City Council
Cody Bass, Mayor
Tamara Wallace, Mayor Pro Ten
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 and South Tahoe Redevelopment Successor
Agency
Meeting Agenda
Tuesday, December 10, 2024 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us02web.zoom.us/j/85421586382
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is: 854 2158 6382. 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 1 1. Certification of Election Results
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
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)
Regular- New Business
Requested Action / Suggested Motions: Pass a Resolution certifying the results of the November 5, 2024, Consolidated General Election.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1- Executive Summary.pdf
01-Staff Report-Certification of Election.docx
02 - Resolution - Certification of Election Results.docx 03-Attachment A to Resolution- Certification of Election.pdf Inaugural Ceremony
The City Clerk will administer the Oath of Office to newly elected City Councilmembers.
City Council Recognition
The City Council will recognize Councilmember Creegan, Councilmember Middlebrook, and former Mayor Pro-Tem Friedrich, for their service to the City of South Lake Tahoe. 2 2. 2025 Mayor and Mayor Pro Tem Selection
3. City Council Meeting Minutes
4. Fiscal Year 2023-24 Quarterly Financial Status Report - Quarter Ending September 2024
5. Investment Portfolio Report - September 30, 2024
Reorganization of the City Council
Requested Action / Suggested Motions: Pass a Motion selecting a Mayor and Mayor Pro Tem for the year 2025.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2- Executive Summary.pdf
01-Staff_Report_-2025_Mayor_and_Mayor_Pro-Tem_Selection.pdf 10-Minutes Recess
Roll Call
City Commission and Student Advisory Reports
Tahoe Regional Planning Agency-Advisory Planning Commission Report Requested Action / Suggested Motions: Receive Report from City Council Representative, Susan Chandler
TRPA APC Report to the City of South Lake Tahoe City Council 2024.pdf 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 November 19, 2024, regular City Council meeting.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 3- Executive Summary.pdf
11 19 2024 City Council Meeting Minutes.pdf
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member(s): Andrew Black, Financial Services Supervisor Item 4- FY 2023-24 Quarterly Financial Status Report.pdf Item 4- Executive Summary.pdf
01-Staff Report - FY 2023-24 Quarterly Budget.docx
02-FY 2023-24 Qtrly Budget Report Sept 2024 rev.pdf
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 5- Executive Summary.pdf
01-Staff Report Investment Report Sept 2024.docx
02-Operations Cash 09 30 2024.pdf
03-Fiscal Agent 09 30 2024.pdf
04-Graph 09 30 2024.pdf
3 6. Ordinance - Employee Housing Signage Ordinance (Second Reading)
7. Ordinance to Amend South Lake Tahoe City Code to Lower Speed Limits on Sections of Pioneer Trail, Ski Run Boulevard, and Lake Tahoe Boulevard (Second Reading)
8. Purchase of Chevrolet Silverado Medium Duty 4WD Crew Cab for the Street Division
9. Grant Application to Federal Emergency Management Agency (FEMA) for Self-Contained Breathing Apparatus (SCBA) Equipment
10. Prohousing Incentive Program Grant Application - Round 3 for Sugar Pine Village Affordable Housing Project - Phase 2B
05-Cash September 2024.pdf
Requested Action / Suggested Motions: Pass an Ordinance amending City Code Section 6.15.710,
6.15.730, and 6.30.080 to require lodging properties used for employee housing and all multifamily properties to post signage in a conspicuous location in English and Spanish with information for the Housing Hotline.
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 6- Executive Summary.pdf
01-Staff Report-Employee Housing Signage 2nd Reading.docx 02-Ordinance-Employee Housing Signage.docx
03-Public Notice.pdf
Requested Action / Suggested Motions: Pass an Ordinance amending South Lake Tahoe City Code Chapters 4.25.150 through 4.25.180 - Speed Restrictions on Certain Streets.
CEQA Determination: This action is exempt from review under CEQA Guidelines section 15301 (Existing Facilities).
Responsible Staff Member(s): Anush Nejad, Director of Public Works and Doug Sentell, Administrative Lieutenant
Item 7- Executive Summary.pdf
01-Staff Report - Amendment to Speed Restrictions Ordinance.docx 02-Ordinance-Speed Limit Reduction on City Streets.docx 03-Public Notice
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a purchase order with Champion Chevrolet to purchase one 23/24 Chevrolet Silverado Medium Duty 4WD Crew Cab from Champion Chevrolet of Reno, NV for $98,602.08 Responsible Staff Member(s): Anush Nejad, Director of Public Works, Phil Harwood, Fleet Manager Item 8- Purchase of Chevy.pdf
Item 8- Executive Summary.pdf
01 - Staff Report - Chevrolet 4WD Cab.docx
02 - Chevy Silverado 4WD Crew Cab.pdf
03 - Bid Summary Planet Bids Results.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing the Fire Chief to apply for a grant from FEMA for SCBA equipment in an amount not to exceed $650,000 and authorizing the Fire Chief to sign any documents required to apply for these subject funds with the understanding that the City would be responsible for 10% matching funds if the grant is awarded.
Responsible Staff Member(s): Jim Drennan, Fire Chief
Item 9- Executive Summary.pdf
01-Staff Report-AFG Grant Application.docx
02-Resolution-AFG Grant Application.docx
Requested Action / Suggested Motions: Pass a Resolution ratifying the grant application for the Prohousing Incentive Program (PIP) 2024 - Round 3 and authorizing the City Manager to accept funds from the California Department of Housing and Community Development for the Prohousing Incentive Program up to $620,000 for the Sugar Pine Village Affordable Housing Project, Phase 2B.
CEQA Determination: This action is statutorily exempt from review under Government Code section 4 11. Reimbursement Agreement with Southwest Gas for 2024 Construction Projects
12. Amendment No. 7 to Master Agreement with Jviation (Woolpert) for Design and Construction Management of Precision Approach Path Indicators
13. Amendment No. 1 to Agreement with Mangano Design Engineering Permitting, Inc. (MDEP) for Police Department Roof Repair Design and Construction Support Services
14. Amendment No. 7 to Agreement with Jordan Knighton Architecture Engineering for Architectural and Engineering Services for the Multigenerational Recreation and Aquatics Center 65913.4(d)(2) because the project was approved under Senate Bill 35.
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager and Crystal Plotner, Assistant Housing Planner
Item 10- Executive Summary.pdf
01-Staff Report - Prohousing Incentive Program Round 3.docx 02-Resolution - Prohousing Incentive Program Round 3.docx Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a Reimbursement Agreement with Southwest Gas for 2024 construction projects and appropriating $1,052,751.30 of In Lieu Fee paving funds into the 301-50005-48030 Road Rehabilitation Account.
Responsible Staff Member(s): Stephen Anderjack, Associate Civil Engineer Item 11- Executive Summary.pdf
01-Staff Report - SWG Reimbursement Agreement.docx
02-Southwest Gas Reimbursement Agreement.docx
03-Resolution-Southwest Gas Reimbursement Agreement.docx Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute Amendment No. 7 to Master Professional Services Agreement with Jviation (Woolpert) in an amount not to exceed $63,066.00 for design and construction management work on the Precision Approach Path Indicators.
CEQA Determination: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).
Responsible Staff Member(s): John Dickinson, Airport Manager Item 12- Executive Summary.pdf
01-Staff Report - PAPI.docx
02-Resolution-Jviation Amendment No. 7.docx
03-Amendment No. 7 to Agreement with Jviation Wolpert
04- C-103-2022 JVIATION.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 1 to Agreement with MDEP to add $19,705 for a not-to-exceed contract amount of $79,330 and add one year to the term to expire on December 31, 2025.
CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15301 (existing facilities).
Responsible Staff Member(s): Anush Nejad, Director of Public Works and Ricky Riddle, Construction and Facilities Program Manager
Item 13- Executive Summary.pdf
01-Staff Report - Mangano Amendment.docx
02_-_Mangano_C-169-2023_PD_ROOF_REPAIR_-_signed.pdf
03-Amendment No. 1 with Mangano Design Engineering Permitting (MDEP).docx 04 - Amendment_RFP 2023-07-26 Letter SLT PD Roof Budget (002).pdf Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 7 to the Professional Services Agreement with Jordan Knighton Architecture Engineering for an additional $108,920 for a total not-to-exceed amount of $5,060,303 for added scope of services for the Multigenerational Recreation and Aquatics Center. 5 15. Recognized Obligation Payment Schedule (ROPS) Fiscal Year 2025-2026
16. South Tahoe Refuse Interim Year and Senate Bill 1383 Rate Increase
17. Update to City Council Protocols
CEQA Determination: On January 18, 2022, the City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreation and Aquatics Center (State Clearinghouse file No. 2021120206) and filed the Notice of Determination filed with the El Dorado County Clerk on January 19, 2022. This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines 15162.
Responsible Staff Member(s): Ricky Riddle, Construction Manager/Facilites Program Manager Item 14- Executive Summary.pdf
01-Staff Report - JKAE Amendment 7.docx
02-Amendment No. 7 to Agreement with JK Architecture Engineering.pdf 03-C-084-2020 JK Architecural Eng. for Rec Ctr.pdf
04-C-010-2021 Amendment No. 1.pdf
05-C-108-2021 Amendment Nos. 2 & 4.pdf
06-C-106-2022 Amendment No. 5.pdf
07-C-031-2023 Amendment No. 6.pdf
Consent Agenda (South Tahoe Redevelopment Successor Agency) Requested Action / Suggested Motions: Acting as the South Tahoe Redevelopment Successor Agency Board, Pass a Resolution approving the Recognized Obligation Payment Schedule (ROPS) pursuant to Health and Safety Code section 34177 for the fiscal period commencing July 1, 2025, and ending June 30, 2026.
Responsible Staff Member(s): Olga Tikhomirova, Finance Director Item 15- Executive Summary.pdf
01-Staff Report ROPS 2025-2026.DOCX
02-Resolution STRSA ROPS 2025-2026.DOCX
03-ROPS 2025-2026 (Exh. A to Resolution).pdf
04-Sponsoring Entity Loan Repayment ROPS 2025-26 (Exh. B to Resolution).pdf Public Hearing
Requested Action / Suggested Motions: (1) Conduct a Majority Protest Public Hearing; and if no majority protest is received, (2) Pass a Motion approving South Tahoe Refuse Interim Year Rate Increase of 3.30 percent and 5.08 Percent for Senate Bill 1383 ($3.46 per month for residential customers and $3.96 per cubic yard for commercial customers), effective January 1, 2025.
Responsible Staff Member(s): Anush Nejad Public Works Director, and Sara Letton, Sustainability Coordinator
Item 16- Executive Summary.pdf
01-Staff Report - South Tahoe Refuse 2025 Rate Adjustment.docx 02 - Rate Setting Manual.pdf
03 - Prop 218 Notice 10.15.24 2.pdf
04 - Crowe Rate Review Report.pdf
05- South Shore Budget 24-25.pdf
06 - Clean Tahoe Program 2023-24 Report.pdf
Combined Written Protests.pdf
Regular New Business
Requested Action / Suggested Motions: Pass a Motion approving amendments to City Council Protocols to: (1) update the regular meeting calendar; (2) add the "Key to the City" program; (3) clarify that public comments on the Consent Agenda will be limited to three (3) minutes total per speaker; and (4) adding requirements for recusals and reporting of certain political contributions as 6 18. City Council Assignments to Boards and Commissions
19. Funding Transfer to the Tahoe Valley Stormwater and Greenbelt Improvement Project, Amendment No. 10 to Professional Services Agreement with Stantec Consulting Services, Inc., and Construction Contract Award for Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 2.
20. Change of Excess Workers' Compensation Insurance Coverage from Local Agency Workers' Compensation Excess (LAWCX) to California Intergovernmental Risk Authority (CIRA) required by recent amendments to the Levine Act.
Responsible Staff Member(s): Susan Blankenship, City Clerk, and Heather Stroud, City Attorney Item 17- Executive Summary.pdf
01-Staff Report-Protocols.docx
02 - 2024 City Council Protocols (Redline).docx
Requested Action / Suggested Motions: Discuss and select City Council appointment(s) to various Boards, Commissions, and Subcommittees. Council may also establish or eliminate subcommittees. City Council is asked to: 1) Pass a Motion approving City Council appointments to Boards, Commissions, and Subcommittees; and 2) Pass a Motion appointing a City Council Representative to each of the following: Tahoe Regional Planning Agency Advisory Planning Commission (two-year term), El Dorado County Commission on Aging (one-year term), and the El Dorado County Community Action Council (one-year term).
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 18- Executive Summary.pdf
01-Staff Report-Assignments to Commissions and Boards.docx 02-2024 City Council Assignments.docx
03-Notice-City Council Representative.pdf
Barrett- TRPA APC_Redacted.pdf
Erliich- TRPA APC_Redacted.pdf
Fernando- TRPA APC_Redacted.pdf
Messina- TRPA APC_Redacted.pdf
Messina- Commission on Aging_Redacted.pdf
Morgan- Commission on Aging (recieved after deadline)_Redacted.pdf Fernando- Community Action Council_Redacted.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Finance to: 1) transfer $90,000 from the Drainage Pipe Replacement Project to the Tahoe Valley Stormwater and Greenbelt Improvement Project; 2) authorizing and directing the Mayor to execute Amendment No.10 to the Professional Services Agreement with Stantec Consulting Services, Inc. for $7,500; and 3) authorizing and directing the Mayor to execute a Construction Contract with Herback General Engineering for Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 2 for $6,754,601.95 and a 10% contingency of $675,460.20.
CEQA Determination: The Planning Commission adopted a Mitigated Negative Declaration for the Project on May 9, 2019, SCH# 20190292152. This action does not require additional review under CEQA Guidelines section 15162.
Responsible Staff Member(s): Brianna Greenlaw, Associate Civil Engineer Item 19- Executive Summary.pdf
01-Staff Report-Tahoe Valley Phase 2.docx
02-Tahoe Valley Greenbelt Project Area Map.pdf
03-Resolution - Transfer Funds.doc
04-Amendment No. 10 with Stantec
05-Bid Tabulation.pdf
06-Foundation for Fair Contracting Bid Advisory.pdf
07-Willdan Memo.pdf
08-Herback Contract.docx
Requested Action / Suggested Motions: Pass a Motion authorizing withdrawal from Local Agency 7 21. Agreement with Workbench for Preapproved Accessory Dwelling Unit (ADU) Plans
22. Agenda Planning Calendar
Workers' Compensation Excess (LAWCX) and enrollment in California Intergovernmental Risk Authority (CIRA) for excess workers' compensation coverage, contingent upon CIRA Board of Directors approval.
Responsible Staff Member(s): Rebecca Penado, Risk Manager Item 20- Executive Summary.pdf
01 - Staff Report - Change Workers Comp Excess Carrier.docx 02 - CIRA Premium Calculation.pdf
03 - Presentation - Change of Excess WC Insurance.pptx
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Service Agreement with Workbench, in an amount not to exceed $125,000, for the development of Preapproved Accessory Dwelling Unit plans.
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 21- Executive Summary.pdf
01-Staff Report - Workbench PSA.docx
02-PSA with Workbench.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 22- Executive Summary.pdf
APC - 12 05 2024.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday December 10, 2024, City Council and South Tahoe Redevelopment Successor Agency meeting was posted and available for review on Thursday, December 5, 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 December 5, 2024
\\sb\\ Susan Blankenship, Elected City Clerk
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:1
Agenda Item: Certification of Election Results
Executive Summary: The November 5, 2024, General Election, the City of South Lake Tahoe consolidated with the El Dorado County Elections Department for the purpose of electing two City Council members, and one Citizen’s initiative (Measure N) on the ballot. B. The election returns have been canvassed by the El Dorado County Registrar of Voters pursuant to the provisions of the California Elections Code and the results have been certified and are being presented to the City Council. The results certify that David Jinkens and Keith Roberts have been elected as members of the City Council for a full term of four (4) years. The results further certify the ballot initiative, Measure N, failed.
Requested Action / Suggested Motions: Pass a Resolution certifying the results of the November 5, 2024, Consolidated General Election.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Heather Stroud, City Attorney Attachments:
01-Staff Report-Certification of Election.docx
02 - Resolution - Certification of Election Results.docx 03-Attachment A to Resolution- Certification of Election.pdf 9 Council Agenda Report- December 10, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Certification of Election Results
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk Background: For the November 5, 2024, General Election, the City of South Lake Tahoe consolidated with the El Dorado County Elections Department for the purpose of electing two City Council members, and one Citizen’s initiative (Measure N) on the ballot.
Elections Code section 10262. (b) stipulates:
(b) For a consolidated election, the city elections official, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the governing body which shall, no later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, comply with the applicable provisions of Section 10263.
Elections Code section 10263. stipulates:
Upon the completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election and the other matters that are enumerated in Section 10264. The governing body shall declare elected the persons for whom the highest number of votes were cast for each office.
The results from the November 5, 2024 election were certified by the El Dorado County Registrar of Voters on December 3, 2024. A copy of the Official Final Summary Report which has been certified by Bill O’Neil, Registrar of Voters, is attached to the resolution as "Exhibit A." Financial Implications: An invoice has not yet been received from El Dorado County for the City's cost of the election; however, the estimated cost for consolidation of the General Election was budgeted for in the Office of the City Clerk 2024/25 Fiscal Year Budget.
Policy Implications: The certification of Election results meets the requirement stipulated in Elections Code.
10 Resolution 2024-XXX December 10, 2024 Page 1 of 1
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
December 10, 2024
Certifying the Election Results of the
Consolidated General Election held on November 5, 2024
BACKGROUND
A. On November 5, 2024, a Consolidated General Election was held in the City of South Lake Tahoe pursuant to City of South Lake Tahoe Ordinance No. 860.
B. The election returns have been canvassed by the El Dorado County Registrar of Voters pursuant to the provisions of the California Elections Code and the results have been certified and are being presented to the City Council.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Certifies that the whole number of votes cast in the City, the names of the persons voted for, the measures voted upon, for what office each person was voted for, the number of votes given at each precinct to each person and for and against each measure, the number of votes given in the City to each person and for and against each measure, are within the copy of the Official Final Summary Report which has been certified by Bill O’Neil, Registrar of Voters on December 3, 2024, is attached to this resolution as "Exhibit A" and incorporated herein by reference.
2. Certifies that the following named persons are hereby declared to have been elected as members of the City Council for a full term of four (4) years: David Jinkens, and Keith Roberts.
3. Certifies the result of the following ballot initiative: Measure N - Failed Adopted by the City of South Lake Tahoe City Council on December 10, 2024, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
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.
11 12
Candidate Party Total
DONALD J TRUMP REP 61,109 54.61%
KAMALA D HARRIS DEM 47,703 42.63%
ROBERT F KENNEDY JR AI 1,479 1.32%
CHASE OLIVER LIB 733 0.66%
JILL STEIN GRN 700 0.63%
CLAUDIA DE LA CRUZ PF 166 0.15%
Total Votes 111,908
Total
Peter Sonski WRITE-IN 18 0.02%
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
President and Vice President of the United States (Vote for 1) Candidate Party Total
STEVE GARVEY REP 64,663 58.57%
ADAM B SCHIFF DEM 45,734 41.43%
Total Votes 110,397
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
United States Senator (Vote for 1)
Candidate Party Total
STEVE GARVEY REP 64,334 58.74%
ADAM B SCHIFF DEM 45,184 41.26%
Total Votes 109,518
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
United States Senator (Short Term) (Vote for 1)
Precincts Reported: 165 of 165 (100.00%)
Voters Cast: 114,023 of 135,300 (84.27%)
COUNTY OF EL DORADO
TUESDAY, NOVEMBER 5, 2024
PRESIDENTIAL GENERAL ELECTION
OFFICIAL FINAL SUMMARY REPORT
Page: 1 of 14 12/3/2024 10:46:10 AM
13 Candidate Party Total
KEVIN KILEY REP 18,052 53.73%
JESSICA MORSE DEM 15,548 46.27%
Total Votes 33,600
Total
Times Cast 35,025 / 42,732 81.96%
Precincts Reported: 57 of 57 (100.00%)
US Representative 3rd District (Vote for 1)
Candidate Party Total
TOM MCCLINTOCK REP 46,898 61.90%
MICHAEL J "MIKE" BARKLEY DEM 28,862 38.10%
Total Votes 75,760
Total
Times Cast 78,998 / 92,568 85.34%
Precincts Reported: 108 of 108 (100.00%)
US Representative 5th District (Vote for 1)
Candidate Party Total
HEATHER HADWICK REP 14,340 63.38%
TENESSA AUDETTE REP 8,286 36.62%
Total Votes 22,626
Total
Times Cast 30,783 / 37,698 81.66%
Precincts Reported: 56 of 56 (100.00%)
State Assembly 1st District (Vote for 1)
Candidate Party Total
JOE PATTERSON REP 51,217 64.97%
NEVA PARKER DEM 27,615 35.03%
Total Votes 78,832
Total
Times Cast 83,240 / 97,602 85.29%
Precincts Reported: 109 of 109 (100.00%)
State Assembly 5th District (Vote for 1)
Page: 2 of 14 12/3/2024 10:46:10 AM
14 Candidate Party Total
RACHEL LIBRACH 11,205 57.84%
CHARLES M WARE 8,167 42.16%
Total Votes 19,372
Total
Times Cast 24,969 / 29,320 85.16%
Precincts Reported: 26 of 26 (100.00%)
County Board of Education Trustee Area 1 - Unexpired Short Term (Vote for 1) Candidate Party Total
KEN FUTERNICK 9,911 56.00%
KEVIN P YOUNG 7,786 44.00%
Total Votes 17,697
Total
Times Cast 20,911 / 24,900 83.98%
Precincts Reported: 34 of 34 (100.00%)
County Board of Education Trustee Area 3 (Vote for 1)
Candidate Party Total
BOB ANDERSON 2,112 76.00%
FABIAN CARBALLO 667 24.00%
Total Votes 2,779
Total
Times Cast 3,414 / 4,316 79.10%
Precincts Reported: 4 of 4 (100.00%)
Lake Tahoe Unified School District Trustee Area 3 (Vote for 1) Candidate Party Total
MELISSA KEYZER 8,825 24.95%
KIRK SEAL 7,155 20.23%
RYAN MEIER 6,873 19.43%
THOMAS F FOX 6,357 17.97%
JENNIFER EULER 4,357 12.32%
JOELLENE J VAKULICH 1,809 5.11%
Total Votes 35,376
Total
Times Cast 26,177 / 30,929 84.64%
Precincts Reported: 26 of 26 (100.00%)
Buckeye Union School District Governing Board Member (Vote for 2) Page: 3 of 14 12/3/2024 10:46:10 AM
15 Candidate Party Total
CHRIS VINTON 1,845 30.82%
AARON LOCKHART 1,468 24.52%
ANGELICA KIMBROUGH 1,426 23.82%
ADAM HARSTON 1,247 20.83%
Total Votes 5,986
Total
Times Cast 4,759 / 5,574 85.38%
Precincts Reported: 13 of 13 (100.00%)
Gold Oak Union School District Governing Board Member (Vote for 2) Candidate Party Total
LARRY THORNHILL 1,943 41.93%
JASON HANKS 1,422 30.69%
MICAH HOWSER 1,269 27.38%
Total Votes 4,634
Total
Times Cast 4,267 / 4,888 87.30%
Precincts Reported: 9 of 9 (100.00%)
Gold Trail Union School District Governing Board Member (Vote for 2) Candidate Party Total
JONATHAN RUSSELL 1,348 37.59%
NANETTE HARGO 1,257 35.05%
APRIL STEWART 981 27.36%
Total Votes 3,586
Total
Times Cast 3,019 / 3,484 86.65%
Precincts Reported: 9 of 9 (100.00%)
Pioneer Union School District Governing Board Member (Vote for 2) Candidate Party Total
MICHAEL T FLAHERTY 10,199 33.57%
MICHAEL R GORDON 9,368 30.84%
KITTY CZARNECKI 6,357 20.93%
JENNEY ROBLES 4,455 14.66%
Total Votes 30,379
Total
Times Cast 22,932 / 26,649 86.05%
Precincts Reported: 31 of 31 (100.00%)
Rescue Union School District Governing Board Member (Vote for 2) Page: 4 of 14 12/3/2024 10:46:10 AM
16 Candidate Party Total
RYAN CARTER 2,229 33.72%
JACKIE NEAU 2,206 33.37%
MICHAEL NASH SARAGOSA 2,175 32.90%
Total Votes 6,610
Total
Times Cast 5,230 / 6,381 81.96%
Precincts Reported: 6 of 6 (100.00%)
City Of Placerville City Council Member (Vote for 2)
Candidate Party Total
DAVID JINKENS 3,593 26.01%
KEITH ROBERTS 2,621 18.98%
AIMI XISTRA 2,405 17.41%
NICK SPEAL 2,290 16.58%
CAITLIN MCMAHON 1,542 11.16%
HEATHER CADE-BAUER 791 5.73%
MARJORIE "M" GREEN 570 4.13%
Total Votes 13,812
Total
Times Cast 9,138 / 12,111 75.45%
Precincts Reported: 10 of 10 (100.00%)
City Of South Lake Tahoe City Council Member (Vote for 2) Candidate Party Total
JOHN L COOK 118 36.20%
TINA ROBERTSON 92 28.22%
DENISE "DENNIE" M
SALZMAN 83 25.46%
ANTHONY KURYWCHAK 33 10.12%
Total Votes 326
Total
Times Cast 201 / 227 88.55%
Precincts Reported: 1 of 1 (100.00%)
Cameron Park Airport District Director (Vote for 2)
Page: 5 of 14 12/3/2024 10:46:10 AM
17 Candidate Party Total
KATIE GILCHREST 3,546 24.43%
SIDNEY BAZETT 2,906 20.02%
BARBARA J ROGERS 2,774 19.11%
J R HICHBORN 2,297 15.82%
LIZ GATES 1,500 10.33%
TRACY DOYLE 1,494 10.29%
Total Votes 14,517
Total
Times Cast 11,494 / 13,449 85.46%
Precincts Reported: 11 of 11 (100.00%)
Cameron Park Community Services District Director (Vote for 2) Candidate Party Total
CHUCK KING 14,481 39.74%
NOELLE MATTOCK 11,299 31.01%
STEVEN GUTIERREZ 10,658 29.25%
Total Votes 36,438
Total
Times Cast 29,898 / 34,907 85.65%
Precincts Reported: 29 of 29 (100.00%)
El Dorado Hills Community Services District Director (Vote for 2) Candidate Party Total
JOHN HIDAHL 13,281 33.23%
KEVIN GOTRO 10,289 25.75%
BOBBI BENNETT 8,956 22.41%
ESTHER M BECKMAN 7,437 18.61%
Total Votes 39,963
Total
Times Cast 31,867 / 37,205 85.65%
Precincts Reported: 33 of 33 (100.00%)
El Dorado Hills County Water/Fire District Director (Vote for 2) Candidate Party Total
DAN DONELLI 15,557 64.22%
MICHAEL HILLHOUSE 8,667 35.78%
Total Votes 24,224
Total
Times Cast 31,867 / 37,205 85.65%
Precincts Reported: 33 of 33 (100.00%)
El Dorado Hills County Water/Fire District Director - Unexpired Short Term (Vote for 1)
Page: 6 of 14 12/3/2024 10:46:10 AM
18 Candidate Party Total
PAUL J PENN 5,423 44.09%
NOEL RUSSELL 4,830 39.27%
TIFFANY CASEY-MOORE 2,046 16.64%
Total Votes 12,299
Total
Times Cast 14,991 / 17,900 83.75%
Precincts Reported: 24 of 24 (100.00%)
El Dorado Irrigation District Division 1 Director (Vote for 1) Candidate Party Total
CHARLES MANSFIELD 8,551 62.70%
BRADLEY POPEJOY 5,088 37.30%
Total Votes 13,639
Total
Times Cast 15,835 / 18,756 84.43%
Precincts Reported: 21 of 21 (100.00%)
El Dorado Irrigation District Division 3 Director (Vote for 1) Candidate Party Total
KELLY M SHEEHAN 5,566 31.54%
JOEL HENDERSON 4,155 23.54%
SETH DALLOB 4,080 23.12%
CHRISTOPHER J CEFALU 3,848 21.80%
Total Votes 17,649
Total
Times Cast 14,282 / 18,227 78.36%
Precincts Reported: 12 of 12 (100.00%)
South Tahoe Public Utility District Director (Vote for 2) Candidate Party Total
DAN WILKINS 223 26.55%
JUDY FRIEDMAN 214 25.48%
ELLEYNE "ELLIE" BEALS 206 24.52%
BLAKE HERRSCHAFT 104 12.38%
GREG MICKIEWICZ 93 11.07%
Total Votes 840
Total
Times Cast 497 / 618 80.42%
Precincts Reported: 3 of 3 (100.00%)
Tahoe City Public Utility District Director (Vote for 3) Page: 7 of 14 12/3/2024 10:46:10 AM
19 Candidate Party Total
NO 57,849 53.86%
YES 49,553 46.14%
Total Votes 107,402
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 2 (Vote for 1)
Candidate Party Total
YES 56,464 52.67%
NO 50,746 47.33%
Total Votes 107,210
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 3 (Vote for 1)
Candidate Party Total
NO 60,648 56.34%
YES 46,996 43.66%
Total Votes 107,644
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 4 (Vote for 1)
Candidate Party Total
NO 76,769 71.90%
YES 29,998 28.10%
Total Votes 106,767
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 5 (Vote for 1)
Page: 8 of 14 12/3/2024 10:46:10 AM
20 Candidate Party Total
NO 72,675 68.80%
YES 32,950 31.20%
Total Votes 105,625
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 6 (Vote for 1)
Candidate Party Total
NO 74,008 68.69%
YES 33,740 31.31%
Total Votes 107,748
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 32 (Vote for 1)
Candidate Party Total
NO 78,800 74.25%
YES 27,330 25.75%
Total Votes 106,130
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 33 (Vote for 1)
Candidate Party Total
YES 51,949 50.41%
NO 51,101 49.59%
Total Votes 103,050
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 34 (Vote for 1)
Page: 9 of 14 12/3/2024 10:46:10 AM
21 Candidate Party Total
YES 64,751 61.07%
NO 41,275 38.93%
Total Votes 106,026
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 35 (Vote for 1)
Candidate Party Total
YES 80,175 74.68%
NO 27,185 25.32%
Total Votes 107,360
Total
Times Cast 114,023 / 135,300 84.27%
Precincts Reported: 165 of 165 (100.00%)
PROPOSITION 36 (Vote for 1)
Candidate Party Total
BONDS YES 4,622 58.23%
BONDS NO 3,315 41.77%
Total Votes 7,937
Total
Times Cast 8,442 / 9,949 84.85%
Precincts Reported: 9 of 9 (100.00%)
MEASURE A - Black Oak Mine USD - 55% to pass (Vote for 1) Candidate Party Total
BONDS YES 3,055 62.95%
BONDS NO 1,798 37.05%
Total Votes 4,853
Total
Times Cast 5,163 / 6,231 82.86%
Precincts Reported: 10 of 10 (100.00%)
MEASURE P - Pollock Pines SD - 55% to pass (Vote for 1) Page: 10 of 14 12/3/2024 10:46:10 AM
22 Candidate Party Total
BONDS YES 8,196 61.20%
BONDS NO 5,196 38.80%
Total Votes 13,392
Total
Times Cast 14,328 / 18,281 78.38%
Precincts Reported: 17 of 17 (100.00%)
MEASURE U - Lake Tahoe USD - 55% to pass (Vote for 1)
Candidate Party Total
NO 6,228 70.71%
YES 2,580 29.29%
Total Votes 8,808
Total
Times Cast 9,138 / 12,111 75.45%
Precincts Reported: 10 of 10 (100.00%)
MEASURE N - City of SLT - Majority to pass (Vote for 1) Candidate Party Total
YES 75 63.03%
NO 44 36.97%
Total Votes 119
Total
Times Cast 125 / 135 92.59%
Precincts Reported: 1 of 1 (100.00%)
MEASURE B - River Pines ZOB - 2/3 to pass (Vote for 1)
Candidate Party Total
YES 90 66.18%
NO 46 33.82%
Total Votes 136
Total
Times Cast 139 / 163 85.28%
Precincts Reported: 1 of 1 (100.00%)
MEASURE C - Walnut Drive Road ZOB - 2/3 to pass (Vote for 1) Page: 11 of 14 12/3/2024 10:46:10 AM
23 Candidate Party Total
YES 79 69.30%
NO 35 30.70%
Total Votes 114
Total
Times Cast 120 / 140 85.71%
Precincts Reported: 1 of 1 (100.00%)
MEASURE E - Ryan Ranch ZOB - 2/3 to pass (Vote for 1)
Candidate Party Total
NO 53 54.08%
YES 45 45.92%
Total Votes 98
Total
Times Cast 99 / 118 83.90%
Precincts Reported: 1 of 1 (100.00%)
MEASURE G - Pilot View ZOB - 2/3 to pass (Vote for 1)
Candidate Party Total
YES 13 86.67%
NO 2 13.33%
Total Votes 15
Total
Times Cast 17 / 17 100.00%
Precincts Reported: 1 of 1 (100.00%)
MEASURE H - King of the Mountain ZOB - 2/3 to pass (Vote for 1) Candidate Party Total
NO 9 60.00%
YES 6 40.00%
Total Votes 15
Total
Times Cast 19 / 24 79.17%
Precincts Reported: 1 of 1 (100.00%)
MEASURE J - Blanchard Estates ZOB - 2/3 to pass (Vote for 1) Page: 12 of 14 12/3/2024 10:46:10 AM
24 Candidate Party Total
YES 194 85.46%
NO 33 14.54%
Total Votes 227
Total
Times Cast 232 / 268 86.57%
Precincts Reported: 1 of 1 (100.00%)
MEASURE K - Emerald Meadows ZOB - 2/3 to pass (Vote for 1) Candidate Party Total
NO 17 100.00%
YES 0 0.00%
Total Votes 17
Total
Times Cast 17 / 21 80.95%
Precincts Reported: 1 of 1 (100.00%)
MEASURE L - Cavalry Meadows ZOB - 2/3 to pass (Vote for 1) Candidate Party Total
NO 13 81.25%
YES 3 18.75%
Total Votes 16
Total
Times Cast 17 / 18 94.44%
Precincts Reported: 1 of 1 (100.00%)
MEASURE M - Sundown Estates ZOB - 2/3 to pass (Vote for 1) Candidate Party Total
YES 1,196 79.26%
NO 313 20.74%
Total Votes 1,509
Total
Times Cast 1,664 / 1,986 83.79%
Precincts Reported: 2 of 2 (100.00%)
MEASURE Q - Promontory Park - Majority to pass (Vote for 1) Page: 13 of 14 12/3/2024 10:46:10 AM
25 Candidate Party Total
YES 1,772 71.02%
NO 723 28.98%
Total Votes 2,495
Total
Times Cast 2,962 / 3,517 84.22%
Precincts Reported: 3 of 3 (100.00%)
MEASURE R - Valley View - Majority to pass (Vote for 1) Candidate Party Total
YES 1,269 91.03%
NO 125 8.97%
Total Votes 1,394
Total
Times Cast 1,473 / 1,571 93.76%
Precincts Reported: 1 of 1 (100.00%)
MEASURE S - Carson Creek - Majority to pass (Vote for 1) Candidate Party Total
YES 63 72.41%
NO 24 27.59%
Total Votes 87
Total
Times Cast 89 / 100 89.00%
Precincts Reported: 2 of 2 (100.00%)
MEASURE T - Hickok Rd CSD - 2/3 to pass (Vote for 1)
Page: 14 of 14 12/3/2024 10:46:10 AM
26 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:2
Agenda Item: 2025 Mayor and Mayor Pro Tem Selection
Executive Summary: The Mayor and Mayor Pro Tem shall serve a (1) one-year term of office. Pursuant to City Code section 2.05.050(A) and City Council Protocols VII (1) the City Council shall, at its first meeting, select a mayor and mayor pro tempore. The newly selected Mayor and Mayor Pro Tem will commence their terms of office immediately.
