REARMOST CROSSMEMBER
AL5-99D S CALC'D BUMPER TO REAR TOWING C/M FACE 321.26 IN 587-998 D NO REAR TOWING DEVICE
CHASSIS EQUIPMENT
674-998 D NO LH OR RH BACK OF CAB ACCESS
592-998 D NO DECK PLATE
556-1AR D THREE-PIECE 14 INCH CHROMED STEEL BUMPER F 30
D WITH COLLAPSIBLE ENDS
558-998 D NO FRONT TOW HOOKS
574-001 D BUMPER MOUNTING FOR SINGLE LICENSE PLATE
642-998 D NO BUMPER/FENDER MOUNTED SIGHT RODS
585-998 D NO MUDFLAP BRACKETS
590-998 D NO REAR MUDFLAPS
586-024 D FENDER AND FRONT OF HOOD MOUNTED FRONT M
D UDFLAPS
576-998 D NO TIRE CHAINS/HANGER
551-007 D GRADE 8 THREADED HEX HEADED FRAME FASTEN
D ERS
44Z-005 D EXTERIOR HARNESSES WRAPPED IN ABRASION T
D APE, SECONDARY COVERING, & CONNECTOR PRO
D TECTION
583-998 D NO REAR QUARTER FENDERS
600-998 D NO CAB GUARD
604-998 D NO TIRE CARRIER
489-998 D NO TIRE PRESSURE CONTROL/SENSOR
794-998 D NO JACK OR WHEEL WRENCH PROVISION
795-998 D NO TOOLS
605-998 D CHASSIS,MISC CUSTOM REQUIREMENTS-NONE
606-1AX D DRLG PREP FOR VALEW PER DRAWING F_15DMPD 4KWTR_M2106, REVISION -, 12/21/2022 601-998 D NO BODY BUILDER DIAGRAMS
970-040 D TANK BODY 3001 TO 4500 GALLONS
FIFTH WHEEL & EQUIPMENT
578-998 D NO FIFTH WHEEL
577-998 D NO FIFTH WHEEL LOCATION
580-998 D NO ADDITIONAL FIFTH WHEEL DRILLINGS
582-998 D NO FIFTH WHEEL LEG HEIGHT
570-998 D NO FIFTH WHEEL MOUNTING
890-998 D NO FIFTH WHEEL PLUMBING
579-998 D NO FIFTH WHEEL RELEASE/INST.
591-998 D NO FIFTH WHEEL ADD-ONS
FUEL TANK(S) & EQUIPMENT
206-998 D NO RH FUEL TANK
201-998 D NO RH AUXILIARY FUEL TANK
204-215 D 50 GALLON/189 LITER SHORT RECTANGULAR AL F 20
D UMINUM FUEL TANK - LH
200-998 D NO LH AUXILIARY FUEL TANK
230-998 D NO BETWEEN RAIL FUEL TANK
203-998 D NO HYDRAULIC OIL TANK
218-005 D RECTANGULAR FUEL TANK(S)
215-005 D PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAU
D LIC TANK(S) WITH PAINTED BANDS
202
Databook OriginTCO # Description Value
212-007 D FUEL TANK(S) FORWARD
11F-998 D NO NATURAL GAS VEHICLE FUEL TANK VENT LI
D NE/STACK
231-998 D NO FUEL TANK MTG BETWEEN RAILS
232-525 D 25 GALLONS ADDITIONAL FUEL
664-001 D PLAIN STEP FINISH
207-998 D NO FUEL TANK SCREENS
205-001 D FUEL TANK CAP(S)
220-998 D NO FUEL HEATER
122-1H1 D DETROIT FUEL/WATER SEPARATOR WITH BYPASS F -5 216-020 D EQUIFLO INBOARD FUEL SYSTEM
20E-998 D NO AUXILIARY FUEL SUPPLY AND RETURN PORT
D S
202-016 D HIGH TEMPERATURE REINFORCED NYLON FUEL L
D INE
213-998 D NO FUEL LINE INSULATION
221-998 D NO FUEL COOLER
TIRES
093-1VM D MICHELIN X LINE ENERGY Z 315/80R22.5 20 F 50