Requested Action / Suggested Motions: Pass a Motion selecting a Mayor and Mayor Pro Tem for the year 2025.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Heather Stroud, City Attorney Attachments:
01-Staff Report -2025 Mayor and Mayor Pro-Tem Selection.docx 27 Council Agenda Report December 10, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: 2025 Mayor and Mayor Pro Tem Selection
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk Background: In accordance with South Lake Tahoe City Code section 2.05.050(A) and City Council Protocol VII(1) Mayor and Mayor Pro Tem Term of Office, at its first meeting the City Council shall select a Mayor and Mayor Pro Tem. The Mayor’s duties under the South Lake Tahoe City Code and City Council Protocols include presiding over and facilitating discussion at City Council meetings, signing written contracts and instruments, and acting as the City Council’s ceremonial representative at public events and functions. The Mayor Pro Tem assumes the Mayor’s responsibilities in the Mayor’s absence.
Issue and Discussion: The City Council is asked to deliberate and pass a Motion selecting a Mayor and Mayor Pro Tem for 2025.
Financial Implications: There are no financial obligations associated with this action.
Environmental Considerations: The selection of Mayor and Mayor Pro Tem is not a project requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in direct or indirect physical changes to the environment).
Policy Implications: The selection of a Mayor and Mayor Pro Tem conforms to City Code and Protocols.
The newly selected Mayor and Mayor Pro Tem will commence their terms of office immediately. 28 Report to the City of South Lake Tahoe City Council - TRPA APC - 2024 I am currently in my second year of my second 2-year term as the SLT lay person to the TRPA APC. I will not be applying for a 3rd term.
An Overview of the year’s meetings: (detailed minutes of all meetings can be located at:
https://www.trpa.gov/?s=APC+minutes&et_pb_searchform_submit=et_search_proccess&et_pb _include_posts=yes&et_pb_include_pages=yes
February 14, 2024:
Proposed Boatworks redevelopment in Tahoe City
Information – amendments to the code of ordinances supporting Climate resilience.
April 10, 2024
Active transportation Plan update
Area Plan update Woodcreek area in Incline village: allowed for the addition of schools to the area plan.
Proposed amendments to the Threshold standards for invasive species, specifically dealing with Stream Environmental zones, the Tahoe Yellow Cress, and AIS control standards.
Specifically discussed were the standards relating to AIS within the Tahoe Keys.
Phase 2 housing amendments related to stormwater collection and bonus units May 8:
A presentation by Jacob Stock on climate best practices, mixed use standards and affordable housing. This presentation included plans for traffic mitigation, supporting EV charging, solar energy and support of a dark sky proposal.
Discussion of rezoning a lot near Stateline as 2 lots have been merged, one which is in the tourist zone and one which is not.
Overview of proposed basin evacuation plan by Chief Stevens June 12:
Field trip to Meeks Bay to review the redevelopment plan.
August 14:
Lake Tahoe Summit
Tourist Core Area Plan to standardize requirements and clarify: to promote housing, economic development, and transportation options and to incorporate Phase 2 housing amendments for density, height, coverage and parking.
Discussion of the Meeks Bay restoration plan (www.mwwksbayproject.org) 29 November 13:
Discussion and action of proposed amendments of the TRPA Code of Ordinances regarding the review and approval process for local jurisdiction area plans that propose alternative density and height restrictions in town centers.
Lake Tahoe dam investigatory work by the bureau of reclamation to ascertain the soundness of the dam in Tahoe City.
Nevada Energy Resilience corridor project. A presentation by Nevada Energy December 11:
The proposed agenda will be centered on the Homewood redevelopment and permitting process.
It is rewarding to see that the actions of the TRPA are in parallel to the city of South Lake Tahoe Strategic Plan.
During the year the following topics were discussed and/ or acted on:
• Revitalize of town centers
• Alternative transportation: walking, biking
• Minimize impact of built environment: stormwater mitigation, reduction of VMT, parking mitigations
• Affordable, work force housing
• Changes in procedures to streamline permitting changes to town center regulations. • Improvements to public transportation.
• Control of invasive species (AIS)
I never cease to be amazed at the breadth of the TRPA’s endeavors and their continued stewardship of the Tahoe Basin. It has been an honor to be on the TRPA APC for 4 years. Please let me know if I can be of any use in aiding in the transition of a new person to fill this position on the APC.
Respectfully submitted,
Susan Chandler
30 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:3
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council are asked to formally approve the meeting Minutes from November 19, 2024.
Requested Action / Suggested Motions: Pass a Motion approving the Minutes for the November 19, 2024, regular City Council meeting.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
11 19 2024 City Council Meeting Minutes.pdf
31 City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, November 19, 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 5:03 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 November 19, 2024
1. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1).
Case: Michael Gamberg v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case Nos. ADJ12021054 and ADJ15448114
Action: No reportable action.
Public Communications
Public Comment was heard from the following person:
1. Kenney Curtzweiler- Thank you to the City employees who helped with the Heavenly Village Christmas Tree delivery
2. Bob Poet- Supporting local businesses, Labor Lodge Coalition
3. Ed Mosur- Need for Washoe representative on the Tahoe Regional Planning Agency Board
4. Angie Reagan- Accessibility and inclusion
5. Erick Asbury- Zoom accessibility, Councilmember Code of Conduct Written Public Comment was received from the following people:
1. Olivia Clemens- Councilmember Middlebrook
2. Gerald Barney- Cell towers
3. Edwin Bustillos- Cell towers
4. John Carlos- Overtourism
32 5. Rudolph Del Real- Measure N
6. Ralph Digia- Cell towers
7. Saundra Edwards- Bijou Park Creek Park
8. Granville Fortescue- Scenic corridors
9. Sydney Griffin (3)- Conserved land parcels
10. Will Irwin- Scenic parkways
11. Mike Judge- Cell towers
12. Peter Lesgraft- Bioinitiative 2012
13. Emily Post- Tahoe Regional Planning Agency
14. Harper Puck- Councilmember Middlebrook
15. Vasily Sleptsov- Ski Run Park coverage limtis
16. Paul Geske- City Clerk Blankenship
17. George Shaw- Councilmember Creegan
18. Evan Bevan- City Clerk Blankenship
19. Nellie Bly- Councilmember Creegan
20. Paul Weitz- Councilmember Creegan
21. Oscar Cesare- City Council
22. Richard Smothers- Assistant City Manager Roverud
23. Ambrose Bierce- Councilmember Creegan
24. Susan Griffin- Councilmember Creegan
25. David Chain- Cell towers
26. Udo Keppler- City Council
27. John Turner- Councilmembers Creegan and Friedrich
28. Jonathan Swift- Councilmember Creegan
29. Jacob Riis (2)- Freedom of Speech, Tahoe Chamber
30. Theo Colborn- Environmental Health in Nursing
31. John Powell- Bijou Park Creek restoration
32. Rachel Carson- Restored land parcels
33. Will Irwin- Public utility easement
34. Stella Gibbons- City Council
35. Warren Harding- Cory Rich and Chris McNamara
36. Danny Elfman- Mayor Pro Tem Wallace
37. Walter Pinniped- Mayor Pro Tem Wallace
38. Dennis Weaver- Mayor Pro Tem Wallace
39. Joseph Story- Assistant City Manager Roverud
40. Brent Wisner- Corrupt interests
41. Lionel Hutz- City Attorney Stroud
42. Shirley Briggs- Cell ttowers
43. Asa Briggs- Cell towers
44. Ernest Coe- Cell towers
Commission Report
1. Stacy Ballard, Arts, Culture, and Tourism Commission- Representing the Commission for any questions on agenda Item #10 Arts, Culture & Tourism Public Art Installation Contract Award.
Consent Agenda
Note: Councilmember Creegan recused herself from voting on Item #4, Heavenly Area Annexation Ordinance, due to a salary implication.
Action: Moved/Seconded: Wallace/Robbins
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed the consent agenda, with noted recusal.
33 1. Regular City Council Meeting Minutes
Action: Passed Motion 2024-112 approving the minutes for the November 5, 2024, regular City Council meeting.
2. Master Fee Schedule Update- Various Parks & Recreation Programs Action: Passed Resolution 2024-128 updating the Fiscal Year 2023/2024 Master Schedule of Fees and Charges for City Services to include fees for nine new programs and increasing the fee for the Youth Basketball League.
3. Approval of City Salary Table and California Minimum Wage Increase Action: Passed Resolution 2024-129 amending the City Salary Table to establish the state minimum wage for City employees at $16.50, effective the pay period including January 1, 2025, and incorporating the compensation adjustment for the City Treasurer approved resolution on September 24, 2024, and the compensation adjustment for the City Council approved by ordinance on October 22, 2024, both effective January 23, 2025.
4. Heavenly Area Annexation- An Ordinance Pre-zoning 30 Parcels, and Amending South Lake Tahoe City Code Title 6, Chapter 6.55, Article II (Plan Area Maps and Statements) (Second Reading)
Note: Councilmember Creegan recused herself from votnig on this item due to a salary implication.
Action: Passed ORD 2024-1190 approving the Pre-Zoning of 30 Parcels Located in Unincorporated El Dorado County, amending South Lake Tahoe City Code Title 8, Chapter
6.55, Article II (Plam Area Maps and Statements) and making certain findings in annexation of such parcels into the City.
Public Comment was heard from the following person:
1. Shaydar Edelmann, Heavenly Mountain Resort
Written Public Comment was received from the following person:
1. David Jinkens
5. Acceptance and Budget Appropriation of Community Development Block Grant Coronavirus Funds for Tahoe Coalition for the Homeless Bear’s Den Inn Rehabilitation Action: Passed Resolution 2024-130 accepting additional grant funding allocation and authorizing the Finance Director to appropriate a total of $1,289,038 into the revenue and expense budget line items for the CDBG CV 2-3 award for the expenditures to Tahoe Coalition for the Homeless.
Public Hearing
6. Master Fee Schedule Amendment to Adopt New Demotion Permit Fee Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Resolution 2024-131 amending the Fiscal Year 2024/2024 Master Schedule of Fees and Charges for City Services to adopt new fee of $430 for demotion permits. 34 7. Ordinance- Employee Housing Outreach Update and Employee Housing Signage (First Reading)
Action: Moved/Seconded: Robbins/Wallace
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Motion 2024-118 to hold a first reading (by title only) of an ordinance amending Title 6, Sections 6.15.710, 6.15.730 and 6.30.080 of the South Lake Tahoe City Code to add requirements for employee housing signage, and refer second reading and adoption to the December 10, 2024, meeting.
Regular- Unfinished Business
8. Pay for Success Contracts with Live Violence Free and Tahoe Coalition for the Homeless
Action: Moved/Seconded: Robbins/Wallace
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Motion 2024-119 directing staff to bring back to City Council a contract each with the Tahoe Coalition for the Homeless and Live Violence Free, based on the Pay for Success Model, in an amount not to exceed $40,000 each, and to reach out to Tahoe Coalition for the Homeless to investigate options and future funding needs to operate a longterm equivilant of a warm room.
Public Comment was heard from the following person:
1. Chelcee Thomas, Live Violence Free
9. Airport Master Plan Implementation Presentation
Action: Moved/Seconded: Middlebrook/Creegan
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Motion 2024-120 directing staff to prepare the Airport Layout Plan reflective of the recommended alternative and cost estimates.
The following person addressed the Council:
1. Tony Davis and Mark Miler, Jviation
Public Comment was heard from the following people:
1. Ed Mosur
2. Melissa Soderston
3. John Messina
4. Judi Allen
5. Erick Asbury
6. Nick Speal
35 Regular- New Business
10. Arts, Culture, and Tourism Public Art Installation Contract Award Action: Moved/Seconded: Creegan/Wallace
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Resolution 2024-120 authorizing and directing the Mayor to execute a contract with Terri Bennett in an amount not to exceed $100,000 (C-291-2024) for a public art installation at Lakeview Commons in location “A”, and appropriating and transferring funds from General Fund ARPA funding Account to Art-Public Art Account.
The following person addressed the Council:
1. Terri Bennett
Public Comment was heard from the following people:
1. Ed Mosur
2. Stacy Ballard
3. Judi Allen
4. John Messina
5. Erick Asbury
11. Lease to Locals Program Update
Action: Moved/Seconded: Wallace/Robbins
Yes: Bass, Wallace, Creegan, Middlebrook
No: Robbins
Action: Passed Motion 2024-121 renewing Placemate’s contract for 12 months and amending the Lease to Locals Program Guidelines to allow 6-month leases through the end of 2025.
Public Comment was heard from the following people:
1. Jill Teakell
2. Ed Mosur
3. Bob Poet
4. Chase Janvrin, Placemate *written comment received
5. Nick Speal, Locals for Affordable Housing
6. Erick Asbury
Written Public Comment was received from the following people:
1. Jacques Rousseau
12. Establishing Residential Parking Permit (RPP) Zones in the Lakeside Residential Area Action: Moved/Seconded: Middlebrook/Wallace
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Resolution 2024-133 Establishing Seasonal No Parking Restrictions on certain streets in the Lakeside Residential Neighborhood, accepting $7,500 in funds from Lakeside Park Association, appropriating $17,500 from General Fund Undesignated Excess Reserves for implementation of the Residential Parking Permit Program, and amending the Master Fee Schedule to add a Parking Citation fine of $300 for the no parking areas listed in this Resolution, with the following edits to the Resolution: 1) a correction to the “Easterly” and “Westerly” designations in Item #1 A-D; and 2) amending Item #5 to include towing in addition to the fine amounts. Passed Motion 2024-122 authorizing and directing the Mayor to execute a Cost sharing Agreement with Lakeside Park Association (C-292-2024).
Public Comment was heard from the following people:
1. Ed Mosur
36 13. Ordinance to amend South Lake Tahoe City Code to Lower Speed Limits on Sections of Pioneer Trail, Ski Run Boulevard, and Lake Tahoe Boulevard (First Reading) Note: Councilmember Robbins recused himself from participating in this item due to real property interest, and left the meeting.
Action: Moved/Seconded: Wallace/Middlebrook
Yes: Bass, Wallace, Creegan, Middlebrook
Recused (absent): Robbins
Action: Passed Motion 2024-123 to hold a first reading (by the title only) of an Ordinance amending South Lake Tahoe City Code Chapters 4.25.150 through 4.25.180- Speed Restrictions on Certain Streets and refer the second reading and adoption to the December 10, 2024, meeting; and directed staff to bring back a speed reduction plan for Sierra Boulevard.
Public Comment was heard from the following people:
1. Nick Speal, Lake Tahoe Bicycle Coalition
2. Judi Allen
At this time, Councilmember Robbins returned to the meeting.
14. Ratification of Grant Application to California Office of Traffic Safety and Funding Acceptance
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Action: Passed Resolution 2024-134 ratifying the application, authorizing and directing the Mayor to execute agreement (C-294-2024), budget, and reimbursement of grant award by California Office of Traffic Safety in amount up to $45,000.00 to facilitate extra enforcement for traffic-related issues for Federal fiscal year 2024/2025, effective October 1, 2024, and ending September 30, 2025.
Agenda Planning Calendar
18. Agenda Planning Calendar
Action: Received and filed.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Attorney Stroud
1. Measure T trial is scheduled for November 27, 2024.
City Manager Irvin
1. Upcoming Turkey Trot
2. Upcoming gingerbread house competition at the Festival of Winter Lights
3. Upcoming Mid Town Area Plan Open House
4. City Offices closed for Thanksgiving
Councilmember Reports and Comments
Councilmember Creegan
1. Upcoming Clean Tahoe meeting
Mayor Pro Tem Wallace
1. Thank you to Councilmember Creegan for her service on the City Council
2. Thank you to Councilmember Middlebrook for volunteering on Council
3. Request for review of Shared Mobility Ordinance (Creegan seconded) 37 Mayor Bass
1. Request for future agenda item regarding snow removal conversation with Heavenly Mountain Resort (Wallace seconded)
Ajourment
Mayor Bass ajourned the Meeting at 9:25 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.
38 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:4
Agenda Item: Fiscal Year 2023-24 Quarterly Financial Status Report - Quarter Ending September 2024 Executive Summary: In accordance with the City's Financial Policies, the Finance Department submits reports to City Council on a periodic basis to provide assurance of budget compliance and for informational and comparative purposes. Attachment 2, “FY 2023/24 Quarterly Budget and Financial Status Report for Period Ending September 30, 2024†summarizes operating revenues and operating expenditures (unaudited figures) for the General Fund and Measure S Sales Tax Fund for the year-todate providing an analysis of any significant budget variances.
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member: Andrew Black, Financial Services Supervisor Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - FY 2023-24 Quarterly Budget.docx
02-FY 2023-24 Qtrly Budget Report Sept 2024 rev.pdf
391
Council Agenda Report- December 10, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Fiscal Year 2023/24 Quarter End Financial Status Report as of September 2024 Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance, (530) 542-7431; Andrew Black, Financial Services Supervisor, (530) 542-6016
Background: The Finance Department submits quarterly reports to City Council to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Attachment 2, “FY 2023/24 Quarterly Budget and Financial Status Report for Period Ending September 30, 2024” covers the preliminary results of the entire fiscal year 2023-24 period. The report summarizes General Fund operating revenues and operating expenditures (unaudited figures) and provides an analysis of any significant budget variances.
Issue and Discussion: At the end of the fourth quarter with 100% of the year complete, actual revenues within the primary General Fund amounted to $62.1 million and were 103.7% of the amended budget, while expenditures ended the year at $61.8 million and were 93.5% of appropriations. All departmental expenditures were below the total allocated budget with the exception of expenditures in the Parks and Recreation department due to higher personnel cost as a result of increased programs within the department.
Through September 30th, the City received Measure S Sales Tax payments, accounted for in a separate general fund, totaling $7.9 million. Total transfers out to various projects and programs amounted to $9.1 million with the difference being made up through the use of revenue accumulated and unspent in prior year. See Attachment 2 for further analysis.
Financial Implications: At the end of the Fiscal Year 2023-24, total budgeted expenditures for the primary General Fund were projected to exceed revenues by $6.2 million. This deficit was supposed to be covered from the Undesignated Excess Reserves accumulated in prior years and based on preliminary unaudited results actual General Fund revenues exceeded expenditures by $0.3 million. This was due to positive performance in several revenue categories as well as expenditure savings. The Finance department will submit the final year-end results in the form of an Annual Comprehensive Financial Report (ACFR) including audited financial statements to the City Council in May of 2025.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in direct or indirect physical changes in the environment).
Policy Implications: Consistent with City’s Financial Policies. 402
2023-24 QUARTERLY FINANCIAL REPORT Page 1 of 3 4th QUARTER ENDING SEPTEMBER 30, 2024
CITY OF SOUTH LAKE TAHOE
2023-24 QUARTERLY FINANCIAL REPORT
4 TH QUARTER ENDING SEPTEMBER 30, 2024
This report summarizes the financial position for the City’s primary General Fund and Measure S Sales Tax general fund for Fiscal Year 2023-24 displaying expenditures at the department or program level and revenues by type. It compares actual revenues and expenditures received through September 2024 (preliminary unaudited figures) to the total budget.
Primary General Fund Financial Condition
As of September 30th, with 100% of the year complete, General Fund revenues are at 103.7% of projections and expenditures are at 93.5% of appropriations.
Revenues. The top three revenues, Property Tax, City Transient Occupancy Tax (TOT), and Sales Tax generated 53.1% of the total $62.1 million General
Fund revenues collected through
September 30th. Overall revenues
were $3.7 million higher than last
fiscal year 2022-23.
Property Tax and Motor Vehicle
License Fees (MVLF) continued an
upward trajectory and increased
from the previous fiscal year by
7.6% ($806K) and 8.1% ($224K)
respectively, driven by higher
home sale prices and rising
property value assessments within
South Lake Tahoe.
Transient Occupancy Tax (TOT)
receipts, including TOT from the
Project area, showed a slight
overall decrease of less than 1%
from previous year. City TOT
declined $449K compared to FY
2022-23, while the Project Area
TOT grew $420K. Sales Tax and Measure Q revenue combined decreased $184K or 1.6% when compared to the last fiscal year 2022-23.
Increases in various other revenue categories and sources have contributed to the overall revenue growth of $3.7 million in comparison to the previous year. These increases include Interest Income ($897K), Business License Tax ($118K), Franchise Fees ($312K), Planning Fees ($199K), Parking/Code Citation Fines ($138K), Fire overtime reimbursements ($313K), Parks and Recreation fees ($234K), and transfers from Measure S Sales Tax to fund several safety positions ($179K).