D PLY RADIAL FRONT TIRES
094-1RW D BRIDGESTONE M726ELA 11R22.5 14 PLY RADIA R 152
D L REAR TIRES
095-998 D NO PUSHER/TAG TIRES
510-998 D NO SPARE TIRE
508-998 D NO ADDITIONAL SPARE TIRE
527-002 S TIRE QTY - FRONT AXLE: 2
528-008 S TIRE QTY - REAR AXLE: 8
HUBS
418-060 D CONMET PRESET PLUS PREMIUM IRON FRONT HU
D BS
450-060 D CONMET PRESET PLUS PREMIUM IRON REAR HUB
D S
449-998 D NO PUSHER OR TAG HUBS
WHEELS
502-579 D MAXION WHEELS 10041 22.5X9.00 10-HUB PIL F 66 D OT 5.25 INSET 5-HAND STEEL DISC FRONT WH
D EELS
505-753 D MAXION WHEELS 91262 22.5X8.25 10-HUB PIL R 40 D OT 5-HAND STEEL DISC REAR WHEELS
509-998 D NO PUSHER/TAG DISC WHEELS
511-998 D NO SPARE WHEEL
51A-998 D NO ADDITIONAL SPARE WHEEL
50T-998 D NO FRONT AXLE WHEEL/HUB COVER
50U-998 D NO REAR AXLE WHEEL/HUB COVER
524-998 D NO POLISHED, BRIGHT STANDARD POLISH, CLE
D AN BUFF OR BRUSHED FINISH FRONT WHEELS
525-998 D NO POLISHED, BRIGHT STANDARD POLISH, CLE
D AN BUFF OR BRUSHED FINISH REAR WHEELS
526-998 D NO POLISHED, BRIGHT STANDARD POLISH, CLE
D AN BUFF OR BRUSHED FINISH PUSHER/TAG WHE
D ELS
52L-998 D NO POLISHED, BRIGHT STANDARD POLISH, CLE
D AN BUFF OR BRUSHED FINISH SPARE WHEEL
50W-998 D NO RIM/WHEEL TIRE PRESSURE SENSOR
496-011 D FRONT WHEEL MOUNTING NUTS
497-011 D REAR WHEEL MOUNTING NUTS
495-998 D NO PUSHER/TAG WHEEL MOUNTING NUTS
498-998 D NO TIRE VALVE STEM/CAP/EXTENSIONS
CAB EXTERIOR
829-071 D 106 INCH BBC FLAT ROOF ALUMINUM CONVENTI
203
Databook OriginTCO # Description Value
D ONAL CAB
682-998 D NO SLEEPER BOX/SLEEPERCAB
784-998 D NO AIR SHIELD OR BRACKETS
783-998 D NO SIDE EXTENDERS
782-998 D NO FRAME SIDE FAIRINGS
650-008 D AIR CAB MOUNTING
705-998 D NO MISCELLANEOUS CUSTOM CAB REQUIREMENTS
648-998 D NO RADIATOR GRILLE SCREEN
754-998 D NO FENDER EXTENSION
678-001 D LH AND RH GRAB HANDLES
646-023 D HOOD MOUNTED CHROMED PLASTIC GRILLE
65X-003 D CHROME HOOD MOUNTED AIR INTAKE GRILLE
644-004 D FIBERGLASS HOOD
690-002 D TUNNEL/FIREWALL LINER
727-1AH D SINGLE 14 INCH ROUND POLISHED AIR HORN R F 4
D OOF MOUNTED
726-001 D SINGLE ELECTRIC HORN
728-001 D SINGLE HORN SHIELD
657-1BN D ALL UNIT(S) KEYED ALIKE WITH CUSTOMER SP
D ECIFIED KEY NUMBER FT1034
78G-004 D KEY QUANTITY OF 4
575-001 D REAR LICENSE PLATE MOUNT END OF FRAME
327-998 D NO OTHER LIGHTS
312-038 D INTEGRAL HEADLIGHT/MARKER ASSEMBLY WITH
D CHROME BEZEL
302-047 D LED AERODYNAMIC MARKER LIGHTS
314-998 D NO ROADLIGHTS
315-998 D NO FOG LIGHTS
311-998 D NO DAYTIME RUNNING LIGHTS
316-998 D NO SPOTLIGHTS
294-017 D INTEGRAL STOP/TAIL/BACKUP LIGHTS WITH 7