In comparison to the current year’s budget, major revenue deviations included the Fire department’s variance of $895K below projections primarily due to the multi-year Southern Nevada Public Land Management Act (SNPLMA) grant approved in February 2023 to support Hazardous Fuel Reduction projects expanding over multiple years, as well as City’s TOT and Bradley Burns Sales tax which came in $353K and $162K below budgeted amounts. These budget Revenues by Type Total Budget
as of Sept 30
Actuals through
Sept 30
As % of
Budget
Property Tax 10,850,000$ 11,448,703$ 105.5%
Transient Occupancy Tax - City 10,822,562 10,469,740 96.7% Transient Occupancy Tax - Project Area 7,600,000 7,685,001 101.1% Sales Tax 7,264,000 7,101,512 97.8%
Measure Q 3,800,000 3,972,886 104.5%
Motor Vehicle License Fees (MVLF) 2,772,000 2,969,117 107.1% Franchise Fees 1,900,000 2,116,998 111.4%
Business License Tax 1,935,000 2,266,963 117.2%
Finance - Other Revenues 2,260,355 3,552,422 157.2%
General Government 242,563 139,061 57.3%
Police 2,794,318 3,252,661 116.4%
Fire 3,184,468 2,289,154 71.9%
Public Works 639,300 877,125 137.2%
Development Services 2,507,382 2,648,472 105.6%
Parks and Recreation 1,060,829 1,008,123 95.0%
Transfers In 104,200 120,441 115.6%
Miscellaneous General Fund 130,000 171,347 131.8%
REVENUES TOTAL 59,866,977$ 62,089,726$ 103.7%
413
2023-24 QUARTERLY FINANCIAL REPORT Page 2 of 3 4th QUARTER ENDING SEPTEMBER 30, 2024 shortfalls were offset by several revenue categories that outperformed budget projections, including Interest Income reported as part of Finance-Other Revenues ($1.2m), Property Tax ($599K), Police revenue ($458K), Business License Fees ($332K), Public Works revenue ($238K), Franchise Fees ($217K), MVLF ($197K), Measure Q ($173K) and others, all of which have contributed to the $2.2 million revenue surplus compared to the total budget (preliminary and unaudited results).
Expenditures. Out of the actual expenditures totaling $61.8 million through September 30th, approximately $38.4 million or 62.1% was allocated to personnel expenses, covering 26 payroll periods or 100% of periods for the year. Out of the remaining 37.9% or
approximately $23.4 million of
actual expenditures, $11.4 million
is attributed to transfers-out, $3.5
million to professional, technical,
and other contract services, $4.2
million to miscellaneous general
expense including taxes and fees,
travel and training,
communications etc., $1.7 million
to purchases of tools, parts,
software, machinery and
equipment, and the remaining $2.6 million to utilities, general supplies, and other miscellaneous expense.
Total expenditures at year-end were below budget by $4.3 million (preliminary unaudited figure). Out of this variance, $1.0 million is attributed to the purchase of land at 3900 and 3908 Lake Tahoe Blvd for the development of an affordable housing project. The land was purchased in March 2024 as part of the sale agreement with Novin Development and was reclassified as an asset under “Land Held for Resale” rather than an expense, based on the accounting rules. Of the remaining $3.3 million, $1.2 million was carried over into the new fiscal year to pay for obligations that were budgeted and not fully received or could not be completed in fiscal year 2023-24. The final amount of $2.1 million in budget savings is attributed to $850K in remaining budget for the multi-year hazardous fuel reduction project (similar to the corresponding grant revenue described above), $259K in Litigation-Settlement savings, $186K in multi-year risk management program-related reimbursements, $180K in savings from Animal Control services, and other savings across various departments and categories.
Overall expenditures exceeded last fiscal year 2022-23 actuals by 14.0% or $7.6 million. Of this amount, $1.1 million is attributed to increases in Unfunded Accrued Liability (UAL) payments for all City CalPERS retirement plans and approximately $4.0 million is due to increases in other personnel costs including several new positions added in fiscal 2023-24, higher vacancies last fiscal year, and implementation of new compensation and benefit packages for all bargaining groups effective October 1st, 2023. Transfers out to other funds increased by $2.7 million compared to last fiscal year, primarily due to a $3.1 million increase in transfer out to the Capital Improvement Program. (continued on next page)
Expenditures by Department Total Budget
as of Sept 30
Actuals through
Sept 30
As % of
Budget
General Government 5,961,893$ 5,157,477$ 86.5%
Finance 3,194,034 3,020,976 94.6%
Miscellaneous General Fund 18,335,539 16,690,186 91.0%
Police 15,209,613 14,512,774 95.4%
Fire 11,488,217 11,052,076 96.2%
Public Works 5,386,706 5,020,919 93.2%
Development Services 2,216,447 1,963,654 88.6%
Parks and Recreation 4,280,340 4,355,246 101.8%
EXPENDITURES TOTAL 66,072,789$ 61,773,308$ 93.5%
424
2023-24 QUARTERLY FINANCIAL REPORT Page 3 of 3 4th QUARTER ENDING SEPTEMBER 30, 2024 Measure S Sales Tax General Fund
Measure S, a 1% city-wide sales and use tax,
went into effect on April 1, 2021. In the FY
2023-24 total budget, this revenue was
projected to generate approximately $7.6
million.
Revenues. The City received Measure S Sales
Tax totaling approximately $7.9 million for
Fiscal Year 2023-24.
Expenditures. During the adoption of the FY
2023-24 budget, City Council allocated
approximately $6.3 million of the projected
annual revenue to various Capital
Improvement Projects, Safety personnel
funding, Debt Service payments, and other
programs such as Fuels Reduction and
Stormwater. Throughout the fiscal year,
additional appropriations of Measure S
revenue were made for high priority projects
such as Fire Station III Interim Upgrades,
additional funding for Road Rehabilitation,
funding for Sidewalk Snow Removal, and
appropriations for streets and snow removal equipment including two graders, a brine tank, and a street sweeper. As a result of these additional appropriations, budgeted expenditures for Measure S Sales Tax totaled $9.2 million. As of September 30th, a total of $9.1 million has been transferred out for the Measure S designated projects and programs described above.
Measure S Sales Tax Total Budget as
of Sept 30
Actuals through
Sept 30
As % of
Budget
REVENUES
Measure S Sales Tax 7,600,000$ 7,942,774$ 104.5%
Interest/Dividends Revenue - 46,023 100.0%
Transfer In 9,506 9,506 100.0%
REVENUES TOTAL 7,609,506$ 7,998,303$ 105.1%
EXPENDITURES and FINANCING USES
Technical Services 10,000 6,413 64.1%
Transfer out to/for:
Debt Service - Communication System 554,643 554,643 100.0% Debt Service - Snow Removal Equip 602,721 602,721 100.0% Fire Marshall position (50%) 120,107 120,107 100.0%
Fire Station III Set-Aside 500,000 500,000 100.0%
Fire Station III Interim Upgrades 300,000 300,000 100.0% Pioneer Trail Ph. 2 300,000 300,000 100.0%
Police Lieutenant position 320,000 309,124 96.6%
Road Reconstruction 3,080,000 3,080,000 100.0%
Seven (7) Firefighters 1,326,619 1,326,619 100.0%
Sidewalk Snow Removal 126,000 126,000 100.0%
Snow Removal Equipment 1,197,000 1,197,000 100.0%
South Shore Fuels Reduction Program 127,000 37,844 29.8% Storm Water Program 136,054 136,054 100.0%
Vehicle Replacement 481,379 481,379 100.0%
EXPENDITURES TOTAL 9,181,523$ 9,077,904$ 98.9%
435
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:4
Agenda Item: Fiscal Year 2023-24 Quarterly Financial Status Report - Quarter Ending September 2024 Executive Summary: In accordance with the City's Financial Policies, the Finance Department submits reports to City Council on a periodic basis to provide assurance of budget compliance and for informational and comparative purposes. Attachment 2, “FY 2023/24 Quarterly Budget and Financial Status Report for Period Ending September 30, 2024†summarizes operating revenues and operating expenditures (unaudited figures) for the General Fund and Measure S Sales Tax Fund for the year-todate providing an analysis of any significant budget variances.
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member: Andrew Black, Financial Services Supervisor Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - FY 2023-24 Quarterly Budget.docx
02-FY 2023-24 Qtrly Budget Report Sept 2024 rev.pdf
44 Council Agenda Report- December 10, 2024 Page 1 of 1 City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Fiscal Year 2023/24 Quarter End Financial Status Report as of September 2024 Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance, (530) 542-7431; Andrew Black, Financial Services Supervisor, (530) 542-6016
Background: The Finance Department submits quarterly reports to City Council to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Attachment 2, “FY 2023/24 Quarterly Budget and Financial Status Report for Period Ending September 30, 2024” covers the preliminary results of the entire fiscal year 2023-24 period. The report summarizes General Fund operating revenues and operating expenditures (unaudited figures) and provides an analysis of any significant budget variances.
Issue and Discussion: At the end of the fourth quarter with 100% of the year complete, actual revenues within the primary General Fund amounted to $62.1 million and were 103.7% of the amended budget, while expenditures ended the year at $61.8 million and were 93.5% of appropriations. All departmental expenditures were below the total allocated budget with the exception of expenditures in the Parks and Recreation department due to higher personnel cost as a result of increased programs within the department.
Through September 30th, the City received Measure S Sales Tax payments, accounted for in a separate general fund, totaling $7.9 million. Total transfers out to various projects and programs amounted to $9.1 million with the difference being made up through the use of revenue accumulated and unspent in prior year. See Attachment 2 for further analysis.
Financial Implications: At the end of the Fiscal Year 2023-24, total budgeted expenditures for the primary General Fund were projected to exceed revenues by $6.2 million. This deficit was supposed to be covered from the Undesignated Excess Reserves accumulated in prior years and based on preliminary unaudited results actual General Fund revenues exceeded expenditures by $0.3 million. This was due to positive performance in several revenue categories as well as expenditure savings. The Finance department will submit the final year-end results in the form of an Annual Comprehensive Financial Report (ACFR) including audited financial statements to the City Council in May of 2025.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in direct or indirect physical changes in the environment).
Policy Implications: Consistent with City’s Financial Policies. 45 2023-24 QUARTERLY FINANCIAL REPORT Page 1 of 3 4th QUARTER ENDING SEPTEMBER 30, 2024
CITY OF SOUTH LAKE TAHOE
2023-24 QUARTERLY FINANCIAL REPORT
4 TH QUARTER ENDING SEPTEMBER 30, 2024
This report summarizes the financial position for the City’s primary General Fund and Measure S Sales Tax general fund for Fiscal Year 2023-24 displaying expenditures at the department or program level and revenues by type. It compares actual revenues and expenditures received through September 2024 (preliminary unaudited figures) to the total budget.
Primary General Fund Financial Condition
As of September 30th, with 100% of the year complete, General Fund revenues are at 103.7% of projections and expenditures are at 93.5% of appropriations.
Revenues. The top three revenues, Property Tax, City Transient Occupancy Tax (TOT), and Sales Tax generated 53.1% of the total $62.1 million General
Fund revenues collected through
September 30th. Overall revenues
were $3.7 million higher than last
fiscal year 2022-23.
Property Tax and Motor Vehicle
License Fees (MVLF) continued an
upward trajectory and increased
from the previous fiscal year by
7.6% ($806K) and 8.1% ($224K)
respectively, driven by higher
home sale prices and rising
property value assessments within
South Lake Tahoe.
Transient Occupancy Tax (TOT)
receipts, including TOT from the
Project area, showed a slight
overall decrease of less than 1%
from previous year. City TOT
declined $449K compared to FY
2022-23, while the Project Area
TOT grew $420K. Sales Tax and Measure Q revenue combined decreased $184K or 1.6% when compared to the last fiscal year 2022-23.
Increases in various other revenue categories and sources have contributed to the overall revenue growth of $3.7 million in comparison to the previous year. These increases include Interest Income ($897K), Business License Tax ($118K), Franchise Fees ($312K), Planning Fees ($199K), Parking/Code Citation Fines ($138K), Fire overtime reimbursements ($313K), Parks and Recreation fees ($234K), and transfers from Measure S Sales Tax to fund several safety positions ($179K).
In comparison to the current year’s budget, major revenue deviations included the Fire department’s variance of $895K below projections primarily due to the multi-year Southern Nevada Public Land Management Act (SNPLMA) grant approved in February 2023 to support Hazardous Fuel Reduction projects expanding over multiple years, as well as City’s TOT and Bradley Burns Sales tax which came in $353K and $162K below budgeted amounts. These budget Revenues by Type Total Budget
as of Sept 30
Actuals through
Sept 30
As % of
Budget
Property Tax 10,850,000$ 11,448,703$ 105.5%
Transient Occupancy Tax - City 10,822,562 10,469,740 96.7% Transient Occupancy Tax - Project Area 7,600,000 7,685,001 101.1% Sales Tax 7,264,000 7,101,512 97.8%
Measure Q 3,800,000 3,972,886 104.5%
Motor Vehicle License Fees (MVLF) 2,772,000 2,969,117 107.1% Franchise Fees 1,900,000 2,116,998 111.4%
Business License Tax 1,935,000 2,266,963 117.2%
Finance - Other Revenues 2,260,355 3,552,422 157.2%
General Government 242,563 139,061 57.3%
Police 2,794,318 3,252,661 116.4%
Fire 3,184,468 2,289,154 71.9%
Public Works 639,300 877,125 137.2%
Development Services 2,507,382 2,648,472 105.6%
Parks and Recreation 1,060,829 1,008,123 95.0%
Transfers In 104,200 120,441 115.6%
Miscellaneous General Fund 130,000 171,347 131.8%
REVENUES TOTAL 59,866,977$ 62,089,726$ 103.7%
46 2023-24 QUARTERLY FINANCIAL REPORT Page 2 of 3 4th QUARTER ENDING SEPTEMBER 30, 2024 shortfalls were offset by several revenue categories that outperformed budget projections, including Interest Income reported as part of Finance-Other Revenues ($1.2m), Property Tax ($599K), Police revenue ($458K), Business License Fees ($332K), Public Works revenue ($238K), Franchise Fees ($217K), MVLF ($197K), Measure Q ($173K) and others, all of which have contributed to the $2.2 million revenue surplus compared to the total budget (preliminary and unaudited results).
Expenditures. Out of the actual expenditures totaling $61.8 million through September 30th, approximately $38.4 million or 62.1% was allocated to personnel expenses, covering 26 payroll periods or 100% of periods for the year. Out of the remaining 37.9% or
approximately $23.4 million of
actual expenditures, $11.4 million
is attributed to transfers-out, $3.5
million to professional, technical,
and other contract services, $4.2
million to miscellaneous general
expense including taxes and fees,
travel and training,
communications etc., $1.7 million
to purchases of tools, parts,
software, machinery and
equipment, and the remaining $2.6 million to utilities, general supplies, and other miscellaneous expense.
Total expenditures at year-end were below budget by $4.3 million (preliminary unaudited figure). Out of this variance, $1.0 million is attributed to the purchase of land at 3900 and 3908 Lake Tahoe Blvd for the development of an affordable housing project. The land was purchased in March 2024 as part of the sale agreement with Novin Development and was reclassified as an asset under “Land Held for Resale” rather than an expense, based on the accounting rules. Of the remaining $3.3 million, $1.2 million was carried over into the new fiscal year to pay for obligations that were budgeted and not fully received or could not be completed in fiscal year 2023-24. The final amount of $2.1 million in budget savings is attributed to $850K in remaining budget for the multi-year hazardous fuel reduction project (similar to the corresponding grant revenue described above), $259K in Litigation-Settlement savings, $186K in multi-year risk management program-related reimbursements, $180K in savings from Animal Control services, and other savings across various departments and categories.
Overall expenditures exceeded last fiscal year 2022-23 actuals by 14.0% or $7.6 million. Of this amount, $1.1 million is attributed to increases in Unfunded Accrued Liability (UAL) payments for all City CalPERS retirement plans and approximately $4.0 million is due to increases in other personnel costs including several new positions added in fiscal 2023-24, higher vacancies last fiscal year, and implementation of new compensation and benefit packages for all bargaining groups effective October 1st, 2023. Transfers out to other funds increased by $2.7 million compared to last fiscal year, primarily due to a $3.1 million increase in transfer out to the Capital Improvement Program. (continued on next page)
Expenditures by Department Total Budget
as of Sept 30
Actuals through
Sept 30
As % of
Budget
General Government 5,961,893$ 5,157,477$ 86.5%
Finance 3,194,034 3,020,976 94.6%
Miscellaneous General Fund 18,335,539 16,690,186 91.0%
Police 15,209,613 14,512,774 95.4%
Fire 11,488,217 11,052,076 96.2%
Public Works 5,386,706 5,020,919 93.2%
Development Services 2,216,447 1,963,654 88.6%
Parks and Recreation 4,280,340 4,355,246 101.8%
EXPENDITURES TOTAL 66,072,789$ 61,773,308$ 93.5%
47 2023-24 QUARTERLY FINANCIAL REPORT Page 3 of 3 4th QUARTER ENDING SEPTEMBER 30, 2024 Measure S Sales Tax General Fund
Measure S, a 1% city-wide sales and use tax,
went into effect on April 1, 2021. In the FY
2023-24 total budget, this revenue was
projected to generate approximately $7.6
million.
Revenues. The City received Measure S Sales
Tax totaling approximately $7.9 million for
Fiscal Year 2023-24.
Expenditures. During the adoption of the FY
2023-24 budget, City Council allocated
approximately $6.3 million of the projected
annual revenue to various Capital
Improvement Projects, Safety personnel
funding, Debt Service payments, and other
programs such as Fuels Reduction and
Stormwater. Throughout the fiscal year,
additional appropriations of Measure S
revenue were made for high priority projects
such as Fire Station III Interim Upgrades,
additional funding for Road Rehabilitation,
funding for Sidewalk Snow Removal, and
appropriations for streets and snow removal equipment including two graders, a brine tank, and a street sweeper. As a result of these additional appropriations, budgeted expenditures for Measure S Sales Tax totaled $9.2 million. As of September 30th, a total of $9.1 million has been transferred out for the Measure S designated projects and programs described above.
Measure S Sales Tax Total Budget as
of Sept 30
Actuals through
Sept 30
As % of
Budget
REVENUES
Measure S Sales Tax 7,600,000$ 7,942,774$ 104.5%
Interest/Dividends Revenue - 46,023 100.0%
Transfer In 9,506 9,506 100.0%
REVENUES TOTAL 7,609,506$ 7,998,303$ 105.1%
EXPENDITURES and FINANCING USES
Technical Services 10,000 6,413 64.1%
Transfer out to/for:
Debt Service - Communication System 554,643 554,643 100.0% Debt Service - Snow Removal Equip 602,721 602,721 100.0% Fire Marshall position (50%) 120,107 120,107 100.0%
Fire Station III Set-Aside 500,000 500,000 100.0%
Fire Station III Interim Upgrades 300,000 300,000 100.0% Pioneer Trail Ph. 2 300,000 300,000 100.0%
Police Lieutenant position 320,000 309,124 96.6%
Road Reconstruction 3,080,000 3,080,000 100.0%
Seven (7) Firefighters 1,326,619 1,326,619 100.0%
Sidewalk Snow Removal 126,000 126,000 100.0%
Snow Removal Equipment 1,197,000 1,197,000 100.0%
South Shore Fuels Reduction Program 127,000 37,844 29.8% Storm Water Program 136,054 136,054 100.0%
Vehicle Replacement 481,379 481,379 100.0%
EXPENDITURES TOTAL 9,181,523$ 9,077,904$ 98.9%
48 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:5
Agenda Item: Investment Portfolio Report - September 30, 2024 Executive Summary: In accordance with the City of South Lake Tahoe Financial Policies and State law, a quarterly investment report is hereby submitted to the members of the City Council. As of September 30, 2024, the City's total cash and investment balances across all funds is $156.4 million.
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff Report Investment Report Sept 2024.docx
02-Operations Cash 09 30 2024.pdf
03-Fiscal Agent 09 30 2024.pdf
04-Graph 09 30 2024.pdf
05-Cash September 2024.pdf
49 Council Agenda Report December 10, 2024 Page | 1 of 1 City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Investment Portfolio Report as of September 30, 2024 Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Background: In accordance with the City of South Lake Tahoe Financial Policies and State law a quarterly investment report shall be submitted to the members of the City Council.
Issue and Discussion: The attached report for the period ending September 30, 2024, describes the type of investments, the issuers, the maturity dates, the par value and the market value. Total cash for operations and cash held by fiscal agents is $156,389,306.
Cash available for operations is $96,733,334. This includes Cash in Bank of $9,443,226 with the remaining amount in various investments diversified in accordance with the City’s adopted Investment Policy. The total portfolio yield is 4.80%. Based on this report the City of South Lake Tahoe will be able to meet projected operating expenditures for the next six months.
Cash held by fiscal agents for debt service is $59,655,972. These investments comprise the reserves and other accounts held in trust for debt service, lease financing, and capital projects financed with debt.
Fund Type Total Cash Balance Operations Balance Fiscal Agent Balance Trust and Agency $13,734,196 $3,219,079 $10,515,117
Special Revenue $30,773,285 $30,773,285 -
General Fund $28,015,702 $28,015,702 -
Internal Service $9,665,790 $9,665,790 -
Debt Service $49,598,385 $474,815 $49,123,570
Enterprise $4,117,238 $4,099,953 $17,285
CIP $20,484,710 $20,484,710 -
Grand Total $156,389,306 $96,733,334 $59,655,972
The attached documents include investment terms that are defined below:
Current yield – The investments annual income (interest or dividends) divided by the current price of the security.
Weighted par – Weighting the price of each bond by the total price of the entire portfolio. Weighted yield – The current yield multiplied by the weighted par, provides the yield of the bonds in the portfolio.
Financial Implications: None.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: Consistent with City’s Financial Policies. 50 CITY OF SOUTH LAKE TAHOE
OPERATIONS CASH INVESTMENT PORTFOLIO REPORT
AS OF SEPTEMBER 30, 2024
INVESTMENT TYPE ISSUER PAR VALUE
Local Agency Investment Fund State Treasurer 33,033,358$ 33,101,443$ 4.575% 34.1% 1.56% N/AFederal Home Loan Bank Government Agency 1,000,000$ 954,509$ 1.000% 1.03% 0.01% 5/27/2026Federal Farm Credit Banks Government Agency 1,000,000 $ 952,741$ 1.500% 1.03% 0.02% 12/14/2026Federal Home Loan Banks Government Agency 1,000,000$ 985,640$ 3.000% 1.03% 0.03% 3/29/2027Federal Farm Credit Banks Government Agency 1,000,000 $ 985,158$ 3.110% 1.03% 0.03% 4/13/2026Federal Farm Credit Banks Government Agency 2,000,000 $ 2,013,803$ 5.520% 2.07% 0.11% 5/29/2029 Fed. National Mtg Association Government Agency 2,000,000$ 2,001,470$ 5.300% 2.07% 0.11% 6/30/2027 Federal Home Loan Banks Government Agency 1,000,000$ 1,001,145$ 4.250% 1.03% 0.04% 6/20/2025 Federal Home Loan Banks Government Agency 1,000,000$ 996,621$ 4.100% 1.03% 0.04% 6/30/2027Federal Home Loan Banks Government Agency 2,000,000$ 2,001,469$ 5.000% 2.07% 0.10% 9/11/2029 Fed. Home Ln Mtg Corp Government Agency 1,000,000$ 1,000,785$ 5.050% 1.03% 0.05% 12/19/2024Fed. Home Ln Mtg Corp Government Agency 1,000,000$ 998,775$ 5.300% 1.03% 0.05% 11/28/2025 Federal Home Loan Banks Government Agency 2,500,000$ 2,501,928$ 5.140% 2.58% 0.13% 12/18/2025Federal Home Loan Banks Government Agency 2,000,000$ 2,011,061$ 5.200% 2.07% 0.11% 7/30/2029 Fed. Home Ln Mtg Corp Government Agency 2,000,000$ 2,014,641$ 5.000% 2.07% 0.10% 7/24/2029 Federal Farm Credit Banks Government Agency 2,000,000 $ 2,003,346$ 5.340% 2.07% 0.11% 11/6/2028 Federal Home Loan Banks Government Agency 2,000,000$ 2,001,834$ 5.200% 2.07% 0.11% 8/13/2029 Federal Home Loan Banks Government Agency 1,000,000$ 1,008,873$ 4.550% 1.03% 0.05% 1/16/2029 Fed. National Mtg Association Government Agency 2,000,000$ 2,002,286$ 5.170% 2.07% 0.11% 1/29/2029 Fed. National Mtg Association Government Agency 2,000,000$ 2,013,326$ 5.625% 2.07% 0.12% 4/16/2029Federal Home Loan Bank Government Agency 3,000,000$ 3,000,540$ 5.060% 3.10% 0.16% 2/13/2026Federal Home Loan Banks Government Agency 3,000,000$ 3,027,912$ 5.000% 3.10% 0.16% 2/20/2029 Federal Home Loan Banks Government Agency 5,000,000$ 5,004,096$ 5.220% 5.17% 0.27% 12/11/2026
WEIGHTED
PAR
WEIGHTED
MARKET VALUE CURRENT YIELD YIELD MATURITY DATE
1 of 2
51 CITY OF SOUTH LAKE TAHOE
OPERATIONS CASH INVESTMENT PORTFOLIO REPORT
AS OF SEPTEMBER 30, 2024
Federal Home Loan Banks Government Agency 2,500,000$ 2,514,274$ 5.700% 2.58% 0.15% 5/1/2029Fed. National Mtg Association Government Agency 4,000,000$ 3,998,314$ 5.030% 4.14% 0.21% 12/18/2026 Federal Home Loan Banks Government Agency 4,000,000$ 3,992,287$ 5.000% 4.14% 0.21% 9/11/2029 Fed. National Mtg Association Government Agency 1,000,000$ 1,003,509$ 5.300% 1.03% 0.05% 3/5/2027 Certificate of Deposit Morgan Stanley Private Bk Natl 250,000$ 253,562$ 5.200% 0.26% 0.01% 12/5/2025Certificate of Deposit Morgan Stanley Bk N A 250,000$ 253,562$ 5.200% 0.26% 0.01% 12/5/2025Certificate of Deposit Capital One NA 250,000$ 247,862$ 3.100% 0.26% 0.01% 6/2/2025Certificate of Deposit Capital One Bank (USA) NA 250,000$ 247,107$ 3.150% 0.26% 0.01% 6/2/2026Certificate of Deposit State Bank of India 250,000$ 246,765$ 3.300% 0.26% 0.01% 6/1/2027Bank of America Corp Corporate Note 1,000,000$ 990,441$ 5.650% 1.03% 0.06% 3/8/2029Cash in Bank General & Sweep 9,443,226$ 9,443,226$ 0% - 5.026% 9.76% 0.49% N/APetty Cash 6,750$ 6,750$ N/A 0.01% 0.00% N/A TOTAL 96,733,334$ 96,781,062$ 4.80% (Total Portfolio Yield) The Investment porfolio at September 30, 2024 is in compliance with the Investment Policy of the City of South Lake Tahoe. The City of South Lake Tahoe will be able to meet its projected expenditure requirements for the next six months. Valuation is based upon the State Treasurer's Office LAIF quarterly apportionment rates and US Bank Safekeeping. 2 of 2
52 CITY OF SOUTH LAKE TAHOE INVESTMENT REPORT
CASH AND INVESTMENTS HELD WITH FISCAL AGENTS
AS OF SEPTEMBER 30, 2024
BOND ISSUE CURRENT MATURITY
ACCOUNT INVESTMENT TYPE ISSUER COST VALUE MARKET VALUE YIELD DATE So Tahoe JPFA Lease Rev Bonds 2023 A Project Fund Dreyfus Gov Sec CM Inst 227 / U.S. Treasury Bill Dreyfus 44,850,379 45,346,295 5.06% N/A to 2/13/2025 Principal Dreyfud Gov Sec MC Inst 227 Dreyfus 765,000 765,000 4.81% N/A Lease Revenue Fund Dreyfus Gov Sec CM Inst 227 Dreyfus 394 394 4.81% N/A Interest Dreyfud Gov Sec MC Inst 227 Dreyfus 1,314,900 1,314,900 4.81% N/A Cost of Issuance Account Dreyfus Gov Sec CM Inst 227 Dreyfus 30 30 4.81% N/A So Tahoe JPFA Ref Lease Rev Bonds 2016 A Lease Revenue Fund Blackrock Treasury Trust Bank of New York Mellon 51 51 4.86% N/A Interest Blackrock Treasury Trust Bank of New York Mellon 49,773 49,773 4.87% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 1,260,549 1,260,549 4.87% N/A Reserve Assured Guaranty Municipal Bank of New York Mellon - 2 0.00% N/A So Tahoe JPFA Parking Rev Bonds 2013 Debt Service Account Blackrock Treasury Trust Bank of New York Mellon 17,285 17,285 0.00% N/ASo Tahoe JPFA Ref Rev Bonds 2014 A, 2015 A, 2017 A Revenue Fund Blackrock Treasury Trust Bank of New York Mellon 482 483 4.86% N/A Interest Blackrock Treasury Trust Bank of New York Mellon 1,109,574 1,109,574 4.87% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 2,957,466 2,957,466 4.87% N/A Surplus Blackrock Treasury Trust Bank of New York Mellon 164 164 4.88% N/A So Tahoe JPFA (RPA 1) Reserve Blackrock Treasury Trust Bank of New York Mellon 5,386,918 5,386,918 4.87% N/ASuccessor Agency to the So Tahoe RDA, CFD 2001-1, Refdg Series 2015 Special Tax Blackrock Treasury Trust Bank of New York Mellon 904 904 4.87% N/A Interest Blackrock Treasury Trust Bank of New York Mellon 79,580 79,580 4.87% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 380,219 380,219 4.87% N/A Reserve Blackrock Treasury Trust Bank of New York Mellon 599,546 599,546 4.87% N/A Surplus Blackrock Treasury Trust Bank of New York Mellon 262 262 4.87% N/A City of South Lake Tahoe 2014 Pension Obligation Bonds Interest Blackrock Treasury Trust Bank of New York Mellon 3,490 3,490 4.87% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 2,108 2,108 4.87% N/ACity of So Lake Tahoe 2012 COPS, Road Improvmt. Lease Payment Fund First American Govt Obligation Fund/Money Mkt US Bank 15,240 15,240 4.36% N/A Reserve Account First American Govt Obligation Fund/Money Mkt US Bank 365,738 365,738 4.36% N/A TOTAL 59,160,053 59,655,972
Valuation is based upon the valuations contained in the monthly statements provided by the trust departments of the fiscal agents. 53 LAIF
38%
Medium Term
Certificate of Dep
1%
Government Agency
60%
Medium Term
Corporate Notes
1%
City of South Lake Tahoe
Operations Cash Investment Portfolio
Market Value as September 30, 2024
54 CITY OF SOUTH LAKE TAHOE
CASH REPORT
SEPTEMBER 30, 2024
FUND FUND NAME OPERATIONS CASH FISCAL AGENT TOTAL CASH TOTAL # BALANCE CASH BALANCE BALANCE OPERATIONS FISCAL AGENT CASH BALANCE 100 General Fund 28,450,944.57 $28,450,944.57
102 Measure S - Sales Tax (435,242.53) ($435,242.53) $28,015,702 $0 $28,015,702 201 Gas Tax 2105 277,872.45 $277,872.45
207 Snow Removal 147,331.19 $147,331.19
208 Snow Removal - Equipment Replac 1,606,572.06 $1,606,572.06 210 Vehicle Replacement 855,791.17 $855,791.17
211 Police Vehicle Replacement 454,157.49 $454,157.49
213 Fire Vehicle Replacement 326,417.36 $326,417.36
215 Disaster Relief/Prep (105,133.32) ($105,133.32)
216 Transit Center 75,450.70 $75,450.70
217 Arts Program 7,159.82 $7,159.82
218 VHR Program 339,309.88 $339,309.88
220 Parks and Recreation 14,073,197.82 $14,073,197.82
221 Ice Arena (42,861.33) ($42,861.33)
222 Fire Safety Sales Tax 607,228.74 $607,228.74
223 Cannabis Program 1,009,709.12 $1,009,709.12
224 PEG Programming 256,201.95 $256,201.95
229 DUI/Traffic Safety Grant (2,167.57) ($2,167.57)
230 Local Law Enforcement 1,994.32 $1,994.32
231 AB3229 COPS 224,053.54 $224,053.54
232 Safety Sales Tax 94,615.28 $94,615.28
233 Forfeiture - State Fund 40,190.35 $40,190.35
235 Forfeiture - Justice Fund 64,303.02 $64,303.02
236 EMS - JPA 177,199.15 $177,199.15
237 Boat Patrol - Grant (86,318.14) ($86,318.14)
238 Domestic Violence (DVRT) Grant 11,651.99 $11,651.99 240 Solid Waste AB939 19,394.64 $19,394.64
241 Clean Community 32,714.54 $32,714.54
242 Vehicle Abatement 218,150.75 $218,150.75
243 Nuisance Abatement 177,936.59 $177,936.59
244 Solid Waste JPA 1,053,744.19 $1,053,744.19
245 Storm Water Mgmt/Sweeping 186,113.52 $186,113.52
250 Hsng&ED - Work Force Housing 1,302,175.63 $1,302,175.63 251 Hsng & Ed - Home 1,273,848.66 $1,273,848.66
252 Hsng & Ed - CDBG 130,141.12 $130,141.12
253 Hsng & Ed - Administration 147,811.69 $147,811.69
255 CDBG Program Income Loans 154,228.00 $154,228.00
256 CDBG Economic Development (250,929.72) ($250,929.72) 258 Calhome Loan Repayments 138,219.88 $138,219.88
263 TOT Revenue Fund 1,888,699.56 $1,888,699.56
270 General Plan/Community Plan 673,854.16 $673,854.16
271 Building Permit Fees 1,660,581.96 $1,660,581.96
280 Ski Run Business Improvement 13,284.98 $13,284.98
281 Measure S Maintenance Fund 75,511.13 $75,511.13
284 Measure S City Maintenance 475,122.69 $475,122.69
285 Tourism Improvement District (TID) 341,110.89 $341,110.89 290 Settlement Proceeds Sfty Programs 647,643.30 $647,643.30 $30,773,285 $0 $30,773,285 301 City CIP 19,432,454.94 $19,432,454.94
303 City CIP - Reg.Surf.Transp.Progr 207,936.71 $207,936.71 306 Rehab Water Quality Projects 2,673.64 $2,673.64
310 Long term Capital Replacement 172,753.84 $172,753.84 311 Campground Capital Outlay 315,388.73 $315,388.73
320 Housing - CIP Projects 353,502.10 $353,502.10 $20,484,710 $0 $20,484,710 401 City Debt Service 474,814.97 49,123,570.07 $49,598,385.04 $474,815 $49,123,570 $49,598,385 501 Airport 1,746,030.28 $1,746,030.28
510 Parking Management Bellamy 266,147.14 $266,147.14
515 Parking Management Plan 15,263.63 $15,263.63
520 Parking Garage 1,486,034.71 17,285.32 $1,503,320.03 550 Transit - Stage 586,477.02 $586,477.02 $4,099,953 $17,285 $4,117,238 601 Self Insurance - Health, Vision, Den 560,994.38 $560,994.38 602 Self Insurance - Workers Comp 7,322,989.63 $7,322,989.63 604 Payroll 1,755,427.00 $1,755,427.00
605 Health Insurance Savings 26,379.23 $26,379.23 $9,665,790 $0 $9,665,790 701 Trust 917.00 $917.00
707 Park Avenue CFD Fund 933,824.22 1,060,511.05 $1,994,335.27 711 Bijou ECP CFD 168,832.35 $168,832.35
712 Harrison Avenue CFD 226,381.22 $226,381.22
725 RD Obligation Retirement Fund 1,881,136.05 9,454,606.00 $11,335,742.05 751 Special Assessment District 4,572.00 $4,572.00
762 Tahoe Transportation Authority 3,416.00 $3,416.00 $3,219,079 $10,515,117 $13,734,196 Total Cash and Investments $96,733,334.03 $59,655,972.44 $156,389,306.47 $96,733,334 $59,655,972 $156,389,306
SUBTOTAL BY CATEGORY
55 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:6
Agenda Item: Ordinance - Employee Housing Signage Ordinance (Second Reading) Executive Summary: At its January 9, 2024 meeting, staff provided an update to City Council on the California Employee Housing Act and the California Department of Housing and Community Development Department’s (HCD) oversight and enforcement. The City Council directed staff to report substandard housing complaints (related to employee housing) received via the Housing Hotline to HCD for investigation and enforcement. In addition, there was a motion to bring back an ordinance in that all employee housing post an informational poster on site informing the tenants to call the City's Housing Hotline for substandard housing complaints. On November 19, 2024, the City Council passed a motion to hold the first reading of an ordinance amending Title 6 of the City Code by amendments, additions, and deletions to the adopted codes in Title 6, 6.15.710, 6.15.730, and 6.30.080 and refer second reading and adoption to the December 10th City Council meeting.