D EXTRA FEET OF WIRE MOUNTED AT END OF FRA
D ME
300-015 D STANDARD FRONT TURN SIGNAL LAMPS
469-998 D NO WORK LIGHT
318-998 D NO UTILITY/ADVERTISING LIGHT
744-1BK D DUAL WEST COAST MOLDED-IN COLOR HEATED M
D IRRORS WITH LH AND RH REMOTE
797-001 D DOOR MOUNTED MIRRORS
796-001 D 102 INCH EQUIPMENT WIDTH
743-1AP D LH AND RH 8 INCH MOLDED-IN COLOR CONVEX
D MIRRORS MOUNTED UNDER PRIMARY MIRRORS
74A-998 D NO AUXILIARY MIRROR
74B-998 D NO AUXILIARY MIRROR
713-998 D NO PERMIT PLAQUE
729-001 D STANDARD SIDE/REAR REFLECTORS
73A-998 D NO REFLECTIVE DEVICES
787-998 D NO SECURITY DEVICE
677-998 D NO CAB MOUNTED STEPS
275-998 D NO EMERGENCY WARNING SIRENS
764-998 D NO EXTERIOR SUN VISOR
768-043 D 63X14 INCH TINTED REAR WINDOW
661-003 D TINTED DOOR GLASS LH AND RH WITH TINTED
D NON-OPERATING WING WINDOWS
654-011 D RH AND LH ELECTRIC POWERED WINDOWS F 4
767-998 D NO SIDE WINDOW
769-998 D NO LOWER DOOR WINDOW
663-013 D 1-PIECE SOLAR GREEN GLASS WINDSHIELD
659-019 D 2 GALLON WINDSHIELD WASHER RESERVOIR WIT
D HOUT FLUID LEVEL INDICATOR, FRAME MOUNTE
204
Databook OriginTCO # Description Value
D D
647-998 D NO WINTERFRONT
CAB INTERIOR
707-105 D MIST AND CARBON CLOTH INTERIOR "PROFESSI
D ONAL"
70K-016 D CARBON WITH BASE BLACK ACCENT
706-013 D MOLDED PLASTIC DOOR PANEL
708-013 D MOLDED PLASTIC DOOR PANEL
772-006 D BLACK MATS WITH SINGLE INSULATION
785-026 D (1)DASH MOUNTED 12V POWER OUTLET, (1)DAS
D H MOUNTED DUAL USB-C OUTLET
4E1-014 D 005 12 SWITCH SLOTS, DRIVER OVERHEAD CONSOLE
691-001 D FORWARD ROOF MOUNTED CONSOLE
694-998 D NO INTERIOR GLOVE BOX/CAB FLOOR STORAGE
696-998 D NO REAR FLOOR STORAGE
693-019 D LH AND RH DOOR STORAGE POCKETS INTEGRATE
D D INTO MOLDED DOOR PANELS
826-998 D NO LOWER BUNK
666-998 D NO BUNK RESTRAINT
738-021 D DIGITAL ALARM CLOCK IN DRIVER DISPLAY
742-007 D (2) CUP HOLDERS LH AND RH DASH
680-029 D M2/SD DASH
860-998 D NO WIRING
716-998 D NO WINDSHIELD FAN
720-043 D 5 LB. FIRE EXTINGUISHER WITH INSPECTION F 10
D TAG, MANUAL AND BRACKET SHIPPED LOOSE IN
D BODY IN UNOPENED BOX
71T-998 D NO SMOKE/GAS DETECTOR
714-998 D NO FIRST AID KIT
700-002 D HEATER, DEFROSTER AND AIR CONDITIONER
701-013 D STANDARD HVAC DUCTING WITH PRE-FILTER FO
D R OUTSIDE AIR INTAKE
703-005 D MAIN HVAC CONTROLS WITH RECIRCULATION SW
D ITCH
689-998 D NO AUXILIARY HVAC UNIT
170-015 D STANDARD HEATER PLUMBING
130-041 D VALEO HEAVY DUTY A/C REFRIGERANT COMPRES
D SOR
702-002 D BINARY CONTROL, R-134A
739-033 D STANDARD INSULATION