Requested Action / Suggested Motions: Pass an Ordinance amending City Code Section 6.15.710,
6.15.730, and 6.30.080 to require lodging properties used for employee housing and all multifamily properties to post signage in a conspicuous location in English and Spanish with information for the Housing Hotline.
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-Employee Housing Signage 2nd Reading.docx 02-Ordinance-Employee Housing Signage.docx
03-Public Notice.pdf
56 City Council Report December 10, 2024 1 of 3
City of South Lake Tahoe
Report to Planning Commission
Meeting Date: December 10, 2024
Title: Employee Housing Signage Ordinance (Second Reading) Location: City-wide
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Background: South Lake Tahoe’s recreation and tourism-based industries rely heavily on a service oriented and seasonal workforce. Many of these employees earn low wages and may require rental housing, both year-long and seasonal.
A limited number of employers offer housing for their employees. Several larger employers provide housing for their workforce, often through a “master lease” system in which the employer leases a number of single-family units, multi-family units or hotel units for the sole use of housing employees. The “master lease” arrangement often creates a glass wall in which the resident has no direct contact with the property owner and often lacks the ability to seek immediate remedy in the event of a substandard living condition. There may also be fear of reporting a substandard condition to the employer out of fear of retribution with regards to their employment.
While the City has no direct regulatory oversight of employee housing operating under the “master lease” system, the existing Multifamily Dwelling (MFD) and Single Room Occupancy (SRO) programs require regular inspections of properties that may by be used as employee housing. Additionally, the Housing Hotline provides an option for tenants to report a complaint for substandard conditions. Compliance with the existing ordinances is the responsibility of the property owner.
City Council’s 2023 Strategic Planning Retreat was held on January 31, 2023. At this retreat, City Council provided direction and gained consensus for the Strategic Priorities, Action Items and the Strategic Priorities Workplan. Strategic Plan Action Item
1.3.9 directs staff to “Investigate the development of a regulatory framework for developing an “Employee Housing Bill of Rights Program,” which includes best practices where housing is tied to the employer and which supports seasonal workers.” At its September 26, 2023 meeting, the City Council was presented the potential framework for developing a potential Employee Housing Bill of Rights Ordinance. Upon receiving staff presentation, holding public comment and after conducting Council discussion, the City Council directed staff to draft an Employee Housing Bill of Rights Ordinance.
57 City Council Report December 10, 2024 2 of 3
At its January 9, 2024 meeting, staff provided an update on their research on the California Employee Housing Act and the California Department of Housing and Community Development Department’s (HCD) oversight and enforcement of the policy.
The City Council directed staff to report substandard housing complaints (related to employee housing) received via the Housing Hotline to HCD for investigation and enforcement. In addition, there was a motion to bring back an ordinance that all employee housing post an informational poster on site informing the tenants to call the Housing Hotline for substandard housing complaints.
Issue and Discussion: All employee housing under the California Employee Housing Act must post signage in English and Spanish that includes the 1) Employee Housing Act and 2) Employee Housing: Safe and Sanitary in English and Spanish that includes a number and mailing address to report unsafe conditions. These must be posted in a conspicuous central location.
On October 17, 2024, the draft ordinance was presented at a duly noticed Planning Commission meeting. On November 19, 2024, the City Council passed a Motion to hold the first reading of an ordinance amending Title 6 of the City Code by amendments, additions, and deletions to the adopted codes in Title 6, 6.15.710 and 6.30.080 and refer second reading and adoption to the December 10th City Council meeting.
Following staff’s presentation, public comment, and Council deliberation, the council, by a vote of 5-0 in favor, adopted the first reading (by title only).
Financial Implications: There are no costs associated with this item except the staff time that would be needed to verify the posted signage at employee housing sites.
Environmental Considerations: The recommendation in this report is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Policy Implications: This analysis and discussion is consistent with City Strategic Plan Action Item 1.3.9: Investigate the development of a regulatory framework for developing an “Employee Housing Bill of Rights Program,” which includes best practices where housing is tied to the employer and which supports seasonal workers.
The following adopted policies and programs are applicable to this discussion:
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.
58 City Council Report December 10, 2024 3 of 3
Policy 2-5. The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the City.
59 Ordinance 2024-XXX December 10, 2024 Page 1 of 5
Ordinance 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
December 10, 2024
An Ordinance amending City Code Sections 6.15.710, 6.15.730, and 6.30.080 to Require Lodging Properties Used for Employee Housing and All Multifamily Properties to Post Signage in a Conspicuous Location in English and Spanish With Information for the Housing Hotline.
FINDINGS
A. South Lake Tahoe’s recreation and tourism-based industries rely heavily on a service oriented and seasonal workforce. Many of these employees earn low wages and may require rental housing, both year-long and seasonal.
B. A limited number of employers offer housing for their employees. Several larger employers provide housing for their workforce, often through a “master lease” system in which the employer leases a number of single-family units, multi-family units or hotel units for the sole use of housing employees. The “master lease” arrangement often creates a glass wall in which the resident has no direct contact with the property owner and often lacks the ability to seek immediate remedy in the event of a substandard living condition. There may also be fear of reporting a substandard condition to the employer out of fear of retribution with regards to their employment.
C. While the City has no direct regulatory oversight of employee housing operating under the “master lease” system, the existing Multifamily Dwelling (MFD) and Single Room Occupancy (SRO) programs require regular inspections of properties that may by be used as employee housing. Additionally, the Housing Hotline provides an option for tenants to report a complaint for substandard conditions. Compliance with the existing ordinances is the responsibility of the property owner.
D. The City Council adopted the 2022-2027 Housing Element on June 21, 2022 which was then certified by the State Housing and Community Development Department (HCD) on August 30, 2022.
E. On January 9, 2024, City Council passed a motion made that staff present on outreach efforts to employers and employees about the Employee Housing Act and requirements, including calling the housing hotline. In addition, there was a motion to bring back an ordinance that all employee housing post an informational poster on site informing the tenants to call the housing hotline for substandard housing complaints.
60 Ordinance 2024-XXX December 10, 2024 Page 2 of 5
Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:
SECTION 1. Title 6, Chapter 6.15, Section 6.15.710 of the South Lake Tahoe City Code is amended to read in its entirety as follows:
6.15.710 SRO permits.
A. All lodging properties with SRO units shall obtain from the city of South Lake Tahoe development services department a South Lake Tahoe SRO permit (SRO permit). All lodging properties with a permit to operate as employee housing under the California Employee Housing Act, Health & Safety Code section 17000 et seq., as may be amended, shall obtain an SRO permit.
B. SRO permits shall be obtained prior to use of any room, rooms or units of lodging properties for SRO purposes.
C. Lodging properties with SRO units existing upon the effective date of the ordinance codified in this article shall have until 30 days after the effective date of the ordinance codified in this article to submit a completed SRO permit application. Lodging properties without existing SRO units upon the effective date of the ordinance codified in this article may apply for an SRO permit at any time, but no less than 30 days prior to letting SRO units.
D. Permit applications shall include the following properly completed forms and materials:
1. South Lake Tahoe SRO permit application which shall include a development design and maintenance plan.
2. Proof that lodging property is in compliance with its business and professions tax and TOT obligations.
E. SRO permits shall provide a 12-month period within which permittees may complete all development, design and maintenance standards required by this article. The building official or his or her designee (referred to herein as the building official) may grant extensions to this 12-month period where he/she deems such extensions appropriate.
SECTION 2. Title 6, Chapter 6.15, Section 6.15.730 of the South Lake Tahoe City Code is amended to read in its entirety as follows:
6.15.730 Design and development standards.
SRO properties shall meet the following design standards:
A. SRO Units.
1. Designation. SRO property owner shall designate specific rooms as SRO units. Said designation cannot change without an amendment to SRO property’s SRO permit.
2. Bathroom. Shall contain a bathroom facility, with a door for privacy, a lavatory (sink), toilet and bathtub or shower.
3. Efficiency Kitchen. Efficiency kitchen facilities shall exist in each SRO unit that does not have access to a common kitchen (as set forth in subsection (B)(1) of this section). Kitchens shall contain:
a) A refrigerator with freezer.
b) A two burner stove and/or cook top and/or microwave. 61 Ordinance 2024-XXX December 10, 2024 Page 3 of 5
c) A kitchen or bar sink.
d) Countertop space of at least 30 inches.
e) Sufficient electrical capacity to accommodate such facilities.
4. Habitable Floor Area.
a) For a single occupant a minimum habitable floor area of 120 square feet. b) For two occupants a minimum habitable floor area of 170 square feet. c) For three occupants a minimum habitable floor area of 220 square feet. d) For four occupants a minimum habitable floor area of 270 square feet. e) The permissible number of room occupants shall be capped at no more than four persons.
5. Exterior Doors. Exterior doors of SRO units shall meet standards for exterior door rating.
B. SRO Properties.
1. Common Kitchen Facilities. Shared kitchen space shall exist to serve all SRO units that do not possess a kitchen. Common kitchens shall contain:
a) A full size range with four stove burners and an oven. b) A full size refrigerator with freezer for every six SRO units. c) A full size microwave oven.
d) A full size kitchen sink with garbage disposal.
e) At least 10 feet of countertop space for food preparation. f) Lockable storage cabinets a minimum of two by two by two feet for each SRO unit that does not possess independent kitchen facilities.
2. Trash Enclosure. An SRO property shall provide a three-sided trash enclosure or solid screening of the dumpster from public view.
3. Sewage. All sewer units shall be verified and/or permitted by South Tahoe public utility district or the appropriate provider.
4. Electrical. All SRO properties shall meet electrical service requirements that comply with all applicable laws and are subject to approval of the building official.
5. ADA Compliance. All SRO properties that make alterations or additions shall comply with the California Building Code, Section 11 B-202, Existing Building and Facilities, and Section 11 B224, Transient Lodging and Guestrooms.
C. Signage.
1. Proof of SRO permit shall be placed in a conspicuous place in the lobby or other common area of the lodging property such as a laundry room. For lodging properties with a permit to operate as employee housing under the California Employee Housing Act, Health & Safety Code section 17000 et seq., as may be amended, additional signage in this conspicuous location shall be 62 Ordinance 2024-XXX December 10, 2024 Page 4 of 5
posted in English and Spanish that states: “Substandard housing conditions may be reported to the City of South Lake Tahoe Housing Hotline at 530-542-7417, or to the Development Services Department, 1052 Tata Lane, South Lake Tahoe, California 96150.”
2. All SRO units must have an exterior placard containing the following information:
a) Statement that room or unit has been designated as an SRO unit. b) Name of hotel/motel.
c) Address of hotel/motel.
d) Room number.
e) Approved number of occupants.
f) Contact information of city building department to which complaints may be directed.
D. SROs shall meet all other building requirements for residential building units as set forth in the South Lake Tahoe City Code and all other applicable laws.
SECTION 3. Title 6, Chapter 6.30, Section 6.30.080 of the South Lake Tahoe City Code is amended to read in its entirety as follows:
6.30.080 Interior, exterior and site maintenance standards.
In addition to the codes described in SLTCC 6.30.060 and in order to avoid a substantial risk to health and safety, affected multiple-family dwellings shall meet the following interior/exterior and site maintenance standards:
A. Exterior doors of rental dwelling units shall be solid core or equivalent.
B. All parking areas shall be kept free of potholes, cracks or other deterioration. No parking on dirt is allowed. All motor vehicle parking shall be on paved surfaces. All dirt areas not approved for paved parking shall be revegetated and have parking barriers. All striping and signage, including parking signage and fire lane or access signage, shall be maintained in good condition and clearly legible.
C. All multifamily dwellings with a permit to operate as employee housing under the California Employee Housing Act, Health & Safety Code section 17000 et seq., as may be amended, shall post a sign in a conspicuous place in the lobby or other common area such as a laundry room in English and Spanish that states: “Substandard housing conditions may be reported to the City of South Lake Tahoe Housing Hotline at 530-542-7417, or to the Development Services Department, 1052 Tata Lane, South Lake Tahoe, California 96150.”
SECTION 4. If any section, subsection. Sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The City Council finds that adoption of the proposed Ordinance is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
63 Ordinance 2024-XXX December 10, 2024 Page 5 of 5
SECTION 6. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.
SECTION 7. This Ordinance shall become effective thirty days after the date of its adoption.
Adopted by the City of South Lake Tahoe City Council on December 10, 2024 by the following vote:
Yes:
No:
Abstain:
Absent:
________________________ Date:_________
Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:
Published:
Second Reading:
Effective:
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
64 Ordinance- Employee Housing Signage - Page 1 of 2
FILER
Michelle Davis
[email protected]
(530) 542-6005
FILING FOR
Tahoe Daily Tribune
Columns Wide: 2
Total Column Inches: 8.58
Number of Lines: 43
Ad Class: Legals
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in Tahoe Daily Tribune on the dates indicated below. If changes are needed, please contact us prior to deadline at (530) 541-3880.
Notice ID: Gblfn71xQhAqUoLZyKBk | Proof Updated: Nov. 20, 2024 at 08:18am PST Notice Name: Ordinance- Employee Housing Signage
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11/22/2024: Other 120.41
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65 Ordinance- Employee Housing Signage - Page 2 of 2
66 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:7
Agenda Item: Ordinance to Amend South Lake Tahoe City Code to Lower Speed Limits on Sections of Pioneer Trail, Ski Run Boulevard, and Lake Tahoe Boulevard (Second Reading) Executive Summary: The existing Engineering & Traffic Surveys (E&TS) have expired, and a current E&TS is required to enforce the speed limits. In July 2024, the City entered into a contract with JLB Traffic Engineering, Inc. to conduct the E&TS. JBL has utilized the Caltrans Traffic Operations Policy Directive (No. 09-04), effective July 1, 2009, which clearly defined these changes and incorporated new requirements into the California Traffic Control Manual. Section 2B.13 of the 2014 Edition of the California Traffic Control Manual now requires as a standard that a speed limit shall be established at the nearest 5 mph increment of the 85th percentile speed, except that the posted speed may be reduced by 5 mph from the nearest five mph increment of the 85th percentile speed in compliance with CVC Sections 627 and 22358.5. For cases in which the nearest 5 mph increment of the 85th percentile speed would require rounding up, the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed if no further reduction is used. Speed limit changes are recommended for Pioneer Trail, Ski Run Blvd and Lake Tahoe Boulevard. On November 19, 2024, City Council held a first reading (by title only) and referred second reading and adoption to the City Council meeting on December 10, 2024. The speed limit changes will go into effect 30-days after posting of the new signs.
Requested Action / Suggested Motions: Pass an Ordinance amending South Lake Tahoe City Code Chapters 4.25.150 through 4.25.180 - Speed Restrictions on Certain Streets.
Responsible Staff Member: Anush Nejad, Director of Public Works and Doug Sentell, Administrative Lieutenant
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Amendment to Speed Restrictions Ordinance.docx 02-Ordinance-Speed Limit Reduction on City Streets.docx 03-Public Notice
67 Council Agenda Report December 10, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Amendment to Speed Restrictions Ordinance (Second Reading) Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works and Doug Sentell, Administrative Lieutenant
Background: Speed limits establish a reasonable and safe operating speed for a specific section of roadway. Per California Vehicle Code (CVC) Section 22349, the maximum speed limit on a multilane highway and two-lane undivided roadway is 65 mph and 55 mph, respectively.
Cities conduct Engineering and Traffic surveys (E&TS) to post speed limits that are lower than these speed limits. Engineering and traffic surveys are also referred to as speed zones. California law requires cities to conduct a speed survey every 10 years for a speed limit to be enforceable, even if no changes have been made to the roadway.
The most widely accepted method of determining the posted speed limit is to set it at the “85th percentile speed,” at or below which 85 percent of the traffic is moving. The 85th percentile speed is the single most influential indicator of what is safe and reasonable, and it is used to determine the speed limit by rounding to the nearest five mph increment and posting the speed limit at that speed. Suppose sufficient conditions are not readily apparent to the driver, as determined by a registered engineer. In that case, the posted speed limit can be lowered by five (5) mph, and such a decision must be documented in the E&TS. With a valid E&TS, the Police Department can use the radar or lidar to enforce the speed limits within the ten-year validity period. In July 2024, the City entered into a contract with JLB Traffic Engineering, Inc. to conduct the E&TS, which provided the results of the study.
Issue and Discussion: On November 19, 2024, the City Council passed a Motion to hold the first reading of an Ordinance amending South Lake Tahoe City Code, Chapters 4.25.150 through
4.25.180 - Speed Restrictions on Certain Streets, and refer the second reading and adoption to the December 10, 2024, meeting.
Financial Implications: Existing signs must be removed and replaced to implement the proposed speed limit changes. This conversion will cost about $5,000 and can be covered with the current approved operating budget.
Environmental Considerations: The actions proposed in this item are exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities).
Policy Implications: This project advances the City Council's Strategic Priorities and Goals related to traffic safety and neighborhood preservation. 68 Ordinance 2024-XXX December 10, 2024 Page 1 of 3
Ordinance 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
December 10, 2024
An Ordinance Amending South Lake Tahoe City Code Chapter 4.25 (Moter Vehicles and Traffic), Article IV (Operation of Vehicles), Sections 4.25.150, 4.25.160, 4.25.170, and
4.25.180 to Modify the Speed Restrictions on Certain Streets
FINDINGS
A. Speed limits establish a reasonable and safe operating speed for a specific section of roadway. Per California Vehicle Code section 22349, the maximum speed limit on a multilane highway and two-lane undivided roadway is 65 mph and 55 mph, respectively.
Cities conduct Engineering and Traffic surveys (E&TS) to post speed limits that are lower than these speed limits.
B. Engineering and traffic surveys are also referred to as speed zones. California law requires cities to conduct a speed survey every 10 years for a speed limit to be enforceable, even if no changes have been made to the roadway.
C. In July 2024, the City signed a contract with JLB Traffic Engineering, Inc. (JBL) to conduct the E&TS for certain city streets.
D. Caltrans Traffic Operations Policy Directive (No. 09-04), effective July 1, 2009, clearly defined requirements in the California Traffic Control Manual. Section 2B.13 of the 2014 Edition of the California Traffic Control Manual now requires as a standard that a speed limit shall be established at the nearest five mph increment of the 85th percentile speed, except that the posted speed may be reduced by five mph from the nearest five mph increment of the 85th percentile speed in compliance with CVC Sections 627 and 22358.5.
For cases where the nearest five mph increment of the 85th percentile speed would require rounding up, the speed limit may be rounded down to the nearest five mph increment below the 85th percentile speed if no further reduction is used.
E. Based on the E&TS and recommendations of the Public Works Director/City Traffic Engineer, the following changes to the speed limits on certain city streets are recommended.
Now, therefore, the City Council of the City of South Lake Tahoe does ordain as follows:
SECTION 1. Section 4.25.150 (Speed restrictions on certain streets – 25 mph) of the South Lake Tahoe City Code is hereby amended to read as follows:
There is hereby established a 25-mile-per-hour prima facie speed limit on the following portions of city streets, when signs are placed as required by law:
69 Ordinance 2024-XXX December 10, 2024 Page 2 of 3
A. Lyons Avenue, from Lake Tahoe Boulevard (U.S. Highway 50) to its termination at the intersection with Rufus Allen Boulevard.
B. Rufus Allen Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) to its termination at the intersection with Lyons Avenue.
C. Glenwood Way, from Fairway to Pioneer Trail.
D. Martin Avenue, from O’Malley Drive to the city limits.
E. Al Tahoe Boulevard, from Johnson Boulevard to Lake Tahoe Boulevard (U.S.
Highway 50).
F. Pioneer Trail from Lake Tahoe Boulevard (U.S. Highway 50) to Keller Road.
G. Lakeview Avenue from Berkeley Avenue to Lake Tahoe Blvd (U.S. Highway 50).
H. Park Avenue from Lake Tahoe Boulevard (U.S. Highway 50) to Lakeshore Boulevard.
SECTION 2. Section 4.25.160 (Speed restrictions on certain streets – 30 mph) of the South Lake Tahoe City Code is hereby amended to read as follows:
There is hereby established a 30-mile-per-hour prima facie speed limit on the following portions of city streets, when signs are placed as required by law:
A. Keys Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) to Venice Drive.
B. Pioneer Trail, from Keller Road to Ski Run Boulevard.
C. Ski Run Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) to Pioneer Trail.
D. Lake Tahoe Boulevard, from State Route 89 to D Street.
SECTION 3. Section 4.25.170 (Speed restrictions on certain streets – 35 mph) of the South Lake Tahoe City Code is hereby amended to read as follows:
There is hereby established a 35-mile-per-hour prima facie speed limit on the following portions of city streets when signs are placed as required by law:
A. Lake Tahoe Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) westward to the city limits.
B. Johnson Boulevard, from the intersection of Treehaven Drive, southward to the intersection of Happy Home Cemetery Road.
C. Pioneer Trail, from Ski Run Boulevard to Al Tahoe Boulevard.
D. Ski Run Boulevard, between Pioneer Trail and Needle Peak Drive.
E. Sierra Boulevard, between Lake Tahoe Boulevard (U.S. Highway 50) and Fountain Avenue.
SECTION 4. Section 4.25.180 (Speed restrictions on certain streets – 40 mph) of the South Lake Tahoe City Code is hereby amended to read as follows:
There is hereby established a 40-mile-per-hour prima facie speed limit on the following portions of city streets, when signs are placed as required by law:
70 Ordinance 2024-XXX December 10, 2024 Page 3 of 3
A. Al Tahoe Boulevard, from Pioneer Trail to Johnson Boulevard.
B. Pioneer Trail, from Al Tahoe Boulevard to the city limits.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The City Council finds that the adoption of the proposed Ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301(c) (Existing Facilities) because the Ordinance addresses speed limits on existing roadways.
SECTION 7. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.
SECTION 8. This Ordinance shall become effective thirty days after the date of its adoption.
Adopted by the City of South Lake Tahoe City Council on December 10, 2024, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading: November 19, 2024
Published: November 22, 2024
Second Reading: December 10, 2024
Effective: January 9, 2024
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
71 Ordinance- Speed Limits - Page 1 of 2
FILER
Michelle Davis
[email protected]
(530) 542-6005
FILING FOR
Tahoe Daily Tribune
Columns Wide: 2
Total Column Inches: 9.18
Number of Lines: 46
Ad Class: Legals
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in Tahoe Daily Tribune on the dates indicated below. If changes are needed, please contact us prior to deadline at (530) 541-3880.
Notice ID: RxvkYUotU8LG3N1udmbO | Proof Updated: Nov. 20, 2024 at 09:03am PST Notice Name: Ordinance- Speed Limits
This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.
11/22/2024: Other 128.46
Internet Flat Fee Charge 40.00
Affidavit flat charge 10.00
Subtotal $178.46
Tax $0.00
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Total $178.46
See Proof on Next Page
72 Ordinance- Speed Limits - Page 2 of 2
73 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:8
Agenda Item: Purchase of Chevrolet Silverado Medium Duty 4WD Crew Cab for the Street Division Executive Summary: Staff recommends executing a Purchase Order with Champion Chevrolet to purchase one 23/24 Chevrolet Silverado Medium Duty 4WD Crew Cab from Champion Chevrolet of Reno, NV for $98,602.08. The budget for the purchase of this vehicle was approved with the Annual Budget for FY 2024-2025. City followed the City's procurement policies and advertised for this vehicle through the Planetbids.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a purchase order with Champion Chevrolet to purchase one 23/24 Chevrolet Silverado Medium Duty 4WD Crew Cab from Champion Chevrolet of Reno, NV for $98,602.08 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 - Chevrolet 4WD Cab.docx
02 - Chevy Silverado 4WD Crew Cab.pdf
03 - Bid Summary Planet Bids Results.pdf
741
Council Agenda Report December 10, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Purchase of Chevrolet Silverado Medium Duty 4WD Crew Cab for the Street Division 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 to replace the 6-wheel dump truck that is going out of compliance with emissions. The recommended unit is a smaller vehicle in compliance with emission regulations. 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 medium duty Chevrolet 5500 4x4 is replacing a 1991 International dump truck that is out of compliance with emissions. See Attachment 02. The proposed vehicle will enhance the Streets Maintenance and Snow Operational process.
The Fleet Division advertised the procurement through Planetbids on October 21, 2024. Thirtyone vendors were notified. On November 4, 2024, the city received one bid from Champion Chevrolet of Reno, Nevada. See Attachment 03. The financial Implications section below outlines the purchase cost and funding source.
Financial Implications: The proposed dump truck will be purchased from Champion Chevrolet of Reno, NV for $98,602.08. 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.
Policy Implications: The purchase of the dump truck will improve Street and Snow Maintenance operations.
EV Charging Options: The fleet manager reached out to California HVIP and there are no EV Chevrolet 5500 4x4 at this time.
752
763
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
774
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
785
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
796
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
807
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
818
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
829
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
1083
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
1184
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
1285
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
1386
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
1487
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
1588
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
1689
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:8
Agenda Item: Purchase of Chevrolet Silverado Medium Duty 4WD Crew Cab for the Street Division Executive Summary: Staff recommends executing a Purchase Order with Champion Chevrolet to purchase one 23/24 Chevrolet Silverado Medium Duty 4WD Crew Cab from Champion Chevrolet of Reno, NV for $98,602.08. The budget for the purchase of this vehicle was approved with the Annual Budget for FY 2024-2025. City followed the City's procurement policies and advertised for this vehicle through the Planetbids.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a purchase order with Champion Chevrolet to purchase one 23/24 Chevrolet Silverado Medium Duty 4WD Crew Cab from Champion Chevrolet of Reno, NV for $98,602.08 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 - Chevrolet 4WD Cab.docx
02 - Chevy Silverado 4WD Crew Cab.pdf
03 - Bid Summary Planet Bids Results.pdf
90 Council Agenda Report December 10, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Purchase of Chevrolet Silverado Medium Duty 4WD Crew Cab for the Street Division 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 to replace the 6-wheel dump truck that is going out of compliance with emissions. The recommended unit is a smaller vehicle in compliance with emission regulations. 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 medium duty Chevrolet 5500 4x4 is replacing a 1991 International dump truck that is out of compliance with emissions. See Attachment 02. The proposed vehicle will enhance the Streets Maintenance and Snow Operational process.
The Fleet Division advertised the procurement through Planetbids on October 21, 2024. Thirtyone vendors were notified. On November 4, 2024, the city received one bid from Champion Chevrolet of Reno, Nevada. See Attachment 03. The financial Implications section below outlines the purchase cost and funding source.
Financial Implications: The proposed dump truck will be purchased from Champion Chevrolet of Reno, NV for $98,602.08. 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.
Policy Implications: The purchase of the dump truck will improve Street and Snow Maintenance operations.
EV Charging Options: The fleet manager reached out to California HVIP and there are no EV Chevrolet 5500 4x4 at this time.
91 92
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
93 City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
94 City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
95 City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
96 City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
97 City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
98 City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
99 City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
100
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
101
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
102
City of South Lake Tahoe
Purchase of 2023 / 2024 Chevrolet Silverado Medium Duty 4WD Crew Cab (10-21-2024), bidding on 11/04/2024 11:00 AM (PST)
Printed 11/04/2024
PlanetBids
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:9
Agenda Item: Grant Application to Federal Emergency Management Agency (FEMA) for Self-Contained Breathing Apparatus (SCBA) Equipment
Executive Summary: The grant application process opened on November 12, 2024 and will remain open until December 20th, 2024. South Lake Tahoe Fire Rescue is prepared to submit an application for funding to replace its Self Contained Breathing Apparatus (SCBA) fleet. Our current inventory is aging out and will need to be replaced in the next 12-18 months. The total grant application will be in an amount not to exceed $650,000. Items requested include SCBA air packs, masks, air cylinders, and RIT (Rapid Intervention Team) packs. The new SCBA would be more reliable and lighter resulting in less fatigue and injury; also reducing workers compensation claims and time off of work. The FEMA grant requires a 10% match. If awarded staff would return to council for approval to pay the match from Fund 222 Prop 172 Safety Sales Tax. No new general funds are being requested.
Requested Action / Suggested Motions: Pass a Resolution authorizing the Fire Chief to apply for a grant from FEMA for SCBA equipment in an amount not to exceed $650,000 and authorizing the Fire Chief to sign any documents required to apply for these subject funds with the understanding that the City would be responsible for 10% matching funds if the grant is awarded.
Responsible Staff Member: Jim Drennan, Fire Chief
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-AFG Grant Application.docx
02-Resolution-AFG Grant Application.docx
106
Council Agenda Report- December 10, 2024
Page | 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Grant application to Federal Emergency Management Agency (FEMA) through the Assistance to Firefighters Grant (AFG) program up to the amount of $650,000 for SCBA Equipment.
Location: Fire Department
Responsible Staff Members: Jim Drennan, Fire Chief and Thomas Jones, Firefighter Background: The primary goal of the Assistance to Firefighters Grant (AFG) is to meet the firefighting and emergency response needs of fire departments and non-affiliated emergency medical service organizations. AFG grants are sponsored through FEMA. Since 2001, AFG has helped firefighters and other first responders obtain critically needed equipment, protective gear, emergency vehicles, training and other resources necessary for protecting the public and emergency personnel from fire and related hazards.
On November 12, 2024, the FY 2024 AFG application opened and is expected to run through December 20, 2024. The Fire Department would like to submit an application up to the amount of $650,000 for Self-Contained Breathing Apparatus (SCBA) equipment to maintain compliance of national safety standards as outlined in NFPA 1851 and NFPA1500. Currently, the fleet of SCBA’s and masks are 10 years old and cylinders are 8 years old. Considering 10 years of front-line firefighting operations; each year generating a 5.6% increase in call volume and training, the fleet and their internal components are nearing expiration and insufficiency.
Issue and Discussion: South Lake Tahoe Fire Rescue is seeking funding to protect and preserve the health and safety of its firefighters by upgrading and replacing its Self-Contained Breathing Apparatus (SCBA) fleet to the most up to date technology and safety standards. Items requested consist of SCBA air packs, masks, air cylinders, and RIT packs for an estimated total not to exceed $650,000. Firefighters outfitted with new air packs and cylinders are equipped with not only a more reliable breathing system but one that is lighter on their backs as well. Lighter weight means they are less prone to fatigue and injury, resulting in fewer claims of workers compensation and increased efficiency to accomplish the mission of SLTFR.
The acquisition of new SCBA packs aligns with South Lake Tahoe Fire Rescue's mission to provide professional, efficient, and compassionate emergency services. Our mission extends beyond mere response; it encompasses a commitment to utilizing the best available resources to execute our duties with the highest standards. SLTFR is seeking council approval to submit the application to FEMA for an AFG grant. If our department is awarded the grant we will then return to council to accept the grant and appropriate the budget.
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Council Agenda Report- December 10, 2024
Page | 2
Financial Implications: Application submitted will be in an amount not to exceed $650,000 to fund the following estimated costs:
- 45 SCBA air packs ($8,750.00 ea.) = $393,750.00
- 45 Masks ($1,800.00 ea.) = $81,000.00
- 60 Cylinders ($1,650.00 ea.) = $99,000.00
- 4 RIT bags ($4,250.00 ea.) = $17,000.00 $590,750
-Estimated Tax (8.75%) $51,691
Total: $642,440
FEMA requires a 10% match. Matching funds not to exceed $65,000 would then be provided from Fund 222 Prop 172 Safety Sales Tax with Council’s approval if we are awarded the grant.
No General Funds are being requested.
Environmental Considerations: There are no noted environmental considerations.
Policy Implications: Per Financial Management- Grant Funding and Compliance Policy approved by City Council on Sept. 8, 2020; section 2.3 City Council Approval to Apply: City Council approval to apply is required for ALL Grant Applications. A detailed staff report and a resolution (if required) should be brought forth to City Council for Council approval/adoption. 108
Resolution 2024-XXX December 10, 2024
2024
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
December 10, 2024
Authorizing the Fire Chief to Apply to the Federal Emergency Management Agency (FEMA) for FY 2024 Assistance to Firefighters Grant Program in the amount not to exceed $650,000 for Self-Contained Breathing Apparatus (SCBA) A. Since 2001, AFG has helped firefighters and other first responders obtain critically needed resources necessary for protecting the public and emergency personnel from fire related hazards.
B. FY 2024 AFG grant application period is opened November 12, 2024 through December 20, 2024. As of Sept. 20, 2023, FEMA has made 1,995 awards totaling $720 million in previous cycles.
C. The Fire Chief requests to apply for a FY 2024 Assistance to Firefighters Grant (AFG) in an amount not to exceed $650,000 to fund new SCBA equipment to meet national safety standards.
D. Current fleet of SCBA’s and masks are 10 years old and cylinders are 8 years old, nearing expiration and unreliability.
E. This equipment will be funded 90% from FEMA with a 10% contribution from the City from Fund 222 Prop 172 Safety Sales Tax.
F. If awarded, the Fire Chief will submit to the City Council a request for authorization to accept award and appropriate grant funds as well as the City’s share for the match.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes the Fire Chief to file a grant application with the Federal Emergency Management Agency (FEMA) for SCBA equipment in an amount not to exceed $650,000.
2. Authorizes the Fire Chief to sign any documents required to apply for these subject funds on behalf of the City of South Lake Tahoe.
3. Acknowledges that the City’s Match of 10% funding as required for the application will be appropriated from Fund 222 Prop 172 Safety Sales Tax, upon the acceptance of each grant award.
109
Resolution 2024-XXX December 10, 2024
2024
Adopted by the City of South Lake Tahoe City Council on December 10, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
Date:
Mayor Attest:
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
110
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:10
Agenda Item: Prohousing Incentive Program Grant Application - Round 3 for Sugar Pine Village Affordable Housing Project - Phase 2B
Executive Summary: In August 2024, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Prohousing Incentive Program (PIP) 2024 - Round 3. The PIP awards funds are based on the Prohousing Designation program score and jurisdiction size. 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 became eligible to apply for the PIP grant in March 2024 and was awarded $620,000 in grant funds for PIP Round 2. This application will request up to $620,000 and be granted for construction costs of Sugar Pine Village Phase 2B.
Requested Action / Suggested Motions: Pass a Resolution ratifying the grant application for the Prohousing Incentive Program (PIP) 2024 - Round 3 and authorizing the City Manager to accept funds from the California Department of Housing and Community Development for the Prohousing Incentive Program up to $620,000 for the Sugar Pine Village Affordable Housing Project, Phase 2B.
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager and Crystal Plotner, Assistant Housing Planner
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 - Prohousing Incentive Program Round 3.docx 02-Resolution - Prohousing Incentive Program Round 3.docx 111
Council Agenda Report December 10, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Ratification of Prohousing Incentive Grant Application to California Department of Housing and Community Development for Sugar Pine Village Affordable Housing Project Location: 1888 Lake Tahoe Boulevard and 1029 Tata Lane
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager, and Crystal Plotner, Assistant Housing Planner
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. At its March 26, 2024, meeting the City Council approved Resolution 2024-042 ratifying the application for, and authorizing receipt of, Prohousing Incentive Program (PIP) funds.
On July 8, 2024, the City received the award letter from HCD for $620,000 for the rehabilitation of Tahoe Coalition for the Homeless’ three Homekey properties and the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard.
Issue and Discussion: On August 15, 2024, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Prohousing Incentive Program (PIP) 2024 - Round 3 for $8 million in available funding.
The PIP awards funds based on the Prohousing Designation program score and jurisdiction size. The 2024 PIP - Round 3 application has a submission date of December 31, 2024 and an estimated award date of April 2025. Sugar Pine Village Affordable Housing Project (1888 Lake Tahoe Boulevard and 1029 Tata Lane) is identified as a project that needs additional grant funding for Phase 2B. The grant award formula allows the city to receive $620,000 in grant funds.
112
Council Agenda Report December 10, 2024 Page 2 of 3
The table below summarizes the financing strategy for the four phases of Sugar Pine Village and shows how the city contributions pair with other funding sources.
Source Phase 1A Phase 1B Phase 2A Phase 2B
City RDA Loan 566,629
City Coverage Loan 254,487 995,513
HOME PI Loan 625,000
City Sources 821,116 625,000 995,513 0
Federal Tax Credit Equity 19,766,293 17,684,219 17,508,602 State Tax Credit Equity 5,722,864 5,199,480
Perm Loan 2,768,500 4,667,000 2,015,000 2,544,000
State Housing Accelerator 23,888,864
State MHP 12,127,500 7,448,016
State AHSC 10,551,967
State IIG 3,195,900 2,910,000 2,965,000 2,998,000
State PLHA 4,750,000 4,750,000 4,750,000
State HOME 5,162,446 5,910,614
State LGMG 5,638,066 9,999,999 4,304,935 5,000,000
Natl. Housing Trust Fund 8,000,000
Deferred Developer Fee 500,000 2,000,000 2,000,000
Total Sources 54,290,239 50,496,680 49,471,279 53,910,696 Committed Applied For Identified
There are ten eligible uses for PIP grant funds. Based on the allowable grant funds for the city and current project needs, staff recommend the grant funds for the following eligible uses:
1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, and low-, and moderate-income households, including necessary operating subsidies.
If awarded, Sugar Pine Village would use the funds for the construction costs of Phase 2B and serve as local leverage for additional outside funding sources for the final phase. Staff recommends that the City Council approve the Resolution (Attachment 2) ratifying the application for, and authorizing receipt of, Prohousing Incentive Program 2024 Round 3 funds for Sugar Pine Village.
Financial Implications: The Prohousing Incentive Program is a competitive grant process available from HCD, which the City is eligible to apply for. Based on the City’s Prohousing score, jurisdiction population, and geographic region formula, the City is eligible to receive 113
Council Agenda Report December 10, 2024 Page 3 of 3
$620,000. If the total amount is awarded, $620,000 will be granted for construction costs for Sugar Pine Village Phase 2B (1888 Lake Tahoe Boulevard and 1029 Tata Lane).
Environmental Considerations: For projects that satisfy criteria specified by SB 35, the guidelines issued by HCD specify that the California Environmental Quality Act (CEQA) does not apply to actions taken by a local government to provide financial assistance to a development that receives streamlined approval and that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
Policy Implications: The recommended action is consistent with the City Strategic Plan which identifies supporting the Sugar Pine Village Project as Action Item 1.3.1. The recommended action is consistent with the following adopted policies and programs:
City General Plan Housing Element
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.
Program 1-3 The City shall work with the California Department of Housing and Community Development, the California Legislature, and through other appropriate legal means to remove unreasonable barriers to the implementation of the goals, policies, and programs of the City’s Housing Element and to maintain consistency with state law.
Policy 1-10 The City shall actively seek opportunities to obtain federal, state, and local funding for affordable housing and community development and implementation of General Plan policies and programs to support housing affordability, community development, and safety.
Policy 2-3 The City shall encourage a range of housing options so that people who work in South Lake Tahoe can choose to live in the city.
Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the City. 114
Attachment A: Formal Resolution for the Prohousing Incentive Program Funds RESOLUTION NO. 2024 – XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AUTHORIZING APPLICATION FOR, AND RECEIPT OF, Prohousing Incentive Program funds.
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and WHEREAS the City Council of the City of South Lake Tahoe desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on August 15, 2024 in the amount of $8,000,000 for PIP;
Now, therefore, the City Council of the City of South Lake Tahoe (“Applicant”) resolves as follows:
SECTION 1.
The City Manager is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $620,000.
SECTION 2.
In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of South Lake Tahoe is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $620,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and SECTION 3.
The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval.
The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses 115
and allowable expenditures in the manner presented and specifically identified in the approved Application.
ADOPTED ON December 10, 2024, by the City Council of the City of South Lake Tahoe by the following vote count:
AYES: ____ NAYS: ___ ABSENT: ___ ABSTAIN: ___
ATTEST: APPROVED AS TO FORM:
The undersigned, Clerk of Public Entity of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.
[Signature of Attesting Officer]
______________________________APPROVED
Susan Blankenship, City Clerk
116
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:11
Agenda Item: Reimbursement Agreement with Southwest Gas for 2024 Construction Projects Executive Summary: The Public Works Department proposes an agreement with SWG that would permit them to deposit $1,052,751.30 into the City’s Paving Fund in exchange for not being required to meet certain paving requirements from the City’s PIES.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a Reimbursement Agreement with Southwest Gas for 2024 construction projects and appropriating $1,052,751.30 of In Lieu Fee paving funds into the 301-50005-48030 Road Rehabilitation Account.
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 - SWG Reimbursement Agreement.docx
02-Southwest Gas Reimbursement Agreement.docx
03-Resolution-Southwest Gas Reimbursement Agreement.docx 117
Council Agenda Report December 10, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Reimbursement Agreement with Southwest Gas
Location: Citywide
Responsible Staff Member: Stephen Anderjack, Associate Civil Engineer, (530) 721-1102 Background: In 2024, Southwest Gas Corporation (SWG) engaged in multiple construction projects in the City Right of Way (ROW). These projects include the Park Avenue Midway Project, The Tahoe Keys Project, and the Eloise, James, 5th 7th Vintage Steel Replacement Project. This will had a significant impact on the city streets and will require repaving a majority of the streets.
The Public Works Department oversees Southwest Gas’s construction within the City's public streets rightsof-way and requires them to meet the City’s Public Improvement and Engineering Standards (PIES) for all improvements. Standard Details 60 and 62 from the PIES require that any utility trench over 250 feet in length, or when 4 or more service lateral trenches are dug within a city block, the utility company is required to repave a full traffic lane through the affected area.
Paving roads is outside SWG’s area of expertise, as well as very costly for them to implement. Therefore, they are interested in an alternative to the City’s paving requirements. A solution agreeable to SWG and the City is for SWG to pay an in-lieu fee to the City instead of using their contractor to pave City streets. The inlieu pavement fees will accumulate in the City’s Paving Fund for the annual Pavement Rehabilitation Project to pave selected streets within the City.
The City implemented a similar agreement with SWG for 2019, 2020, 2021, and 2022 construction seasons.
Issue and Discussion: The Public Works Department proposes an agreement with SWG that would permit them to deposit funds into the City’s Paving Fund in exchange for not being required to meet certain paving requirements from Standard Details 60 and 62 of the City’s PIES. The Public Works Department sees the following advantages to approving such an agreement:
1. Economy of Scale – Large-scale paving projects administered by the City will likely result in a greater volume of paving for a more competitive price.
2. Selection of Streets to be Paved - The City will determine which roads are in the greatest need of repaving and develop the annual Pavement Rehabilitation Project accordingly.
3. Selection of Pavement Treatments - The City will decide which pavement treatment is best suited for each roadway (i.e. cape seal, micro-pave, crack seal, or grind and overlay).
4. Quality of Pavement Work - The roads reconstructed as a part of the City’s annual Pavement Rehabilitation Project will likely be of higher quality and last longer due to the materials the City specifies and construction oversite provided by the City. 118
Council Agenda Report December 10, 2024 Page 2 of 2
Southwest Gas is also interested in entering into the proposed agreement for the following reasons:
1. Allows SWG to concentrate on gas line replacements, rather than paving streets: paving is not their area of expertise.
2. Allows SWG to speed up construction while also causing less disturbance in the neighbourhoods they’re working in.
3. Greater efficiency results in cost savings for utility customers.
Financial Implications: This agreement stipulates that SWG will pay the City $5 per square foot for the roadway paving they are not required to place as a part of their VSP replacement program. During the 2024 construction season, 210,550 square feet of asphalt were not paved that would have otherwise been required to be paved. The proposed agreement will result in $1,052,751.30 of in-lieu paving expenses that SWG will deposit into the City Paving Fund (301-50005-48030).
If this agreement is not approved, the Public Works Department will require SWG to repave the sections of the road they worked on during 2024 and there will be no financial implications to the City.
Environmental Considerations: Approving this reimbursement agreement is not a project subject to environmental review under California Environmental Quality Act (CEQA) Guidelines section 15378(b)(4) because it is the creation of a government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
Policy Implications: This agreement would require the City Council to waive the overlay paving requirements outlined in the City PIES Standard Drawings 60 and 62. This is a one-time waiver for SWG that only applies to the 2024 construction season.
A similar agreement is anticipated for each year SWG works on its VSP replacement program. Receipt of a payment in lieu of SWG pavement grind and overlay work will provide a stream of revenue for the City’s Paving Fund Public Works estimates that over the next 7-10 years, SWG will likely need to invest approximately $20,000,000 to asphalt paving to complete their VSP replacement project. If similar agreements are approved in future years, the in-lieu payment fee approach will help supplement the City Paving Program.
119
CITY OF SOUTH LAKE TAHOE
AGREEMENT
FOR ROAD REPAIRS
This Agreement is made and entered into as of the 10th day of December 2024 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Southwest Gas Corporation, a California corporation (“SWG”).
RECITALS
A. In the 2024 construction season, SWG commenced multiple projects project to repair and replace vintage steel gas lines which are located under multiple streets within the City. The 2024 gas line repair and replacement projects were located within the Tahoe Keys, Eloise, and Tahoe Meadows neighborhoods in the City of South Lake Tahoe.
B. In accordance with a Franchise Agreement between the City and SWG dated August 30, 2017, SWG performs gas main and service line replacements and repairs that include cutting or grinding the pavement surface to allow trenching and subsurface excavations within the City’s public rights-ofway.
C. As provided in the Franchise Agreement, after making gas line repairs, SWG is required to repair the section of the road impacted by the gas line repairs in accordance with the City’s Public Improvements and Engineering Standards (PIES).
D. The City’s PIES requires full-width traffic lane pavement surface grinding and asphalt concrete overlay, two inches in depth where trenching work extends 250 linear feet or more. In addition, transverse pavement trenching in excess of four or more road cuts within 250 lineal feet of roadway also require fullwidth traffic lane(s) of pavement surface grinding and asphalt concrete overlay, two inches in depth.
E. For the purpose of the 2024 Southwest Gas Projects, SWG prefers to limit the extent of pavement repair work performed by SWG and SWG prefers to compensate the City in the amount provided in Exhibit A for the cost of pavement grinding and overlay of City streets required in accordance with the City’s PIES. 120
F. For the purpose of the 2024 Southwest Gas Projects, the City prefers receipt of payment from SWG in lieu of SWG performing the standard PIES required pavement grinding and overlay work.
G. The City has an annual pavement rehabilitation program that may involve grinding or pulverizing the full street width of existing pavement surfaces, paving streets with asphalt concrete pavement, or construction of minor storm drain and ancillary roadway improvements.
H. The City routinely enters into public works contracts to maintain City roads and may achieve economies of scale by including more road sections in future contracts.
I. The parties desire to enter into this Reimbursement Agreement to achieve efficiencies and better service for their respective customers.
AGREEMENT
1. SWG Obligations.
a. During 2024, SWG implemented its gas line repair and replacement project in multiple neighborhoods throughout the City of South Lake Tahoe in accordance the projects plans submitted to the Public Works Department.
b. Instead of repaving the City-maintained roads following the 2024 Southwest Gas Projects, SWG agrees to make permanent trench or pothole repairs and compensate the City $5/Square Foot, as calculated in Exhibit A, to repave the sections of City-maintained roads SWG would have repaved under the PIES (“Repavement Work”). For the purposes of this Agreement, the permanent trench repairs performed by SWG are defined as repairing the pavement the width of the trench (minimum of 4 ft) with 4” minimum compacted AC or match existing AC depth.
c. SWG shall pay City for Repavement Work in the amount provided in Exhibit A. SWG’s payment shall be made in a lump sum amount within 30 days of receiving a written payment request from the City.
2. City Obligations.
a. All Repavement work performed by the City shall be completed under a public works contract for road repair and be awarded 121
through a competitive bid process in accordance with California Public Contract Code, section 22030 et seq. City shall pay prevailing wage for the Repavement Work in accordance with California Labor Code section 1770 et seq. City will complete the paving of the Repavement Work at the appropriate time, in its sole discretion, based on the City’s annual paving needs and priorities.
b. City shall send to SWG a written reimbursement request. c. City shall use the funds received for the Repavement Work towards repaving roads within the City of South Lake Tahoe, including minor storm drain and ancillary roadway improvements.
3. Term/Time of Performance. This Agreement shall be effective as of the date written above, and shall terminate six months after the effective date, or sooner if full reimbursement has been made in accordance with the provisions of this Agreement or this Agreement is terminated in accordance with Section 4.
4. Termination. This Agreement may be terminated by City or SWG for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, City shall be entitled to reimbursement for Repavement Work performed up to the effective date of termination.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
5. Indemnity. SWG shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless against and from any and all claims, suits, losses, damages, and liability for damages of every name, kind, and description, including attorney’s fees and costs incurred, brought for, on or account of, injuries or death to any person, including but not limited to workers, City employees, and the public, or damage to property, or any economic or consequential losses, which are claimed to or in any way arise out of SWG’s performance under this Agreement, except for the sole or active negligence of the City, its officers and employees, or as expressly prescribed by statute.
This duty of SWG to indemnify and save City harmless includes the duties to defend set forth in California Civil Code section 2778.
City shall defend, indemnify, and hold SWG, its officers, officials, employees, and volunteers harmless against and from any and all claims, suits, losses, damages, and liability for damages of every name, kind, and description, 122
including attorney’s fees and costs incurred, brought for, on or account of, injuries or death to any person, including but not limited to workers, SWG employees, and the public, or damage to property, or any economic or consequential losses, which are claimed to or in any way arise out of City’s performance under this Agreement, except for the sole or active negligence of SWG, its officers and employees, or as expressly prescribed by statute. This duty of City to indemnify and save SWG harmless includes the duties to defend set forth in California Civil Code section 2778.