285-013 D SOLID-STATE CIRCUIT PROTECTION AND FUSES
96R-002 S STANDARD ELECTRICAL PROTECTIVE COATING,
S GREASE ON BATTERY TERMINALS AND RED ENAM
S EL PAINT IN ENGINE COMPARTMENT AND ON CH
S ASSIS CONNECTIONS
280-007 D 12V NEGATIVE GROUND ELECTRICAL SYSTEM
324-1B2 D PREMIUM LED CAB LIGHTING
655-005 D LH AND RH ELECTRIC DOOR LOCKS
740-998 D NO MATTRESS
284-998 D NO POWER SUPPLY SLEEPER/CAB
67E-998 D NO ENTRY/ACCESS/STEP WIRING
710-998 D NO CAB PRIVACY CURTAIN
722-002 D TRIANGULAR REFLECTORS WITHOUT FLARES F 10
756-338 D BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENS F 30
D ION DRIVERS SEAT WTIH MECHANICAL LUMBAR
D AND INTEGRATED CUSHION EXTENSION
760-335 D BASIC ISRI HIGH BACK NON SUSPENSION PASS
D ENGER SEAT
762-998 D NO REAR PASSENGER SEAT
757-998 D NO SEAT SKIRT(S)
205
Databook OriginTCO # Description Value
759-998 D NO SEAT ARMREST
711-004 D LH AND RH INTEGRAL DOOR PANEL ARMRESTS
758-022 D BLACK MORDURA CLOTH DRIVER SEAT COVER
761-023 D BLACK MORDURA CLOTH PASSENGER SEAT COVER
755-998 D NO REAR PASSENGER SEAT COVERS
763-101 D BLACK SEAT BELTS
725-998 D NO SUPPLEMENTAL RESTRAINT SYSTEM
6TS-005 D TMC RP1226 ACCESSORY CONNECTOR LOCATED B
D EHIND PASSENGER SIDE REMOVEABLE DASH PAN
D EL
532-002 D ADJUSTABLE TILT AND TELESCOPING STEERING
D COLUMN
540-044 D 4-SPOKE 18 INCH (450MM) BLACK STEERING W
D HEEL WITH SWITCHES
765-002 D DRIVER AND PASSENGER INTERIOR SUN VISORS
CONTROLS & INSTRUMENTS
870-001 D BLACK GAUGE BEZELS
732-998 D NO INSTRUMENT PANEL-DRIVER
734-023 D CONFIGURABLE LOWER PANEL WITH INTEGRATED
D UPPER STORAGE
68J-998 D NO SWITCH BLANK - INSTRUMENT PANEL
486-001 D LOW AIR PRESSURE INDICATOR LIGHT AND AUD
D IBLE ALARM
838-998 D NO AIR APPLICATION GAUGE
840-001 D DUAL NEEDLE PRIMARY AND SECONDARY AIR PR
D ESSURE GAUGE
198-025 D INTAKE MOUNTED AIR RESTRICTION INDICATOR
D WITHOUT GRADUATIONS
721-001 D 97 DB BACKUP ALARM R 3
149-015 D ELECTRONIC CRUISE CONTROL WITH CONTROLS
D ON STEERING WHEEL SPOKES
156-007 D KEY OPERATED IGNITION SWITCH AND INTEGRA
D L START POSITION; 4 POSITION OFF/RUN/STA
D RT/ACCESSORY
157-998 D NO REMOTE START
811-044 D PREMIUM INSTRUMENT CLUSTER WITH 5.0 INCH
D TFT COLOR DISPLAY
160-038 D HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE
D CONNECTOR LOCATED BELOW LH DASH
844-001 D 2 INCH ELECTRIC FUEL GAUGE
845-998 D NO FUEL FLOW GAUGE
148-072 D ENGINE REMOTE INTERFACE WITH ONE OR MORE
D SET SPEEDS
163-014 D ENGINE REMOTE INTERFACE CONNECTOR AT POW
D ERTRAIN INTERFACE CONNECTOR
87L-998 H NO REMOTE ENGINE CONTROL-ENABLE
3ZS-998 D NO DRIVER FACING CAMERA
33U-998 D NO CUSTOMER DEFINED WIRING FUNCTION
866-998 D NO AXLE TEMPERATURE GAUGE
856-001 D ELECTRICAL ENGINE COOLANT TEMPERATURE GA
D UGE
854-008 D DIGITAL ENGINE OIL TEMPERATURE IN DRIVER
D DISPLAY
864-022 D DIGITAL TRANSMISSION OIL TEMPERATURE IN
D DRIVER DISPLAY
867-004 D ELECTRONIC OUTSIDE TEMPERATURE SENSOR DI
D SPLAY IN DRIVER MESSAGE CENTER
830-017 D ENGINE AND TRIP HOUR METERS INTEGRAL WIT
D HIN DRIVER DISPLAY
438-998 D NO HUBODOMETER
206
Databook OriginTCO # Description Value
33A-998 D NO WARNING LIGHT PROVISIONS
372-123 D PTO CONTROLS FOR ENHANCED VEHICLE ELECTR
D IC/ELECTRONIC ARCHITECTURE
736-998 D NO OBSTACLE DETECTION SYSTEM F -20
73K-998 D NO SIDE OBJECT DETECTION SYSTEM
73H-998 D NO CAMERA/VIDEO/IMAGING SYSTEM
49B-004 D ELECTRONIC STABILITY CONTROL
73B-998 D NO LANE DEPARTURE WARNING SYSTEM
73U-998 D NO ROAD SIGN IMAGING/RESPONSE SYSTEM
72J-998 D NO DR ASSIST SYSTEM
852-002 D ELECTRIC ENGINE OIL PRESSURE GAUGE
679-998 D NO OVERHEAD INSTRUMENT PANEL
35M-010 D 1 QUICKFIT PROGRAMABLE MODULE (QPM/XMC) F 10
786-113 D GENERIC TELEMATICS PREWIRE (CONSTANT BAT
D TERY POWER/IGNITION/GROUND/J1939); RP122
D 6 TYPE CONNECTOR AT PASSENGER SIDE OF DA
D SH
78A-998 D NO POSITION/COMMUNICATION ACCESSORY
1U1-998 D NO NAVIGATION SYSTEM
746-136 D AM/FM/WB WORLD TUNER RADIO WITH AUXILIAR
D Y INPUT, J1939
747-001 D DASH MOUNTED RADIO
74D-006 D STANDARD RADIO WIRING WITH STEERING WHEE
D L CONTROLS
750-002 D (2) RADIO SPEAKERS IN CAB
753-040 D 24 INCH AM/FM ANTENNA MOUNTED ON LH SIDE
D MIRROR, RG-62
748-998 D NO CB RADIO/PROVISION
749-998 D NO CB RADIO MOUNTING PROVISION
75W-998 D NO MULTIBAND ANTENNA
752-998 D NO CB ANTENNA, BRACKET OR LEAD
78C-998 D NO DIGITAL SATELLITE AUDIO RECEIVER ANTE
D NNA
810-027 D ELECTRONIC MPH SPEEDOMETER WITH SECONDAR
D Y KPH SCALE, WITHOUT ODOMETER
817-001 D STANDARD VEHICLE SPEED SENSOR
812-001 D ELECTRONIC 3000 RPM TACHOMETER
48C-001 D QUICKFIT PROGRAMMABLE INTERFACE CONNECTO
D R(S) BETWEEN SEATS WITH CAP
813-1C8 D DETROIT CONNECT PLATFORM HARDWARE
8D1-203 D 3 YEARS DETROIT CONNECT BASE PACKAGE (FE
D ATURES VARY BY MODEL) DETROIT CONNECT PL
D ATFORM
8D2-998 D NO PREMIUM REMOTE UPDATES SERVICE
8D3-998 D NO SAFETY SYSTEMS DATA SERVICE
8D5-998 D NO DETROIT CONNECT VIDEO CAPTURE PACKAGE
8Z1-998 D NO ZONAR SERVICES SELECTED
80K-998 D NO SHUTDOWN OVERRIDE
80L-998 D NO REGEN SYSTEM TAILORING
80M-998 S NO ALTERNATE PTO SPEED
80N-998 D NO REDUCED ENGINE SPEED ON VSS FAILURE