6. Insurance Requirements. City and SWG attest to having adequate insurance for General Liability and Automobile Liability, and in accordance with California Labor Code section 3700 for Workers’ Compensation and shall provide evidence of insurance if requested to do so by the other party.
7. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: Public Works Director
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to SWG: Supervisor/Engineering
Southwest Gas Corporation
P.O. Box 1190
Carson City, NV 89701
8. Assignment. Neither party shall assign this Agreement or any part thereof of any monies due hereunder.
9. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the Parties hereto expressly disclaim any such third-party benefit. 123
10.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
11.Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
12.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
13.Amendments. This Agreement may be modified or amended only by a written document executed by both SWG and City and approved as to form by the City Attorney.
14.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
15.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and SWG. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
16.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the Parties when at least one copy hereof shall have been signed by both Parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
17.Authority to Enter Agreement. The Parties have all requisite power and authority to conduct their business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
124
CITY OF SOUTH LAKE TAHOE: SOUTHWEST GAS CORPORATION:
By By
Mayor Chris Anderson, VP/Northern Nevada Division
APPROVED AS TO FORM:
By
Heather Stroud, City Attorney
ATTEST:
By
Susan Blankenship, City Clerk
Attachments:
Exhibit A – Cost Estimate for Repavement Work
125
EXHIBIT A
COST ESTIMATE FOR REPAVEMENT WORK
Total In Lieu Fee Payment $1,052,751.30 for the work completed in 2024.
Park Ave - Midway Project
Street Length Width Total SF Total Cost
Park Ave (LTB to Cedar) 350 28 9800 $ 49,000.00
Park Ave Traffic Sensor Loop $ 4,784.00
PROJECT TOTAL $ 53,784.00
Tahoe Keys Project (2024 Season)
Street Length Width Cul De Sac Radius Total SF Total Cost Aloha Dr (Venice to Dagget) 305 18 5490 $ 27,450.00
Aloha Dr (Daggett to Cul De Sac) 1097 36 34 43121.84 $215,609.20 Dagget Ct (Aloha to Cul De Sac) 192 30 34 9389.84 $ 46,949.20 Carson Ct (Aloha to Cul De Sac) 202 15 34 6659.84 $ 33,299.20 Emerald Dr (Kokanee to Marconi) 329 18 5922 $ 29,610.00 Emerald Dr (Marconi to Garmish) 284 35 9940 $ 49,700.00 Emerald Dr (Garmish to Venice) 232 34 7888 $ 39,440.00
Lido Dr (Marconi to Cul De Sac) 435 30 39 17825.94 $ 89,129.70 Marconi Way West (Emerald to Cul De Sac) 792 30 40 28784 $143,920.00 Marconi Way East (Emerald to Cul De Sac) 284 30 40 13544 $ 67,720.00 Garmish Ct Both Sides (2 Cul De Sacs) 526 30 40 25828 $129,140.00 PROJECT TOTAL 174393.46 $871,967.30
Eloise, James, 5th, 7th VSP Project
Street Length Width Total SF Total Cost
James (5th to 7th) 908 25 22700 $ 113,500.00
5th (James to Eloise) 225 12 2700 $ 13,500.00
PROJECT TOTAL 25400 $ 127,000.00
TOTAL IN LIEU FEE $ 1,052,751.30
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Resolution 2024-XXX December 10, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
December 10, 2024
Amending the FY 24/25 Street Overlay Program Fund Budget
BACKGROUND
A. In 2024, Southwest Gas Corporation (SWG) engaged in multiple construction projects in the City Right of Way (ROW). These projects include the Park Avenue Midway Project, The Tahoe Keys Project, and the Eloise, James, 5th 7th Vintage Steel Replacement Project. This will had a significant impact on the city streets and will require repaving a majority of the streets.
B. As provided in the Franchise Agreement, after making gas line repairs, SWG is required to repair the section of the road impacted by the gas line repairs in accordance with the City’s Public Improvements and Engineering Standards (PIES).
C. The City’s PIES requires full-width traffic lane pavement surface grinding and asphalt concrete overlay, two inches in depth where trenching work extends 250 linear feet or more.
In addition, transverse pavement trenching for four or more road cuts within 250 lineal feet of roadway also requires full-width traffic lane(s) of pavement surface grinding and asphalt concrete overlay, two inches thick.
D. For the purpose of the 2024 Southwest Gas construction projects, SWG prefers to limit the extent of pavement repair work performed by SWG and SWG prefers to reimburse the City for the cost of pavement grinding and overlay of City streets required in accordance with the City’s PIES.
E. For the purpose of the 2024 Southwest Gas construction projects, the City prefers receipt of payment from SWG in lieu of SWG performing the standard PIES required pavement grinding and overlay work.
F. The City has an annual pavement rehabilitation program that may involve grinding or pulverizing the full street width of existing pavement surfaces and paving streets with asphalt concrete pavement.
G. The City routinely enters into public works contracts to maintain City roads and may achieve economies of scale by including more road sections in future contracts.
H. The City and SWG desire to enter into this Reimbursement Agreement to achieve efficiencies and better service for their respective customers.
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Resolution 2024-XXX December 10, 2024 Page 2 of 2
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe hereby:
1. Authorizes and directs the Mayor to execute the agreement with Southwest Gas attached hereto as Exhibit A; and
2. Amends the Street Overlay Program account (301-50005) by appropriating $1,052,751.30 in fee in lieu of paving funds from Southwest Gas into revenue code 34415 and expense code 48030 for the purpose of funding the Road Rehabilitation Projects.
Adopted by the City of South Lake Tahoe City Council on December 10, 2024, by the following vote:
Yes:
No:
Absent:
Abstain:
__________________ Date:_____________
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.
128
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:12
Agenda Item: Amendment No. 7 to Master Agreement with Jviation (Woolpert) for Design and Construction Management of Precision Approach Path Indicators Executive Summary: The current Precision Approach Path Indicators (PAPI) system on the airport is damaged and beyond repair. The parts are no longer accessible, so the system needs to be replaced with new boxes. Due to the project's complicity, the airport is looking to contract with Jviation (Woolpert) for design and construction management. The total amount of the contract will not exceed $63,066.00.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute Amendment No. 7 to Master Professional Services Agreement with Jviation (Woolpert) in an amount not to exceed $63,066.00 for design and construction management work on the Precision Approach Path Indicators.
Responsible Staff Member: John Dickinson, Airport Manager 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 - PAPI.docx
02-Resolution-Jviation Amendment No. 7.docx
03-Amendment No. 7 to Agreement with Jviation Wolpert
04- C-103-2022 JVIATION.pdf
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Council Agenda Report December 10, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Amendment 7 to Professional Services Agreement with Jviation (Woolpert) for Runway 18 PAPI Replacement
Location: Airport, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 Responsible Staff Member: John Dickinson, Airport Manager 530-542-6182 Background: This project shall consist of the rehabilitation of the Runway 18 Precision Approach Path Indicator (PAPI) system. The existing equipment is past its useful life and is difficult to maintain, with frequent breakdowns and difficulty sourcing spare parts. Accordingly, the potential for outages is becoming more prevalent, and the duration of those outages is less predictable. A PAPI provides visual decent information to pilots as they are about to land. This is a very important device for safety.
Staff would like to replace the old device with a new L-880 LED PAPI system. The project will utilize the existing concrete foundations, which are in good condition, to minimize the impacts to airport operations and project costs. The Runway 18 PAPI project will be designed by the Airport’s Consultant, Jviation (Woolpert), and will be constructed in accordance with current requirements, regulations, rules, policies, grant assurances, and Advisory Circulars (ACs).
Issue and Discussion: The Airport plans to issue an amendment to Jviation (Woolpert) for professional services, including the design, bidding, and construction management for the Runway 18 PAPI Rehabilitation project. The project will be designed and constructed per City requirements, Airport governing documents, and applicable federal regulation and guidance.
Financial Implications: The request for $63,066 in engineering fees would be funded from the airport's available fund balance into account 501-80051. No general funds will be used for this project. The Engineer’s Estimate of probable construction cost for the PAPI is $150,000. Funding appropriation for construction will be addressed in a future Council meeting.
Environmental Considerations: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities - restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).
Policy Implications: This project will help maintain and improve the Airport PAPI system and will comply with current design standards.
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Resolution 2024-XXX December 10, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
December 10, 2024
Approving Contract Amendment 7 for Engineering Services and Construction Management for Runway 18 PAPI Rehabilitation Project and Appropriation of funds from Airport Fund Balance
BACKGROUND
A. The South Lake Tahoe Airport (Airport) desires to design, bid, and construct the Runway 18 PAPI Rehabilitation Project.
B. The goal of the Runway 18 PAPI Rehabilitation Project is to rehabilitate the existing Precision Approach Path Indicator (PAPI) equipment as it has passed its useful life and is difficult to maintain with frequent breakdowns and difficulty sourcing spare parts.
C. To maintain a high level of safety at the Airport, a new L-880 LED PAPI system will be installed to replace the existing system. The project will utilize existing concrete foundations to minimize impacts on airport operations and project costs.
D. The Airport wishes to contract with Jviation, A Woolpert Company, for the development of all necessary documents for the design, bidding, and construction management of the Runway 18 PAPI Rehabilitation project to ensure compliance with all City of South Lake Tahoe requirements.
E. This project will be 100% locally funded. The current allocation is to compensate engineering services during design and construction.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes and directs the Mayor to execute contact amendment 7 with Woolpert Company for Services to Design, Bid, and provide Construction Management Services in the amount of $63,066 for the Runway 18 PAPI Rehabilitation project, attached hereto as Exhibit A.
2. Appropriates $63,066 from the cash fund at the airport to Account 501-80051-48020 for design, bidding, and construction management.
Adopted by the City of South Lake Tahoe City Council on December 10, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
131
Resolution 2024-XXX December 10, 2024 Page 2 of 2
________________________ Date: ________________
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.
132
City of South Lake Tahoe
Amendment No. 7 to Airport Master Professional Services Agreement with Jviation (C-103-2022)
The Professional Services Agreement entered into on ______________, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Jviation, A Woolpert Company (“Consultant”) is hereby amended as set forth below.
The Contract is hereby revised to add the following.
1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated June 21, 2022 and the First Amendment to the Professional Services Agreement dated October 18, 2022, the Second Amendment to the Professional Services Agreement dated December 27, 2022, the Third Amendment to the Professional Services Agreement March 14, 2023, the Fourth Amendment to the Professional Services Agreement March 31, 2023, the Fifth Amendment to the Professional Services Agreement November 08, 2023, the Sixth Amendment to the Professional Services Agreement April 24, 2024, Amendment adds the work described within Exhibit A, Scope of Services attached hereto and incorporated herein by reference.
2. Compensation. Compensation to be paid to the CONSULTANT, is $63,066.00 as described in Exhibit A, Scope of Services. In no case shall CONSULTANT compensation for work completed under this Amendment exceed the amended amount of $63,066.00, without written authorization from the CITY. Payment by the CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 7 to Professional Services Agreement with Jviation executed on December 10, 2024.
CONSULTANT
By:
Jason Virzi
Business License # 011275
CITY OF SOUTH LAKE TAHOE
By:
Mayor
APPROVED AS TO FORM: ATTEST:
Heather Stroud, City Attorney Susan Blankenship, City Clerk Exhibit A: Scope of Services
133
Lake Tahoe Airport
Woolpert Project No. LOC 25-01
Runway 18 PAPI Rehabilitation
November 7, 2024
SCOPE OF WORK
FOR
LAKE TAHOE AIRPORT
South Lake Tahoe, California
Woolpert Project No. LOC 25-01
Runway 18 PAPI Rehabilitation
This is an Appendix attached to, made a part of and incorporated by reference with the Consulting Contract dated February 1, 2022 between the City of South Lake Tahoe and Jviation, a Woolpert Company (Woolpert) for providing professional services. For the remainder of this scope the Lake Tahoe Airport is indicated as “Sponsor” and Woolpert is indicated as “Engineer. The approximate construction cost of this project is $50,000.00. This construction budget does not include administrative, legal, or professional fees.
This project shall consist of preparing Construction Plans, Contract Documents, and Technical Specifications, along with Bidding, Construction Administration, and On-Site Construction Coordination, for the Runway 18 PAPI Rehabilitation Project. This scope of work is for the consulting services provided by the Engineer for the Sponsor. See Exhibit No. 1 below for the project location.
EXHIBIT NO. 1
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Woolpert Project No. LOC 25-01
Runway 18 PAPI Rehabilitation
November 7, 2024
DESCRIPTION
This project shall consist of the rehabilitation of the Runway 18 Precision Approach Path Indicator (PAPI) system. The existing equipment is past its useful life and is difficult to maintain with frequent breakdowns and difficulty sourcing spare parts. A new L-880 LED PAPI system will be installed to replace the existing system. The project will utilize the existing concrete foundations, which are in good condition, to minimize the impacts to airport operations and project costs.
The engineering fees for this project will be broken into two parts. Part A-Basic Services includes; 1) Preliminary Design Phase, 2) Design Phase, 3) Bidding Phase, and Reimbursable Costs During Design and Bidding and Part B-Special Services, which includes; 4) Construction Administration Phase, 5) On-Site Construction Coordination Phase or Field Engineering, and Reimbursable Costs During Construction. Parts A and B and the five phases are described in more detail below.
PART A - BASIC SERVICES consists of the Preliminary Design Phase, Design Phase, and Bidding Phase, all invoiced on a lump sum basis.
1.0 Preliminary Design Phase
1.01 Coordinate and Attend Meetings with the Sponsor. Meetings with the Sponsor will take place to determine critical project dates, establish the proposed design schedule, review environmental component(s), and determine the feasibility of the proposed project. Various meetings during the design phase will also be conducted to review the progress of the design, discuss construction details and proposed time frame of construction and identify any special requirements for the project.
1.02 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work through meetings outlined above. Fees will be negotiated with the Sponsor and may be subject to an independent fee estimate conducted by a third party hired by the Sponsor. This task also includes drafting the contract for the work to be completed by the Engineer for the Sponsor once negotiations are complete, as well as preparing the Staff Report and Resolution.
1.03 Prepare Preliminary Cost Estimating. This task includes creating a preliminary construction rough order of magnitude (ROM) cost estimate, a preliminary working days estimate, a preliminary overall project schedule, and a preliminary overall project budget. The preliminary construction ROM cost estimate will be based upon the most current information available at the time of preparation. Work to refine these estimates is included under Task 2.08.
1.04 Provide Project Coordination. The Engineer shall provide project management and coordination services to ensure the completion of the design. These duties include:
Time the Engineer spends planning, organizing, securing and scheduling resources, and providing instruction to staff to meet project objectives as defined in the approved scope of work.
The Engineer will analyze the budget semi-monthly to ensure budget and staffing needs are on track to meet design schedules within budget.
Additional items to be accomplished include compiling and sending additional information requested from the office to related parties, maintaining project files as necessary and other items necessary in day-to-day project coordination.
The Engineer will prepare and submit monthly invoicing. 135
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The Engineer will complete the following tasks:
Provide the Sponsor with a monthly Project Status Report (PSR), in writing, reporting on Engineer’s progress and any problems that may arise while performing the work. The PSR must include an update of the project schedule, as described in this section, when schedule changes are expected.
Submit for acceptance and maintain, a design schedule detailing the scheduled performance of the work.
Create and maintain a Quality Control Checklist (QCC) for the project. The QCC shall include personnel, project milestone checking and peer review procedures at each phase of the project.
1.05 Review Existing Documents. The Engineer will gather and review existing available documentation that may be relevant to the project, including, but not limited to, record drawings (as-builts), design reports, final reports, utility reports/maps and previous surveys. The Engineer may use relevant information from this review to coordinate the design and topographical survey for the project.
1.06 Coordinate Sponsor/FAA Reimbursable Agreement. A reimbursable agreement is a contractual agreement between the Sponsor and FAA for materials, supplies, equipment and services the FAA provides to the Sponsor. This task includes providing information to the Sponsor for the administration and completion of the reimbursable agreement between the Sponsor and FAA, including diagrams/sketches, ROM cost estimates, project schedules, etc.
The process to establish a reimbursable agreement can take on average up to 10-12 months. To avoid unnecessary delays, it is recommended the Sponsor initiate this process during the planning and project formulation phases of the project.
TASK 1 DELIVERABLES TO SPONSOR
1.02 Scope of Work and Draft Contract for the Sponsor
1.03 Preliminary Cost Estimate
1.04 Design Schedule, PSR, and Monthly Invoicing
TASK 1 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
1.01 Pre-Design Meeting • South Lake Tahoe, CA
One (1) Project Engineer and one (1) Project Manager
Assume One (1) hour via teleconference (1 meeting)
2.0 Design Phase
2.01 Prepare Preliminary Contract Documents. This task includes preparing the Preliminary Contract Documents, including Contract Proposal, Bid Bond, Contractor Information Sheet, Subcontractor/Material Supplier List, Bid Proposal, Contract, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Notice of Contractor’s Settlement, General Provisions, and FAA AC 150/5370-2 (Current Edition), Operational Safety on Airports During Construction. Preparation will include establishing the location for the bid opening, dates for advertisement and description of the work schedule. Also included in the Preliminary Contract Documents, and covered under separate tasks below, are the Technical Specifications, and the City of South Lake Tahoe Contract Documents and Special Provisions. Preliminary Contract Documents will be prepared as early as possible during the design phase and submitted to the Sponsor for review.
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Runway 18 PAPI Rehabilitation
November 7, 2024
2.02 Prepare Preliminary Construction Plans. This task includes preparing the following list of construction plans for the project. Additional plans may be added during the design phase as needed:
Plan Name/Description Number of Sheets
Cover Sheet 1
Index of Drawings, Summary of Approximate Quantities and General Notes 1 Safety Plan 1
Construction Layout Plan 1
Construction Phasing Plan 1
Electrical Demolition Plan 1
Electrical Layout Plan 1
Electrical Details 2
Total Sheet Count 9
2.03 Prepare Preliminary Technical Specifications. This task includes assembling the technical specifications necessary for the project. Standard specifications in the current edition of the City of South Lake Tahoe Public Improvement and Engineering Standards, and the current edition of the Standard Specifications of the State of California, Department of Transportation, will be utilized where possible, along with the guidance from FAA AC 150/5370-10 (Current Edition), Standard Specifications for Construction of Airports. Additional specifications will be prepared, if necessary, to address work items for materials that are not covered by the City of South Lake Tahoe or State of California, Department of Transportation standard specifications.
2.04 Prepare Preliminary Special Provisions. This task includes preparing preliminary Special Provisions, as necessary, which incorporate by reference, and, as specified, modify the current edition of the Standard Specifications of the State of California, Department of Transportation, and/or the City of South Lake Tahoe Public Improvement and Engineering Standards. Additionally, preliminary Special Provision may be prepared to address, or expound on, site conditions that require additional clarification. These include, but are not limited to: Haul Roads, Airport Security, Work Schedule, Sequencing of the Work, Closure of Air Operations Areas, Accident Prevention, Underground Cables/Utilities, Insurance, Indemnification, Sales and Use Taxes, Permits and Compliance with Laws, Executed Contracts, Subletting or Assigning of Contracts, Liquidated Damages, and Instruction Manuals.
2.05 Compile/Submit Permits. This task includes identifying potential federal, state and local permits needed for the project. When applicable, the Engineer will assist the Sponsor to compile information and submit permits that are required to be obtained by the Sponsor.
2.06 Compile/Submit FAA Form 7460. This task includes preparing and submitting the required FAA Form 7460-1, “Notice of Proposed Construction or Alteration,” via the FAA’s online Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) system on the Sponsor’s behalf. The Engineer will reference FAA Advisory Circular (AC) 150/5300-20 (Current Edition), Submission of On-Airport Proposals for Aeronautical Study, and coordinate with the FAA Project Manager and/or Airspace Specialist to determine the locations of required airspace case studies to be submitted. Generally, such cases are required for any restrictive/critical points where construction operations or proposed alterations may affect navigable airspace. Typically, these locations include (but are not limited to): limits of construction, construction phasing limits, haul routes for construction traffic, asphalt and/or concrete batch plants, and key points of any permanent, above-ground alterations. The Engineer will prepare an exhibit depicting the locations and other information pertinent to the cases’ impact on the airspace to include with the 137
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submission. The Engineer will submit FAA Form 7460-1 and the associated documentation to the FAA via the OE/AAA system for approval a minimum of 45 days prior to the start of construction.
2.07 Calculate Estimated Quantities. This task includes calculating all necessary quantities for the various work items. Quantities must be consistent with the specifications and acceptable quantity calculation practices.
2.08 Prepare Estimate of Probable Construction Cost. Using the final quantities calculated following the completion of the construction plans and specifications, the Engineer will prepare the construction cost estimate. The estimate will be based on information obtained from previous projects, contractors, material suppliers and other available databases.
2.09 Review Plans 90% Complete. During 90% of completion of the design, the Engineer will submit a set of Construction Plans, Specifications, and Contract Documents to the Sponsor for their review.
2.10 Provide In-House Quality Control. The Engineer has an established quality control program that will provide both experienced and thorough reviews of all project submittals and will also provide engineering guidance to the design team throughout design development from an experienced, senior-level Professional Engineer.
Prior to each review set of Construction Plans, Specifications, and Contract Documents being submitted to the Sponsor, a thorough, in-house quality control review of the documents will be conducted. This process will include an independent review of the Construction Plans, Specifications, and Contract Documents, being submitted by a licensed Professional Engineer other than the Engineer who performed the design of the project. Comments will be offered by the Engineer that performed the review, and revisions to the Construction Plans, Specifications, and Contract Documents will be made accordingly.
In addition to the 90% review, the Engineer’s in-house quality control program also provides engineering guidance to the design team throughout the project design in an attempt to steer the project in a manner that provides the best engineering judgment.
2.11 Prepare and Submit Construction Plans, Specifications, and Contract Documents. A final set of Construction Plans (11” x 17”), Specifications, and Contract Documents, will be prepared and submitted to the Sponsor. These documents will incorporate all revisions, modifications, and corrections identified during the final review. Electronic copies will be provided.
TASK 2 DELIVERABLES TO SPONSOR
2.01 Preliminary Contract Documents for Sponsor’s Review
2.06 Submit FAA Form 7460
2.09 90% Construction Plans, Specifications, Contract Documents
2.11 Final Construction Plans, Specifications and Contract Documents TASK 2 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
2.09 Plan Review at 90% complete. • South Lake Tahoe, CA One (1) Project Engineer and one (1) Project Manager
Assume One (1) hour via teleconference (1 meeting)
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3.0 Bidding Phase
3.01 Provide Bid Assistance. The Engineer will assist the Sponsor, as needed, with the preparation of any required bidding documents. Included as part of this task, the Engineer will prepare a legal advertisement for publication in a form of regularly published print media as a solicitation for bids. Additionally, the Engineer will advertise the project Invitation for Bids on their website and directly notify potential contractors and plan rooms in order to maximize project exposure and generate interest in the project.
The Engineer will coordinate payment for the project advertisement(s) and request reimbursement from the Sponsor as a pass-through cost during invoicing.
3.02 Prepare/Conduct Pre-Bid Meeting. The Engineer will conduct the pre-bid meeting and pre-bid site visit in sequence with the Sponsor and contract document requirements.
3.03 Prepare Addenda. Any necessary addenda will be issued to clarify and modify the project, as required, and based on questions or comments that may arise from potential contractors during the bidding process. Any necessary addenda will be reviewed with the Sponsor prior to being issued. The addenda will meet all design and construction standards, as required.
3.04 Consult with Prospective Bidders. During the bidding process, the Engineer shall be available to clarify bidding issues with contractors and suppliers and for consultation with the various entities associated with the project.
3.05 Attend Bid Opening. The Engineer shall attend the bid opening for the project, which will be conducted by the Sponsor.
3.06 Review Bid Proposals. Upon the opening of submitted bid proposals by the Sponsor, the Engineer shall review all the bid proposals submitted. A cost analysis of the bid prices will be completed and tabulated; the contractor's qualifications to perform the work will be included, including review of suspension and debarment rules on the www.Sam.gov website, verification of proposed DBE subcontractors, and project funding review. Inclusion of bid guarantee, acknowledgement of addenda, and in-state licensure verification shall be completed.
3.07 Prepare Recommendation of Award. The Engineer shall prepare a Recommendation of Award for the Sponsor to accept or reject the bids received with a summary of the items listed in Task 3.06. If rejection is recommended, the Engineer will supply an explanation for their recommendation and possible alternative actions the Sponsor can pursue to complete the project.
TASK 3 DELIVERABLES TO SPONSOR
3.01 Required Bidding Documents
3.02 Pre-Bid Meeting Agenda and Pre-Bid Meeting Minutes
3.03 Addenda
3.06 Bid Tabulations
3.07 Recommendation of Award
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TASK 3 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
3.02 Prepare/Conduct Pre-Bid Meeting • South Lake Tahoe, CA One (1) Project Engineer
Assume travel to/from Las Vegas, NV to South Lake
Tahoe, CA with one (1) overnight stay for Project
Engineer for each site visit
EX Reimbursable Costs During Design and Bidding. This section includes reimbursable items such as auto rental, lodging, per diem, and other miscellaneous expenses incurred in order to complete Part A – Basic Services.
PART B - SPECIAL SERVICES consists of the construction administration phase (invoiced on a lump sum basis), and on-site construction coordination phase (invoiced on a cost plus fixed fee basis).
4.0 Construction Administration Phase
4.01 Prepare Construction Contract and Documents. In agreement with the Sponsor, the Engineer shall prepare the Notice of Award, Notice to Proceed, and Contract Agreements, including bonds and insurance documents, which will be updated to include all addenda items issued during bidding, for the Sponsor's approval and signatures.
The Engineer will ensure the construction contracts are in order, the bonds have been completed, and the Contractor has been provided with adequate copies of the Construction Plans, Specifications, and Contract Documents, which will be updated to include all addenda items issued during bidding.
4.02 Provide Project Coordination. The Engineer shall provide project management and coordination services to ensure the completion of all construction management tasks required of the Engineer. These duties include:
Time the Engineer spends planning, organizing, securing and scheduling resources, and providing instruction to staff to meet project objectives as defined in the approved scope of work.
Additional items to be accomplished include compiling and sending additional information requested from the office to related parties, maintaining project files as necessary and other items necessary in day to day project coordination.
Assist with change orders and supplemental agreements as necessary. All change orders and supplemental agreements will be coordinated with the Sponsor prior to execution. All change orders and supplemental agreements will be prepared in accordance with the current edition of the City of South Lake Tahoe Public Improvement and Engineering Standards Clerical staff shall prepare the quantity sheets, testing sheets, construction report format, etc. Office engineering staff, CAD personnel and clerical staff shall be required to assist the Field Personnel as necessary during construction. Specific tasks to be accomplished include providing secondary engineering opinions on issues arising during construction, maintaining project files as necessary and various other tasks necessary in the day-to-day operations. The Engineer will prepare and submit monthly invoicing. 140
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4.03 Prepare/Conduct Pre-Construction Meeting. The Engineer will conduct a pre-construction meeting to review project requirements prior to the commencement of construction. The meeting will be held at the airport and will include the Sponsor, Contractor, subcontractors and airport tenants affected by the project.
4.04 Finalize Sponsor/FAA Reimbursable Agreement and Schedule Flight Check. The Engineer will finalize the coordination of the Reimbursable Agreement and ensure all funds have been paid by the Sponsor to complete the flight check. The Engineer will coordinate the flight check scheduling to coincide with the completion of the project and submit updated VGSI information to the Aeronautical Information Portal.
TASK 4 DELIVERABLES TO SPONSOR
4.01 Notice of Award, Notice to Proceed, and Contract Agreement
4.01 Issue Construction Plans, Specifications, and Contract Documents
4.02 Monthly Invoice
4.02 Pay Request Review Documentation
4.02 Change Orders/Supplemental Agreements
4.03 Pre-Construction Agenda and Meeting Minutes
TASK 4 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
4.03 Conduct Pre-Construction
Meeting
• South Lake Tahoe, CA
One (1) Project Engineer
Assume travel to/from Las Vegas, NV to South Lake
Tahoe, CA with one (1) overnight stay for Project
Engineer for each site visit
5.0 On-Site Construction Coordination Phase
This phase will consist of providing one (1) part-time Construction Manager. It shall be the responsibility of the Construction Manager to facilitate sufficient on-site construction coordination to ensure that the project is completed according to good construction practice and the Project Manager’s direction. It is estimated that it will take 5 calendar days to complete construction of the project, but the Construction Manager will only be on-site for the final inspection. Incidental travel costs, including vehicle usage, mileage, lodging, per diem, etc., are in addition to the engineering hours expended.
5.01 Provide Resident Engineering. The Construction Manager will work approximately 12 hours per day It is assumed that the Construction Manager will be able to complete all daily project documentation in the course of their shift and that total inspection on-site time is anticipated to be 1 calendar day. It is assumed that the Contractor will work five (5) days during the construction period resulting in 5 working days.
The following tasks will be performed during the course of a typical day’s shift during construction:
a. Review construction submittals, including shop drawings and materials proposed for use on the project, submitted by the Contractor, for general conformance with the project’s Plans, Contract Documents and Technical Specifications. The RPR will prepare and maintain a submittal register to log the submittals received. The submittal register will include information on the submitted 141
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items including date received, date returned, and action taken, and will be made available to the Sponsor and Contractor upon request.
b. Review construction tasks for general compliance with the construction documents. c. Coordinate, review, and provide a response to construction and general project Requests for Information (RFIs).
d. Prepare and process field directives and change orders. e. Conduct employee interviews and review Contractor's and subcontractor’s weekly payroll records as required by the State of California. As part of this effort, all payrolls must be reviewed and logged when received. A log identifying current status of reviews and any action taken to correct noted discrepancies, will be provided for Sponsor review at time of Request for Reimbursement processing, as appropriate.
f. Maintain record of the progress of construction, record as-built conditions, and review the quantity records with the Contractor on a periodic basis. g. Prepare the periodic construction cost estimates and review the quantities with the Contractor.
The RPR, Sponsor, and Contractor will resolve discrepancies or disagreements with the Contractor’s records. After compiling all costs, the RPR will submit the periodic construction cost estimate to the Sponsor for payment.
h. Maintain daily logs of construction activities for the duration of time on site.
TASK 5 DELIVERABLES TO SPONSOR
5.01a Coordinate Submittal Reviews
5.01c Coordinate RFIs
5.01d Field Directives and Change Orders
5.01e Payroll Reviews
5.01g Periodic Cost Estimates
TASK 5 ON-SITE PERIODS LOCATION/STAFFING/DURATION
5.01 Provide Resident Engineering • South Lake Tahoe, CA One (1) Resident Project Representative
Assume 1 calendar day for project and two (2) travel
days for a total of 2 night of lodging
EX Reimbursable Costs During and Construction. This section includes reimbursable items such as auto rental, lodging, per diem, travel and other miscellaneous costs incurred in order to complete Part B – Special Services. Section 4 and Sections 5 Reimbursables are invoiced on a time and materials fee basis.
Assumptions
The scope of services described previously, and the associated fees, are based on the following rates and assumed responsibilities of the Engineer and Sponsor.
1. For the purposes of estimating the amount of reimbursable expenses which will be incurred by the Engineer, the cost of per diem and lodging are calculated in accordance with current GSA rates. The actual amount to be invoiced for per diem will be in accordance with the published GSA rate at the time of service and may vary from the rate used in the fee estimate.
Lodging will be invoiced as an actual expense incurred. 142
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2. During periods of On-Site Construction Coordination covered under Task 5, a $5/day surcharge will be added to the daily vehicle charge which will be reflected in the Engineering Fee as a daily “Field Vehicle and Equipment” expense. This surcharge is intended to cover consumables (such as marking paint, lath, etc.) and the replacement of tools (such as measuring wheels, airfield radios, infrared thermometers, etc.) necessary to monitor and identify the various aspects of the work.
3. It is anticipated there will be a minimum number of trips and site visits to the airport to facilitate the completion of the various phases listed in this scope. The number of trips, as well as the anticipated lengths and details of the trips, are included at the end of each phase above.
4. The Sponsor will provide existing mapping data including as-builts available for the project areas, aerial orthoimagery, subsurface conditions information such as prior geotechnical investigations in the project area and other available information in the possession of the Sponsor.
5. The Sponsor will furnish escorts as needed for the Engineer to conduct field work.
6. The Sponsor will coordinate with tenants as required to facilitate field evaluations and construction.
7. All engineering work will be performed using accepted engineering principles and practices and provide quality products that meet or exceed industry standards. Dimensional criteria will be in accordance with FAA AC 150/5300-13 (Current Edition), Airport Design, and related circulars. Construction specifications will be in accordance with FAA AC 150/5370-10 (Current Edition), Standard Specifications for Construction of Airports, for Specifying Construction of Airports and related circulars. Project planning, design, and construction will further conform to all applicable standards, including all applicable current FAA Advisory Circulars and Orders required for use in AIP-funded projects and other national, state, or local regulations and standards, as identified and relevant to an airfield design and construction project.
8. The Engineer will utilize the following plan standards for the project:
Plans will be prepared using the Engineer’s standards, unless the Sponsor provides its own standards upon Notice to Proceed.
Plan elevations will be vertical datum NAVD 88 derived from the existing control network.
Plan coordinates will be based on horizontal datum NAD 83/2011 State Plane Coordinates derived from the existing control network.
All plans will be stamped and signed by a state-licensed Professional Engineer, or Professional Land Surveyor, as required.
Plans prepared by subconsultants will be prepared using the same base maps, the same coordinate systems and the same plan layout and format as plans prepared by the Engineer.
The guidance included in FAA Memorandum, FAA Review of Construction Plans and Specifications for AIP Funded Projects, will be reviewed, incorporated and will supplement the Engineer’s standards.
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9. The Engineer will utilize the following assumptions when preparing the project manual for bidding and construction of the project:
The project manual Contract Documents will be developed jointly by the Sponsor and the Engineer.
The Engineer is responsible for developing the contents of the document and including the Front-End documents which will be supplied by the Sponsor. City of South Lake Tahoe General Provisions and required contract language will be used.
10. The Engineer must maintain records of design analyses and calculations consistent with typical industry standards.
11. Because the Engineer has no control over the cost of construction-related labor, materials, or equipment, the Engineer's opinions of probable construction costs will be made on the basis of experience and qualifications as a practitioner of his/her profession. The Engineer does not guarantee that proposals for construction, construction bids, or actual project construction costs will not vary from Engineer's estimates of construction cost.
Additional Services
The following items are not included under this agreement but will be considered as extra work:
Redesign for the Sponsor’s convenience or due to changed conditions after previous alternate direction and/or approval.
Submittals or deliverables in addition to those listed herein. If a project audit occurs, the Engineer is prepared to assist the Sponsor in gathering and preparing the required materials for the audit.
Serving as an expert witness for the Owner in any litigation, surety claim, contractor bond activation, or other proceeding involving the project.
Additional or extended services during construction made necessary by extension of contract time, non-concurrent work, or changes in the work.
Legal, surety, or insurance support, coordination, and representation.
Extra Work will be as directed by the Sponsor in writing for an additional fee as agreed upon by the Sponsor and the Engineer.
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AIRPORT: Lake Tahoe Airport
AIP/PROJ. NO.:PROJECT NAME: DATE: November 7, 2024
FEE BREAKDOWN LABOR HOUR BREAKDOWNLabor Category
Total
Hours Billing Rate Total Cost Start Date: 10/1/2024 End Date: 11/18/2024 Practice Ldr I Prgrm Dir I Engineer Project Mgr IV Engineer in Training I Quality Control Manager Engineering Techn III Project Coordinator II Engineering Techn II Phase Item Costs
1.0 Preliminary Design Phase (Lump Sum) 1.0 Preliminary Design Phase (Lump Sum) Kirk Nielsen Lee Underwood Zachary Ambariantz Battai Hunton Chris Giessing Robert Bell Cheyenne Yancey Sherilyn Bennion Practice Ldr I 2 hrs. x 320.00$ /hr = 640.00$ 1.01 1 1 1 890.00$ Prgrm Dir I 11 hrs. x 275.00$ /hr = 3,025.00$ 1.02 1 2 4 2 2 2,920.00$ Engineer Project Mgr IV 11 hrs. x 295.00$ /hr = 3,245.00$ 1.03 1 2 2 1,185.00$ Engineer in Training I 4 hrs. x 160.00$ /hr = 640.00$ 1.04 4 8 2,260.00$ Quality Control Manager 2 hrs. x 275.00$ /hr = 550.00$ 1.05 1 2 2 1,185.00$ Engineering Techn III 2 hrs. x 160.00$ /hr = 320.00$ 1.06 2 2 1,140.00$ Project Coordinator II 8 hrs. x 145.00$ /hr = 1,160.00$ -$ Engineering Techn II 0 hrs. x 145.00$ /hr = -$ -$ -$
SUBTOTAL 40 hrs. SUBTOTAL 9,580.00$ -$
-$
Reimbursables -$ Auto Rental Day x 130.00$ /Day= -$ -$ Lodging + Tax & Fees Day x 200.00$ /Day= -$ -$ Per Diem Day x 74.00$ /Day= -$ -$ Travel & Airline Costs Trip x 500.00$ /Trip= -$ -$ SUBTOTAL -$ -$
TOTALS 2 11 11 4 2 2 8 0 9,580.00$
PHASE SUBTOTAL $ 9,580.00 PERCENTAGES 5% 28% 28% 10% 5% 5% 20% 0% Labor Category
Total
Hours Billing Rate Total Cost Start Date: 12/1/2024 End Date: 1/7/2024 Practice Ldr I Prgrm Dir I Engineer Project Mgr IV Engineer in Training I Quality Control Manager Engineering Techn III Project Coordinator II Engineering Techn II Phase Item Costs
2.0 Design Phase (Lump Sum) 2.0 Design Phase (Lump Sum) Kirk Nielsen Lee Underwood Zachary Ambariantz Battai Hunton Chris Giessing Robert Bell Cheyenne Yancey Sherilyn Bennion Practice Ldr I 2 hrs. x 320.00$ /hr = 640.00$ 2.01 2 4 16 3,450.00$ Prgrm Dir I 19 hrs. x 275.00$ /hr = 5,225.00$ 2.02
Engineer Project Mgr IV 18 hrs. x 295.00$ /hr = 5,310.00$ 2 2 640.00$ Engineer in Training I 20 hrs. x 160.00$ /hr = 3,200.00$ 2 2 640.00$ Quality Control Manager 8 hrs. x 275.00$ /hr = 2,200.00$ 1 2 2 915.00$ Engineering Techn III 18 hrs. x 160.00$ /hr = 2,880.00$ 1 2 2 915.00$ Project Coordinator II 6 hrs. x 145.00$ /hr = 870.00$ 1 2 2 915.00$ Engineering Techn II 16 hrs. x 145.00$ /hr = 2,320.00$ 1 2 2 1,185.00$ 1 2 2 1,185.00$ 1 4 2 1,775.00$
2.03 2 4 4 2,370.00$ 2.04 1 2 595.00$ 2.05 1 275.00$ 2.06 2 2 870.00$ 2.07 1 1 570.00$ 2.08 1 1 570.00$ 2.09 2 1 2 1,505.00$ 2.10 8 2,200.00$ 2.11 2 2 2 2 2 2,070.00$ SUBTOTAL 107 hrs. SUBTOTAL 22,645.00$ -$
-$
Reimbursables -$ Auto Rental Day x 130.00$ /Day= -$ -$ Lodging + Tax & Fees Day x 200.00$ /Day= -$ -$ Per Diem Day x 74.00$ /Day= -$ -$ Travel & Airline Costs Trip x 500.00$ /Trip= -$ -$ SUBTOTAL -$ -$
TOTALS 2 19 18 20 8 18 6 16 22,645.00$
PHASE SUBTOTAL $ 22,645.00 PERCENTAGES 2% 18% 17% 19% 7% 17% 6% 15% Labor Category
Total
Hours Billing Rate Total Cost Start Date: 2/1/2025 End Date: 3/15/2025 Practice Ldr I Prgrm Dir I Engineer Project Mgr IV Engineer in Training I Quality Control Manager Engineering Techn III Project Coordinator II Engineering Techn II Phase Item Costs
3.0 Bidding Phase (Lump Sum) 3.0 Bidding Phase (Lump Sum) Kirk Nielsen Lee Underwood Zachary Ambariantz Battai Hunton Chris Giessing Robert Bell Cheyenne Yancey Sherilyn Bennion Practice Ldr I 2 hrs. x 320.00$ /hr = 640.00$ 3.01 2 2 2 4 2,360.00$ Prgrm Dir I 17 hrs. x 275.00$ /hr = 4,675.00$ 3.02 16 4,720.00$ Engineer Project Mgr IV 20 hrs. x 295.00$ /hr = 5,900.00$ 3.03 2 2 2 1,460.00$ Engineer in Training I 2 hrs. x 160.00$ /hr = 320.00$ 3.04 2 550.00$ Quality Control Manager 0 hrs. x 275.00$ /hr = -$ 3.05 8 2,200.00$ Engineering Techn III 2 hrs. x 160.00$ /hr = 320.00$ 3.06 1 2 595.00$ Project Coordinator II 4 hrs. x 145.00$ /hr = 580.00$ 3.07 2 550.00$ Engineering Techn II 0 hrs. x 145.00$ /hr = -$ -$ -$
SUBTOTAL 47 hrs. SUBTOTAL 12,435.00$ -$
-$
Reimbursables -$ Auto Rental 1 Day x 130.00$ /Day= 130.00$ -$ Lodging + Tax & Fees 1 Day x 200.00$ /Day= 200.00 $ -$ Per Diem 1 Day x 74.00$ /Day= 74.00$ -$ Travel & Airline Costs 1 Trip x 500.00$ /Trip= 500.00$ -$ SUBTOTAL 904.00$ -$
TOTALS 2 17 20 2 0 2 4 0 12,435.00$
PHASE SUBTOTAL $ 13,339.00 PERCENTAGES 4% 36% 43% 4% 0% 4% 9% 0% Prepare Preliminary Cost EstimatingProvide Project CoordinationReview Existing Documents LOC-25-01Runway 18 PAPI Rehabilitation
Coordinate Sponsor/FAA Reimbursable Agreement
TASK LABOR CATEGORY
Coordinate and Attend Meetings with the SponsorPrepare Project Scope of Work and Contract TASK
Cover Sheet Index of Drawings/Summary of Approximate Quantities & General NotesSafety Plan
LABOR CATEGORY
Prepare Preliminary Contract DocumentsPrepare Preliminary Construction PlansElectrical Layout PlanElectrical DetailPrepare Preliminary Technical SpecificationsConstruction Layout PlanConstruction Phasing PlanElectrical Demolition PlanCalculate Estimated QuantitiesPrepare Estimate of Probable Construction CostReview Plans at 90% CompletePrepare Preliminary Special ProvisionsCompile/Submit PermitsCompile/Submit FAA Form 7460Provide In-House Quality ControlPrepare and Submit Const. Plans, Specs., and Cont. Docs.
LABOR CATEGORY
Provide Bid AssistancePrepare/Conduct Pre-Bid MeetingPrepare Addenda TASK
Consult with Prospective BiddersAttend Bid OpeningReview Bid ProposalsPrepare Recommendation of Award
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Labor Category
Total
Hours Billing Rate Total Cost Start Date: 3/15/2025 End Date: 6/30/2025 Practice Ldr I Prgrm Dir I Engineer Project Mgr IV Engineer in Training I Quality Control Manager Engineering Techn III Project Coordinator II Engineering Techn II Phase Item Costs
4.0 Construction Administration Phase (Lump Sum) 4.0 Construction Administration Phase (Lump Sum) Kirk Nielsen Lee Underwood Zachary Ambariantz Battai Hunton Chris Giessing Robert Bell Cheyenne Yancey Sherilyn Bennion Practice Ldr I 2 hrs. x 320.00$ /hr = 640.00$ 4.01 2 2 2 2 2 2,120.00$ Prgrm Dir I 24 hrs. x 275.00$ /hr = 6,600.00$ 4.02 4 4 2,280.00$ Engineer Project Mgr IV 6 hrs. x 295.00$ /hr = 1,770.00$ 4.03 16 4,400.00$ Engineer in Training I 2 hrs. x 160.00$ /hr = 320.00$ 4.04 2 2 1,140.00$ Quality Control Manager 0 hrs. x 275.00$ /hr = -$ -$ Engineering Techn III 2 hrs. x 160.00$ /hr = 320.00$ -$ Project Coordinator II 2 hrs. x 145.00$ /hr = 290.00$ -$ Engineering Techn II 0 hrs. x 145.00$ /hr = -$ -$ -$
SUBTOTAL 38 hrs. SUBTOTAL 9,940.00$ -$
-$
Reimbursables -$ Auto Rental 1 Day x 130.00$ /Day= 130.00$ -$ Lodging + Tax & Fees 1 Day x 200.00$ /Day= 200.00 $ -$ Per Diem 1 Day x 74.00$ /Day= 74.00$ -$ Travel & Airline Costs 1 Trip x 500.00$ /Trip= 500.00$ -$ SUBTOTAL 904.00$ -$
TOTALS 2 24 6 2 0 2 2 0 9,940.00$
PHASE SUBTOTAL $ 10,844.00 PERCENTAGES 5% 63% 16% 5% 0% 5% 5% 0% Labor Category
Total
Hours Billing Rate Total Cost Start Date: 6/23/2025 End Date: 6/30/2025 Construction Mgr IV Phase Item Costs
5.0 On-Site Construction Coordination Phase (Cost Plus Fixed Fee) 5.0 On-Site Construction Coordination Phase (Cost Plus Fixed Fee) Construction Mgr IV Construction Mgr IV 20 hrs. x 72.00$ /hr = 1,440.00$ 5
11 12
5.01 12 864.00$
8 576.00$
-$
SUBTOTAL 20 hrs. SUBTOTAL 1,440.00$ -$
-$
Direct Labor Cost = 1,440.00$ -$ Overhead (% of Direct Labor Cost) 207.46% = 2,900.00$ -$ Total Labor Cost = 4,340.00$ -$ Fixed Fee 20% = 1,000.00$ -$ SUBTOTAL PHASE LABOR = 5,340.00$ -$
Reimbursables -$ Auto Rental 2 Day x 135.00$ /Day= 270.00$ -$ Lodging + Tax & Fees 2 Day x 200.00$ /Day= 400.00 $ -$ Per Diem 2 Day x 74.00$ /Day= 148.00$ -$ Travel & Airline Costs 1 Trip x 500.00$ /Trip= 500.00$ -$ SUBTOTAL 1,318.00$ -$
TOTALS 20 0 0 0 0 0 0 0 1,440.00$
PHASE SUBTOTAL $ 6,658.00 PERCENTAGES 100% 0% 0% 0% 0% 0% 0% 0%
CONTRACT HOURS PHASE FEE COSTS TOTAL COST
PART A - BASIC SERVICES (LUMP SUM)1.0 Preliminary Design Phase (Lump Sum) 40 9,580.00$ -$ 9,580.00$
2.0 Design Phase (Lump Sum) 107 22,645.00$ -$ 22,645.00$
3.0 Bidding Phase (Lump Sum) 47 12,435.00$ 904.00$ 13,339.00$ 194 SUBTOTAL 44,660.00$ 904.00$ 45,564.00$
PART B - SPECIAL SERVICES (LUMP SUM)4.0 Construction Administration Phase (Lump Sum) 38 9,940.00$ 904.00$ 10,844.00$ 38 SUBTOTAL 9,940.00$ 904.00$ 10,844.00$
PART B - SPECIAL SERVICES (COST PLUS FIXED FEE)5.0 On-Site Construction Coordination Phase (Cost Plus Fixed Fee) 20 4,340.00$ 1,000.00$ 1,318.00$ 6,658.00$ 20 SUBTOTAL 4,340.00$ 1,000.00$ 1,318.00$ 6,658.00$
TOTAL 252.0 58,940.00$ 1,000.00$ 3,126.00$ 63,066.00$
*For the purposes of estimating the cost of mileage, per diem, and lodging are calculated in accordance with applicable IRS and GSA guidelines. At the time of invoicing mileage will be invoiced in accordance with published IRS rates at the time of service and per diem will be invoiced in accordance with published GSA rates at the time of service. Lodging will be invoiced as actual expense incurred except in the cases where specific client requirements exist that limit lodging to GSA standards.
TASK LABOR CATEGORY
Prepare Construction Contract and DocumentsProvide Project CoordinationPrepare/Conduct Pre-Construction MeetingFinalize Sponsor/FAA Reimbursable Agreement and Schedule Flight Check
LABOR CATEGORY
Estimated Calendar Days from Scope of WorkEstimated Working Days/Week from Scope of WorkTotal Days Scoped for Resident EngineeringEstimated Hours/Day from Scope of WorkProvide Resident EngineeringTravel Time, Mobilization, and Demobilization TASK
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:13
Agenda Item: Amendment No. 1 to Agreement with Mangano Design Engineering Permitting, Inc. (MDEP) for Police Department Roof Repair Design and Construction Support Services Executive Summary: Staff is recommending a contract amendment with MDEP to provide additional services related to the Police Department Roof Repair Desing and Construction Support Services. Staff has negotiated the additional services required to complete the electrical design, ventilation design, and utility evaluation on the roof. The additional budget required is $19,705. With the additional budget, the contract will increase to $79,330. Funding for the project will be from Account 301-60022-48030 – Police Department Remodel. There is currently $754,830 available for this project.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 1 to Agreement with MDEP to add $19,705 for a not-to-exceed contract amount of $79,330 and add one year to the term to expire on December 31, 2025.
Responsible Staff Member: Anush Nejad, Director of Public Works and Ricky Riddle, Construction and Facilities Program Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report - Mangano Amendment.docx
02 - C-169-2023 Mangano Design Engineering Permitting (MDEP) 03-Amendment No. 1 with Mangano Design Engineering Permitting (MDEP).docx 04 - Amendment_RFP 2023-07-26 Letter SLT PD Roof Budget (002).pdf 235
City Council Report December 10, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Amendment #1 to the Contract with Mangano Design Engineering Permitting (MDEP) for the Police Department Roof and Evidence Room Ventilation System Location: Police Department, 1352 Johnson Blvd, South Lake Tahoe Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 and Ricky Riddle, Construction and Facilities Program Manager (530) 542-6027 Background: On June 28, 2024, the City issued a Request for Proposals for design services for the Police Department Roof repairs. Seven Hundred Twenty-Two vendors were notified. On July 26, 2023, the city received one proposal from Mangano Design Engineering Permitting (MDEP).
The proposal was evaluated by the evaluation team including Public Works, Finance and Police departments. The selection panel selected MDEP for this project due their experience in roof repair in mountain region and general qualifications related to the project. The contract was negotiated for a not-to-exceed amount of $59,625 with a completion date of December 31, 2024.
The agreement was executed by the City Manager, under his signing authority, which is $60,000 (Attachment 02).
Issue and Discussion: MDEP has been performing the requested services in a satisfactory manner. However, during the course of design work, due to water leaks in the Evidence Room, it was necessary to evaluate ventilation system in this area, as well as additional electrical upgrades.
The city has requested additional services from MDEP to complete the air ventilation system, electrical upgrades and utility relocation on the roof. The additional services, including additional allowance for construction support services is estimated at $19,705. Attachment 03 is the proposed Addendum 1 for the additional services and time extension for the work. Since the contract amount is over $60,000, City Council approval is required to complete the design and construction support services.
Financial Implications: The current contract with MDEP is $59,625. Staff has negotiated the additional services required to complete the electrical design, ventilation design and utility evaluation on the roof. The additional budget required is $19,705, as described in the attached Addendum #1. With the additional budget, the contract will increase to $79,330. Funding for the project will be from Account 301-60022-48030 – Police Department Remodel. There is currently $754,830 available for this project.
Environmental Considerations: The appropriation of funds for the projects mentioned above is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines (existing facilities).
236
City Council Report December 10, 2024 Page 2 of 2
Policy Implications: This project advances the City Council's Strategic Priorities and Goals, specifically:
Action Item 5.3 (Infrastructure and Maintenance) actively seeking funding to develop sustainable infrastructure projects based on the prioritized capital improvement project list. 237
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CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 29 day of August 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and MANGANO DESIGN ENGINEERING PERMITTING (Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
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2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and completed by December 31, 2024.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $59,625 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
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7. Ownership of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or 240
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any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.
10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel 241
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official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.
In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied. 242
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14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.
15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
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Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual 244
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aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
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c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant:
Provide a copy to:
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 246
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subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted. 247
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23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly. 248
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25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement.
32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT:
By Joseph Irvin (Aug 29, 2023 15:29 PDT)
M G Mangano
By M G Mangano (Aug 25, 2023 15:41 PDT)
Joseph Irvin, City Manager Matthew Mangano,
Principal Engineer/Owner
Date Aug 29, 2023 Date Aug 25, 2023
Business License # 013510
APPROVED AS TO FORM:
By Heather Stroud (Aug 29, 2023 15:28 PDT)
City Attorney
ATTEST:
Date Aug 29, 2023
By Sue Blankenship (Aug 29, 2023 15:38 PDT)
City Clerk
Aug 29, 2023
Date
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
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EXHIBIT A
SCOPE OF SERVICES
251
Final Proposal for Police
Department Roof Repair
RFP 2023-07-26
South Lake Tahoe, CA
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Appendix A
August 17, 2023
Director of Public Works
City of South Lake Tahoe
1740 D Street
City of South Lake Tahoe, California 96150
Subject: Proposal for Police Department Roof Repair - RFP 2023-07-26 Dear Director of Public Works,
On behalf of Mangano Design Engineering Permitting [MDEP, Inc.], I am pleased to submit this proposal for the Police Department Roof Repair project, as detailed in RFP 2023-07-26. MDEP is honored to have the opportunity to participate in this vital project and contribute our expertise in architectural and engineering services to address the roof repair needs of the South Lake Tahoe Police Station.
Identification of Firm
Mangano Design Engineering Permitting [MDEP, Inc.]
6435 Caminito Blythefield Suite G
La Jolla, CA 92037
Phone: (858)-886-7207
Email: [email protected]
Contact Person
Name: Carter Chopskie
Title: Business Manager
Address: 6435 Caminito Blythefield Suite G La Jolla, CA 92037 253
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Phone: (858)-886-7207
Email: [email protected]
Statement of Proposal Validity
This proposal shall remain valid for a period of not less than 90 calendar days from the date of submission.
As the authorized representative of MDEP, I affirm that we are fully prepared and committed to undertaking the Police Department Roof Repair project in strict compliance with the requirements outlined in the RFP. We understand the significance of this infrastructure project for the City of South Lake Tahoe and are dedicated to delivering exceptional results in line with your objectives and timeline.
MDEP is a leading engineering firm with a proven track record of successful projects in the field of architectural, engineering, and related services. Our team of highly skilled engineers possesses the expertise and experience required to execute the proposed roof repair, including the replacement of wood shingle mansards, the installation of new insulation and pitch, the integration of a single-ply membrane roof system, the feasibility of redirecting roof drainage to the building's exterior, and the replacement of the ventilation system.
We assure the City of South Lake Tahoe that our approach is firmly grounded in adherence to local regulations and best practices. Our commitment to engineering excellence, safety, and environmental consciousness aligns perfectly with the project's objectives, ensuring a successful outcome that benefits the community and the Police Department alike.
Thank you for choosing MDEP as a partner for the Police Department Roof Repair project. We are excited about working with the City of South Lake Tahoe and contributing our expertise to this important infrastructure enhancement.
Sincerely,
Carter Chopskie
Business Manager, MDEP Inc.
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Understanding the Project Scope
The City of South Lake Tahoe seeks a qualified professional architect or engineer experienced in Mountain conditions to undertake the replacement and repair of the Police Department's roof, insulation, and pitch. Additionally, the project involves the installation of a single-ply membrane roof system and the possible replacement of wood shingle mansards with composition shingles or standing seam metal. The City desires to redirect all interior drain scuppers and implement a new ventilation system for the Evidence Room. The estimated project budget is approximately $600,000, considering the unique challenges of the Mountain environment and aiming for a life span of 20 years.
Scope of Services for MDEP to Cover
MDEP will cover these following services as outlined in the Scope of Services:
1. Conduct a site inspection(s) of the Police Department at 1352 Johnson Blvd., South Lake Tahoe, CA 96150.
2. Review the Roof and Mansards conditions, including the current utilities installed on the rooftop.
3. Review internal conditions where leakage has occurred, primarily in the Evidence Room, lockers, and front entrance.
4. Review the County portion of the roof, which was recently upgraded with Sheet Metal.
5. Recommend the best means to upgrade and repair the roofing, drainage system, and installation of a ventilation system for the Evidence Room.
6. Prepare Estimates of probable cost for the roof and mansards repair and ventilation system.
7. Prepare Specifications and Details for Bidding purposes.
8. Provide support services during repair/construction.
9. Meet with City and PD staff to review design and upgrade options.
10. Prepare Feasibility Option Analysis Memo.
11. Prepare Engineers Estimate.
12. Details and Specifications for Roof Repair/Drainage System/Ventilation Upgrade/ Internal Space Leakage Remediation.
13. Assistance during bidding and construction phases.
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14. Meeting with the City either virtually or in person during the course of design and construction.