80P-998 D NO FLEET SPEC FOR PARAMETERIZATION
80Q-998 S NO VEHICLE SPEED LIMIT - GHG
162-002 D IGNITION SWITCH CONTROLLED ENGINE STOP
885-998 D NO CONTROLS-FIRE PUMP
329-998 D NO EXTRA SWITCH IN DASH
81Y-998 D NO PRE TRIP SYSTEM TEST
48H-001 D QUICKFIT POWERTRAIN INTERFACE CONNECTOR
D LOCATED BETWEEN SEATS WITH CAPS
4CG-009 D 005 9 EXTRA PROGRAMMABLE SWITCHES/INDICATORS
207
Databook OriginTCO # Description Value
005 $C1B0297ZZ,C1C0298ZZ,C1D0299ZZ,C1E0300ZZ
005 ,C1F0301ZZ,C1G0303ZZ,C1H0302ZZ,C4U0086ZZ
005 ,C4V0087ZZ
4CH-007 D 005 7 EXTRA PROGRAMMABLE SWITCHES/INDICATORS
005 $C1J0071ZZ,C1K0160ZZ,C1L0136ZZ,C4W0146ZZ
005 ,C4X0215ZZ,C4Y0278ZZ,C1M0213ZZ
4C0-998 D NO TEM INTERFACE, SW PKG, GRAPHICS
4C1-998 D NO HARDWIRE SWITCH #1
4C2-998 D NO HARDWIRE SWITCH #2
4C3-998 D NO HARDWIRE SWITCH #3
4C4-998 D NO HARDWIRE SWITCH #4
44R-998 D NO ON/OFF LATCHING SMARTPLEX SWITCH
44S-998 D NO ON/OFF MOMENTARY SMARTPLEX SWITCH
44T-998 D NO ON/OFF/ON LATCHING SMARTPLEX SWITCH
44U-998 D NO ON/OFF/ON MOMENTARY SMARTPLEX SWITCH
44V-998 D NO PRE-DEFINED SMARTPLEX INDICATOR LAMPS
44W-998 D NO UNDEFINED INDICATOR LAMPS
264-030 D (1) OVERHEAD MOUNTED LANYARD CONTROL FOR
D DRIVER AIR HORN
482-001 D BW TRACTOR PROTECTION VALVE
883-001 D TRAILER HAND CONTROL BRAKE VALVE F 2
842-998 D NO TURBO AIR PRESSURE GAUGE
836-015 D DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DR
D IVER DISPLAY
660-008 D SINGLE ELECTRIC WINDSHIELD WIPER MOTOR W
D ITH DELAY
304-030 D ROTARY HEADLAMP SWITCH, MARKER LIGHTS/HE
D ADLIGHTS SWITCH WITH PULL OUT FOR OPTION
D AL FOG/ROAD LAMPS
81B-003 D DIGITAL PANEL LAMP DIMMER SWITCH IN DRIV
D ER DISPLAY
27D-998 D NO ALTERNATING FLASHING HEADLAMP SYSTEM
882-032 H 006 BENDIX INTELLIPARK E-PARK BRAKE, TRACTOR
H WITH WARNING INDICATOR
006 Pre-series for Bendix intellipark
299-020 D SELF CANCELING TURN SIGNAL SWITCH WITH D
D IMMER, HEADLAMP FLASH, WASH/WIPE/INTERMI
D TTENT
298-046 D INTEGRAL ELECTRONIC TURN SIGNAL FLASHER
D WITH 40 AMP (20 AMP PER SIDE) TRAILER LA
D MP CAPACITY
869-998 D NO MISCELLANEOUS GAUGES
PAINT
065-000 D PAINT: ONE SOLID COLOR
980-5F6 D CAB COLOR A: L0006EY
D WHITE ELITE EY
986-020 D BLACK, HIGH SOLIDS POLYURETHANE CHASSIS
D PAINT
98K-998 D NO FUEL TANK CABINET PAINT
962-972 D POWDER WHITE (N0006EA) FRONT WHEELS/RIMS
D (PKWHT21, TKWHT21, W, TW)
966-972 D POWDER WHITE (N0006EA) REAR WHEELS/RIMS
D (PKWHT21, TKWHT21, W, TW)
96E-998 D NO PUSHER/TAG WHEEL PAINT
96F-998 D NO SPARE WHEEL PAINT
48Q-998 D NO TIRE INFLATION DEVICE/SYSTEM
964-998 D NO BUMPER PAINT
976-998 D NO EXTERIOR SUNVISOR PAINT
969-998 D NO CAB/BODY EXTERIOR DECALS
963-003 D STANDARD E COAT/UNDERCOATING
208
Databook OriginTCO # Description Value
ADDITIONAL SPECIFICATIONS
50V-998 D NO ELECTRONIC DEVICES, PDI INST (SCO)
998-998 D DEALER ACCEPTS RESPONSIBILITY FOR IN-SER
D VICE PDI INSPECTION
95M-998 D NO CUSTOMER FURNISHED MATERIAL SPECIFIED
958-998 D NO INSPECTION-LABOR ONLY
99B-998 D NO MODIFICATION CENTER SHIPPING INSTRUCT
D IONS
82N-998 D NO SHIPPING PROTECTION
999-998 D NONE
996-001 D U.S. FMVSS CERTIFICATION, EXCEPT SALES C
D ABS AND GLIDER KITS
MWF-004 S DETROIT FRONT AXLE COVERAGE, GENERAL SER
S VICE, 2 YEAR/UNLIMITED MILES/KILOMETERS
TOTAL SUGGESTED RETAIL
DEALER NET
RCN-100 001 PRICE CONCESSION SYSTEM
RBC-486 007 RAW MATS BASKET INDICATOR - CHASSIS
START BEFORE 01/06/2025
RBB-001 007 MAJOR COMPONENT PASS-THROUGH (RAW MATERI
ALS)
WAG-074 TOWING: 1 YEAR/UNLIMITED MILES/KM EXTEND
ED TOWING COVERAGE $750 CAP FEX APPLIES
RCA-001 001 ADDITIONAL DISCOUNT PER CONCESSION
RAC-42N M2/SD PLUS ESCALATOR
RSC-999 004 PRICE ESCALATOR PER CONCESSION @ . %
RFU-022 REAR TIRE SURCHARGE
RFY-022 FRONT TIRE SURCHARGE
RFZ-025 001 MY/CY PRODUCTION SURCHARGE
P73-2FT 001 STANDARD DESTINATION CHARGE
PNZ-001 CARB-COMPLIANT BASE WARRANTY DD5/DD8 SS/
B6.7/L9 <=325
PNV-001 CARB24 DETROIT PRICING
RNT-001 001 NOTES
008 ************************* 0.00
008 IF BLD DATE >= 01/01/22 0.00
008 + MODEL YEAR = 2023 0.00
008 ESCALATE BY $ 500 0.00
008 IF BLD DATE >= 01/01/23 0.00~ null null
008 + MODEL YEAR = 2024 0.00
008 ESCALATE BY $ 1,000 0.00
008 IF BLD DATE >= 01/01/24 0.00
008 + MODEL YEAR = 2025 0.00
008 ESCALATE BY $ 1,500 0.00
008 IF BLD DATE >= 01/01/25 0.00
008 + MODEL YEAR = 2026 0.00
008 ESCALATE BY $ 2,000 0.00
209
Buyers Order
Unit#: 1969849 Stock#: VN9358 New 2025 FREIGHTLINER M2106 Price: $183,489.00 VIN: 3ALHCYD24SDVN9358 Mileage: 5 Color: WHITE ELITE EY To Be Delivered On or About: 11/15/2024 Unit Price: $183,489.00 _________________________________________________________________________________________________________________________ Sub Total $183,489.00
Admin Fee $195.00
Doc Fee $195.00
Sales Tax (8.750%) $16,089.41
Total Vehicle Sale Price $199,968.41
Net Total $199,968.41
Lienholder: None...
Reference Sourcewell Contract #060920-NAF,
Quote ID# 3061HD
DD8 Engine @ 300 HP and Allison Automatic Transmission.
Including 15 foot body 8/10 cu yd end dump
*** PRICING IS SUBJECT TO CHANGE DUE TO SUPPLY CHAIN AND PRODUCTION ISSUES. ***