15. Other services as required for the design and implementation of the project.
MDEP will cover the required mechanical work for the ventilation system replacement by utilizing the following subcontractor:
H+W Engineering
● Contact: Tom Harmon, PE
● Address: 1810 Gillespie Way #207, El Cajon, CA 92020
● Phone: (619) 659-8234
● Email: [email protected]
Company/Team History, Background & Experience with Roof Design and Remediation
MDEP is a premier engineering firm and a smaller S corporation with a rich history of excellence, specializing in structural design and permitting. Our dedicated team of seven professionals brings together a diverse range of expertise, including three engineers, an architect, an engineering intern, and two support staff members. Since our establishment in 2014, we have been committed to delivering exceptional services for all our projects, regardless of scale or complexity.
Organizational Structure and Geographic Reach
At MDEP, we operate solely out of our corporate headquarters in La Jolla, CA, which serves as the primary center of coordination and execution for all projects. However, despite being headquartered in La Jolla, our expertise extends across the state of California, including mountainous regions. Our team has extensive experience with projects and structural assessments throughout the state, making us a reliable partner for the City of South Lake Tahoe.
Experience with Building Design, Roof Design, and Remediation in High Elevations and Snow Loads
Over the years, MDEP has gained invaluable experience in building design, roof design, and remediation, including challenging mountain environments with high elevations and heavy snow loads. Our project portfolio includes successful execution of various roofing projects, such as single-ply 256
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membrane roof systems, wood shingle mansard replacements,standing seam metal installations, and drainage system upgrades, including those designed to withstand the unique challenges of high elevations and heavy snow loads. Our expertise and dedication to safety and sustainability ensure that our projects not only meet the highest technical standards but also contribute to the long-term environmental and structural resilience of the buildings.
Specialization in Structural Engineering Excellence
At MDEP, our expertise in Structural Engineering forms the cornerstone of our comprehensive suite of engineering services. While our core focus lies in designing robust and code-compliant structures, we take a holistic approach to meet the diverse needs of our clients. Our commitment to excellence extends beyond design to encompass structural assessments, construction support, and innovative design services, all underpinned by a dedication to safety, functionality, and sustainability.
Structural Assessment and Construction Support
Our team excels in conducting thorough structural assessments, critically evaluating the stability and performance of existing structures. Through rigorous analysis and advanced testing methods, we identify areas of concern, recommend remedial actions, and provide invaluable insights to optimize structural integrity and safety. Whether it's evaluating the retrofitting needs of a historical building or conducting a condition assessment of aging infrastructure, our engineers are equipped to deliver accurate and actionable recommendations.
MDEP is committed to facilitating a smooth construction process. Our engineers remain actively involved on-site, responding promptly to contractor inquiries through Requests for Information, and offering accurate specifications and materials selection information. With our hands-on approach, we ensure that construction proceeds seamlessly and in adherence to the project's engineering requirements. Our collaborative approach extends to working closely with contractors, subcontractors, and other stakeholders, promoting effective communication and timely resolution of engineering-related challenges during the construction phase.
Innovative Design Services and Project Expertise
In addition to our expertise in traditionalstructural design, we leverage cutting-edge technologies and advanced software, including Bluebeam Revu, Enercalc, RetainPro, AutoCAD, Revit, RISA, and Excel to ensure top-quality design products. Our optimization process prioritizes longevity, resilience, 257
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and sustainability while embracing architectural harmony and aesthetics in all our solutions. Not only do our projects align with clients' visions, but they also contribute to a greener and more environmentally conscious future.
Team Structure and Background
While MDEP has yet to designate a specific project manager for this endeavor, we are committed to promptly appointing one before finalizing any agreements. Our team comprises skilled and dedicated professionals who are well-equipped to oversee and execute the project with excellence. The qualifications and experiences of our team members, detailed below, ensure that the project will be led by knowledgeable and capable individuals who uphold MDEP's commitment to engineering excellence.
Key Employees: Will Perform Work on Project
● Matthew Mangano, PE - Principal/Owner
● Lenard Tran, PE - Project Engineer
● Xander Simpson, EIT- Project Engineer/Design Engineer ● Ivan Valdivia-Architectural Designer
Support Employees
● Carter Chopskie - Business Manager
● Alma Mendoza - Director of Finance
● Fernanda Torres - Engineering Intern
Key Employee Resumes
Name and Title: Matthew Mangano, PE, M ASCE - Principal/Owner Professional Background
Education: Bachelor of Science in Civil/Environmental Engineering from Rutgers University Licenses: Licensed Professional Engineer in Arkansas, California, Colorado, Florida, North Carolina, Nevada, Oregon, Tennessee, Texas, and Utah. CalOES SAP #84427. ICC Building Inspector #B5-8685288. ICC Commercial Building Inspector #B2-8685288. ICC Residential Building Inspector #B1-8685288.
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Memberships: American Institute of Steel Construction, The Masonry Society, International Code Council, La Jolla Community Planning Association, Structural Engineers Association of California, La Jolla Historical Society (Board of Directors), American Society of Civil Engineers, Bird Rock Community Council, Rutgers University Alumni Association of San Diego Work Experience
Environmental Engineering Intern at AV Agovino Associates, LLC (August 2010 - May 2011) ● Practical field training in the contamination assessment/remediation of local sites in the Central New Jersey region.
● Assessment of the extent of soil and groundwater contamination related to releases from petroleum hydrocarbon underground storage tanks.
Structural Engineering Design Consultant at Turley Engineering (November 2012 - March 2015)
● High-volume project engineering for residential additions and new construction. ● Original design applying engineering techniques and analysis within the structural discipline. ● Structural layout and design calculations including wind/seismic lateral and shear modeling, beam/column/foundation analysis, and design.
● Site inspection and framing analysis.
● Professional Use of Enercalc, AutoCAD, Microsoft Excel, Forte 4.5, Simpson Software.
Structural Engineering Consultant at Patterson Engineering, SD (March 2015 - March 2019) ● Structural engineering analysis and design for a variety of structures including high-end residential, multi-family, mixed-use, commercial tenant improvements, and breweries. ● Engineering design calculation, detailing, drawings, and reports of wood, masonry, concrete, and steel structures.
● Specifications, engineering reports, and technical document preparation and review. ● Client meetings, business development, site visits, and structural observation. ● Professional use of Bluebeam Revu, Enercalc, RetainPro, AutoCAD, Revit, Risa 3D, RisaFloor, Excel, and Engineering Spreadsheets, Simpson Software, Forte, BC Calc.
Structural Engineer at LPA, Inc. (June 2018 - September 2019) ● Structural engineering analysis and design for commercial and biotech buildings. 259
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● Structural engineering and architectural design input for schools working with the Department of the State Architect (DSA).
● Project design coordination and construction administration with multiple owners, districts, contractors, and manufacturers.
● Professional Use of RAM, RISA, Newforma, Deltek, Bluebeam, Enercalc, RetainPro, AutoCAD, Revit, Excel, Hilti Profis Suite.
Structural Project Manager at Mellor Engineering (June 2017 - April 2020) ● Forensic engineering.
● Investigative inspection and observation.
● Cause and origin reporting.
Principal Engineer, President/CEO at MDEP, Inc. [Mangano Consulting] (January 2014 - Present)
● Engineering design calculation, detailing, drawings, and reports of wood, masonry, concrete, and steel structures.
● Specifications, engineering reports, and technical document preparation and review. ● Client meetings, business development, site visits, and structural observation. ● Management of the Maintenance Assessment District for Bird Rock, La Jolla.
References
● Ian Mellor, PE, SE, Mellor Engineering Contact: (619)-252-1168, Email:
[email protected]
● Bryan Seamer, SE, LPA Design Studios Contact: (949) 261-1001, Email:
[email protected]
Name and Title: Lenard Tran, PE, M ASCE - Project Engineer Professional Background
Education: Bachelor of Science in Civil Engineering from the University of California, Berkeley.
Master's in Structural/Earthquake Engineering from UCLA.
Licenses: California Professional Engineer, CALOES Disaster Service Worker #86478. 260
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MANGANO DESIGN ENGINEERING PERMITTING
Memberships: American Society of Civil Engineers, Engineers Without Borders-San Diego, Structural Engineers Association of San Diego, American Red Cross.
Work Experience
Engineer at BORM International (August 2015 - November 2015) ● Performed drafting and drawing details according to specification and company's standards. ● Inspected truss drawings to ensure compliance with the engineer's design and requirements. ● Updated Construction Manager for progress in constructions after finished site observations. ● Utilized software such as Excel and LAVA to design and analyze one to two-story residential buildings.
Junior Engineer at Mour Group Engineering + Design (November 2015 - November 2016) ● Designed and engineered residential and commercial projects including wood and steel mezzanine floors, composite beams, brace frames, trusses, canopy, pad footings, retaining walls, and grade beams.
● Issued complete detailed drawings for all designs according to strict NDS standards for wood, ACI-318, ASCE standards for concrete, and AISC and ASCE7 for steel structures. ● Utilized ETABS, RISA-2D, Profis, Forte, AutoCAD, and related software to establish 2-D and 3-D structural models, design drawings, and calculation reports.
Structural Project Engineer at Patterson Engineering, Inc. (July 2018 - August 2019) ● Principal work includes structural engineering analysis and design of wood, masonry, concrete, and steel structures using Excel, Risa, Enercalc, and other proprietary software. ● Prepared accurate details, specifications, engineering reports, and similar technical documents. ● Served as a key contact between design team, client, and project management. ● Tracked and evaluated project progress, drawings, submittals, and recommended changes. ● Functioned as a Project Manager or a Design Engineer on projects as necessary.
Structural Design Engineer at Patterson Engineering, Inc. (November 2016 - July 2018) ● Engaged in report preparation, including verifying architectural plans, performing engineering analysis, drafting structural drawings, and finalizing calculation packages with quality control. ● Actively involved in residential and commercial projects, designing wood, concrete, steel beams, shallow and deep foundations, retaining walls, concrete, and masonry shear walls. 261
MANGANO DESIGN ENGINEERING PERMITTING
● Collaborated with team members and supervisors during the design phase for cost-effective solutions to ensure high-quality and time-efficient performance of all projects. ● Functioned as a Drafter or a Project Engineer on projects as necessary.
Civil Structural Engineer at US Army Corps of Engineers (August 2019 - Present) ● Coordinated structural design and foundation requirements with other disciplines of the Division to provide a coordinated and comprehensive design product on matters such as survey, soil boring data, phasing of construction, and extent of damages to existing structures. ● Prepared all designs, amendments, and modifications utilizing computer-aided design and structural software packages.
● Performed field investigations of civil works flood control structures for periodic safety inspection prior to preparation of preliminary plans for redesign. ● Responded to RFI from field personnel relative to structural problems during the construction of structural features of projects.
● Performed Architect/Engineer peer reviews.
Project Engineer at MDEP Inc., La Jolla, CA (2020-Present) ● Utilize ETABS, RISA-2D, Profis, Forte, AutoCAD, Excel, Risa, Enercalc, and other proprietary software to establish 2-D and 3-D structural models, design drawings, and calculation reports for structural engineering analysis and design of wood, masonry, concrete, and steel structures.
● Involved in diverse projects including dams, levees, high-end custom residential, breweries, swimming pools, commercial buildings, and parking structures. ● Expert in dynamic modeling and precision review services.
References
● Curtis Patterson, PE, Patterson Engineering Contact: (858) 605-0937 Email:
[email protected]
● Kenneth O’Dell, SE, MHP Structural Engineers Contact: (562) 985-3200 Email:
ko’[email protected]
Name and Title: Xander Simpson, EIT - Project/Design Engineer Professional Background
6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com 262
6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com
MANGANO DESIGN ENGINEERING PERMITTING
Education: University of California, San Diego - BS in Structural Engineering Licenses: Engineer in Training (EIT)
Memberships: Structural Engineers Association of California, International Code Council, La Jolla Historical Society.
Work Experience
Project/Design Engineer at MDEP, Inc. (2019-Present)
● Site investigation and documentation of as-built framing for existing structures. ● Gravity and lateral design analysis for new, single-family residences. ● Structural detailing for light-frame buildings including lumber, steel, concrete, and masonry. ● Drafting and modeling of construction documents.
● Construction administration for observation and requests for information.
References
● Jahlel Hunter, Nautilus Construction Contact: (858)-405-6135 Email:
[email protected]
● Tony Crisafi, Island Architects Contact: (858) 459-9291 Email: [email protected] Name and Title: Ivan Valdivia - Architectural Designer
Education: Tijuana Technical Institute: Architecture.
Skills: Revit, 3DS Max, AutoCAD, Navisworks, SketchUp, Vray, Corel Draw, Photoshop, Excel.
Work Experience
Junior Architect at Tallet V Architecture 2005 - 2013
● Architectural design and building of houses.
● Architectural design and building of restaurants.
● Development of construction plans and visual media for a car dealership. ● Development of construction plans and visual media for Recreational facilities (multipurpose).
Designer at Hyson Assemblies 2010-2013
● Design and proposal for landscape irrigation systems. ● Drafting of irrigation systems according to product specs and customer needs. 263
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MANGANO DESIGN ENGINEERING PERMITTING
Project Manager at Nacif Serio Architects 2011-2015
● Architectural design and development of construction plans for Fitness clubs (Sports World, C+).
● Architectural design and development of construction plans for housing and residential complexes.
● Apartment building construction and detailing.
Infrastructure Coordinator at City Hall XXII, Tijuana City Council 2011-2019 ● Organize and schedule the revision of the Bus stations, for their correct operation. ● Coordinate the maintenance and improvement of the infrastructure.
Project Architect at Makro Construction 2013-2015
● Special system coordination and interior design of a Business Center. ● Landscape design, development of construction plans, and construction supervision of Houses.
● Conceptual design of a Shopping center.
● Architectural design and construction plans for a housing complex.
Building Information Modeler at SCA Real Estate 2019-2021 ● Building information modeling and development of construction plans for shopping centers. ● Development of construction plans for a Town Center.
2021-Present: MDEP, Inc - Architectural Designer
● Utilize Revit, 3DS Max, AutoCAD, Navisworks, SketchUp, Vray, Corel Draw, Photoshop, and Excel to create detailed architectural designs and visual representations for various projects. ● Collaborate with the engineering team to ensure seamless integration of architectural plans with structural designs for optimal functionality and aesthetics.
References
● Robert Cermak, Cermak Construction Contact: (619)-339-3774 Email:
[email protected]
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MANGANO DESIGN ENGINEERING PERMITTING
● Andy Field, Director La Jolla Parks & Beaches Contact: (619)-235-1110 Email:
[email protected]
Description of Recent Projects/References
MDEP is proud to present a selection of recent projects that showcase our expertise and commitment to delivering outstanding engineering solutions. Over the past five years, we have undertaken various ventures, collaborating with reputable clients and firms to achieve successful outcomes. The following descriptions highlight our capabilities in addressing diverse challenges and our dedication to excellence in every project we undertake.
Project 1: RPG Tesla Encinitas
● Project Number: 2202-29
● Project Date: March 2022
● Project Address: 1302 Encinitas Blvd Encinitas, CA 92024 ● Client: Tesla Encinitas
● Architect/Consulting Firm: SmithGroup
● Contact Person: Kevin Sander, Architectural Designer (619)-329-6583 Overview/Scope of Work
The RPG Tesla Encinitas-SmithGroup project involved the conversion of an existing BMW dealership located at 1302 Encinitas Blvd, Encinitas, CA, into a new Tesla service center. As part of this transformation, Tesla had specific requirements for the lifts used in their service bays, necessitating detailed structural analysis and retrofits to ensure compliance with their standards. The project required a comprehensive assessment of the existing building's structural elements, particularly the slabs and footings, to determine their suitability for accommodating Tesla's service bay lifts. As-builts for the space were not available initially, but a scanning process was planned to obtain accurate measurements and identify the necessary retrofit needs.
Project 2: Oceanside Police Association Building Renovation ● Project Number: 2209-127
● Project Date: September 2022 - November 2022
● Project Location: 4141 Avenida De La Plata, Oceanside, CA 92056 ● Project Status: Completed
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MANGANO DESIGN ENGINEERING PERMITTING
● Client: Oceanside Police Association
● Client's Primary Contact: Rich Anderson - Architect
● Phone: (760)-402-0442
● Email: [email protected]
Description/Scope of Services
The primary objective of the project was to reconfigure the existing non-compliant ADA restrooms on the first floor to meet current code requirements. Additionally, the clients expressed the need to add a pair of restrooms on the second floor. Our team devised an innovative solution by stacking the restrooms with an identical footprint and floor plan, ensuring the most economical approach. The first floor was structurally enhanced to support the second-floor addition effectively. In response to the client's requirements, MDEP introduced new open office spaces on the second floor. To support the added floor, we strategically installed posts, ensuring stability and seamless integration with the existing structure. The wall adjacent to the open gym on the second floor was framed to the bottom of the existing roof structure. A t-bar dropped ceiling grid was utilized for the ceiling above the second floor, while the ceiling/floor above the first floor was constructed using Gypsum Board. One of the project's complexities was aligning the new floor joists with the existing second-floor height, maintaining an 8' ceiling on the first floor and a 9' ceiling on the second floor above the first. The project encompassed improving the existing walls between the suites, which were 7" +/- tilt-ups. Our team meticulously addressed these walls, ensuring their structural integrity and compatibility with the renovated space.
Project 3: Beachwood HB
● Project Number: 2108-92
● Project Date: September 2021
● Project Address: 5205 Warner Ave. Huntington Beach, CA 92649 ● Client: Beachwood Brewing
● Client’s Primary Contact: Frank Wright, CLTVT (310)-750-8939 Description/Scope of Work
The project involved multiple coordination points to ensure the seamless integration of structural elements with architectural and mechanical requirements. MDEP addressed the following key aspects:
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MANGANO DESIGN ENGINEERING PERMITTING
● Perforation Discrepancies: MDEP confirmed the perforation discrepancies on the west wall of the building, which directly impacted the lateral force-resisting system (LFRS). The team provided design solutions, ensuring the structural integrity of the wall while accommodating architectural preferences.
● Anchorage for New Cold Box: MDEP requested and obtained manufacturer specifications for the new cold box. The team meticulously calculated and detailed the anchorage to the existing slab to support the condenser's weight.
● Hanging and Bracing Non-Structural Ceiling Conditions: In collaboration with the project team, MDEP utilized light-gauge metal framing for non-structural ceiling soffits. This approach offered a lighter and more efficient attachment to the existing structure. For low-height bar walls, metal studs with low wall support posts/brackets and plywood sheeting were utilized, providing a robust solution for the design requirements. ● Load-Bearing Wall Identification: MDEP identified the load-bearing walls in consideration of the extensive truss spans, spanning almost 60 feet. The team worked closely with the architectural team to propose new beams at the locations where walls were being removed, ensuring structural stability and continuity.
● Fencing Details: MDEP designed the fencing with HSS2x2x1/8 dimensions anchored into the concrete with a 12” diameter flagpole footing. The 6’ maximum height of the fencing was carefully accounted for, and the steel thickness was adjusted to resist deflection caused by wind loads.
● Mechanical Equipment Load Capacity: MDEP collaborated with the Mechanical Engineer to obtain unit specification information for the placement of mechanical equipment over the new platform within existing trusses. The load capacity of the trusses was thoroughly calculated and justified, complying with CEBC Section 500 requirements. 267
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EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $44,625
Hourly Rate: $140-260/hour
Travel and out-of-pocket expenses $ 5,000
(travel is included in the TOTAL (not to exceed amount) Mechanical Engineering Subcontractor Engagement $10,000 TOTAL (not to exceed) $59,625
TIMELINE
Phase 1: Project Initiation and Assessment ‐ 4 weeks
Phase 2: Design and Recommendations ‐ 6 weeks
Phase 3: Documentation and Specifications ‐ 4 weeks
Phase 4: Construction Support ‐ 6 months
*Please note that the proposed schedule is subject to change based on factors such as project complexity, weather conditions, and coordination with the City of South Lake Tahoe and PD staff. Our commitment to delivering outstanding engineering services remains steadfast, and we will work closely with the City to refine and finalize the work plan, fee, and schedule to ensure they align perfectly with the project's requirements and expectations. 268
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EXHIBIT C
ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Consultant:
Matthew Mangano, Principal Engineer/Owner
M G Mangano
By: M G Mangano (Aug 25, 2023 15:41 PDT)
269
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
8/17/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Macario Insurance Group
440 Stevens Ave
Ste 200
Solana Beach CA 92075
CONTACT David Macario NAME:
PHONE (858) 764-0583 (A/C, No, Ext): FAX
(A/C, No): E-MAIL [email protected] ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : RLI INS CO 13056
INSURED
Matthew Mangano, DBA Mangano Consulting, DBA Mangano Design Engineering Permitting 6435 CAMINITO BLYTHEFIELD
Suite G
LA JOLLA CA 92037-5851
INSURER B : PACIFIC INS CO LTD 10046
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A
✘COMMERCIAL GENERAL LIABILITY
Y Y PSB0008640 01/10/2023 01/10/2024
EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE ✘OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ✘ PROPOLICY JECT LOC
OTHER:
PRODUCTS - COMP/OP AGG $ 2,000,000
$
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE (Per accident) $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A PSW0004803 01/10/2023 01/10/2024
✘PER
STATUTE OTH- ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
B Professional Liability 01OH0557991-23 08/01/2023 08/01/2024 Each Claim
Aggregate
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe CA 96150
AUTHORIZED REPRESENTATIVE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
270
Dear Policyholder:
As your Workers’ Compensation insurer, RLI is pleased to offer you automatic participation in our California Medical Provider Network (CA MPN) Plan. RLI has partnered with our claim handling service, Gallagher Bassett and provider network Coventry/First Health to provide access to an extensive MPN with physicians who understand Workers’ Compensation requirements.
There are many benefits of the California MPN for you and your employees including:
• A dedicated phone line to assist in finding a doctor in your area • Prompt medical care by providers who specialize in work related injuries • Reduction of medical costs
• Control over the treating medical providers for the life of the work comp claim • Better medical treatment outcomes
• Faster return to work as medically appropriate
• Keeping your Workers’ Compensation premium costs to a minimum In order to take advantage of the many benefits afforded by the CA MPN, you need only:
1. Post the attached DWC-7 at your workplace with the MPN information displayed (both English and Spanish).
2. Select network providers in your area and post a list of those providers next to the DWC-7. See the attached MPN checklist for details.
3. Provide the injured worker with the attached MPN Employee Full Written Notification at the time of injury or when the claim is reported.
Note that failure to post the DWC-7 or not promptly providing the Full Written MPN Notification to the employee at time of injury could result in losing the above MPN benefits, increased claims costs as well as potential fines from the state.
In addition to following the notification requirements we also recommend the following:
• Review your procedures for handling work-related injuries, your modified duty policy and your safety committee operation with your management staff • Report all Workers' Compensation claims to RLI promptly by phone at 877-863-5095 If your company choosesto opt out of the California MPN you will need to notify us ASAP. Please complete the attached “Opt Out” form and e-mail to [email protected].
Sincerely,
RLI Insurance Company
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RLI Insurance Company
CALIFORNIA FIRST HEALTH MEDICAL PROVIDER NETWORK (MPN)
EMPLOYER CHECKLIST
Gallagher Bassett Services, Inc.
MPN Name: Gallagher Bassett/First Health MPN
DWC MPN Identification Number: 2396
Dear RLI Policyholder:
Here are the steps you need to follow in order to take advantage of the California Medical Provider Network.
1. Post the attached DWC-7 in both English and Spanish. Note you will need to fill in the following on the DWC-7:
a. MPN effective date - use the effective date of your Workers’ Compensation policy
b. Policy expiration date - use the expiration date of your Workers’ Compensation policy
2. Create a medical provider list for each of your California locations and post it next to the DWC-7. At minimum you should select an occupational medical clinic, urgent care clinic or an acute care hospital from the MPN to serve as your designated initial injury treatment facility for each of your California locations. Go to the Coventry/ First Health website https://www-sf.talispoint.com/gb/gbfhmpnselect/ to search for medical providers in the network.
Once in the website you can search for individual providers or select “Batch” from top menu and enter your zip code to populate a list of network providers in your area and print out a preformatted provider list to post. You can also call the Gallagher Bassett MPN hotline at 1-855-203-2845, and select Option 4 for the “First Health Network”. If calling, you will need to provide the MPN name and identification # listed above.
3. When the injury is reported or at the time of injury, the injured worker must receive the attached Full Written MPN Notification as soon as possible. The English version is given to English speaking employees and the Spanish version is given to Spanish speaking employees.
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DWC-7
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DWC 7 (1/1/2016)
Your employer may not be liable for the payment of workers' compensation benefitsfor any injury that arisesfrom your voluntary participation in any off-duty, recreational, social, or athletic activity that is not part of your work-related duties.
STATE OF CALIFORNIA - DEPARTMENT OF INDUSTRIAL RELATIONS Division of Workers' Compensation
Notice to Employees--Injuries Caused By Work
You may be entitled to workers' compensation benefits if you are injured or become ill because of your job. Workers' compensation covers most work-related physical or mental injuries and illnesses. An injury or illness can be caused by one event (such as hurting your back in a fall) or by repeated exposures (such as hurting your wrist from doing the same motion over and over).
Benefits. Workers' compensation benefits include:
• Medical Care: Doctor visits, hospital services, physical therapy, lab tests, x-rays, medicines, medical equipment and travel costs that are reasonably necessary to treat your injury. You should never see a bill. There are limits on chiropractic, physical therapy and occupational therapy visits.
• Temporary Disability (TD) Benefits: Payments if you lose wages while recovering. For most injuries, TD benefits may not be paid for more than 104 weeks within five years from the date of injury. • Permanent Disability (PD) Benefits: Payments if you do not recover completely and your injury causes a permanent loss of physical or mental function that a doctor can measure.
• Supplemental Job Displacement Benefit: A nontransferable voucher, if you are injured on or after 1/1/2004, your injury causes permanent disability, and your employer does not offer you regular, modified, or alternative work. • Death Benefits: Paid to your dependents if you die from a work-related injury or illness.
Naming Your Own Physician Before Injury or Illness (Predesignation). You may be able to choose the doctor who will treat you for a job injury or illness. If eligible, you must tell your employer, in writing, the name and address of your personal physician or medical group before you are injured. You must obtain their agreement to treat you for your work injury. For instructions, see the written information about workers' compensation that your employer is required to give to new employees.
If You Get Hurt:
1. Get Medical Care. If you need emergency care, call 911 for help immediately from the hospital, ambulance, fire department or police department. If you need first aid, contact your employer.
2. Report Your Injury. Report the injury immediately to your supervisor or to an employer representative. Don't delay. There are time limits. If you wait too long, you may lose your right to benefits. Your employer is required to provide you with a claim form within one working day after learning about your injury. Within one working day after you file a claim form, your employer or claims administrator must authorize the provision of all treatment, up to ten thousand dollars, consistent with the applicable treatment guidelines, for your alleged injury until the claim is accepted or rejected.
3. See Your Primary Treating Physician (PTP). This is the doctor with overall responsibility for treating your injury or illness. • If you predesignated your personal physician or a medical group, you may see your personal physician or the medical group after you are injured.
• If your employer is using a medical provider network (MPN) or a health care organization (HCO), in most cases you will be treated within the MPN or HCO unless you predesignated a personal physician or medical group. An MPN is a group of physicians and health care providers who provide treatment to workers injured on the job. You should receive information from your employer if you are covered by an HCO or a MPN. Contact your employer for more information. • If your employer is not using an MPN or HCO, in most cases the claims administrator can choose the doctor who first treats you when you are injured, unless you predesignated a personal physician or medical group.
4. Medical Provider Networks. Your employer may be using an MPN, which is a group of health care providers designated to provide treatment to workers injured on the job. If you have predesignated a personal physician or medical group prior to your work injury, then you may go there to receive treatment from your predesignated doctor. If you are treating with a non-MPN doctor for an existing injury, you may be required to change to a doctor within the MPN. For more information, see the MPN contact information below:
MPN website: https://www-sf.talispoint.com/gb/gbfhmpnselect/ MPN Effective Date: _1/1/2020 MPN Identification number: _2396 If you need help locating an MPN physician, call your MPN access assistant at: 1-855-446-9021 If you have questions about the MPN or want to file a complaint against the MPN, call the MPN Contact Person at: 1-855-203-2845 Discrimination. It is illegal for your employer to punish or fire you for having a work injury or illness, for filing a claim, or testifying in another person's workers' compensation case. If proven, you may receive lost wages, job reinstatement, increased benefits, and costs and expenses up to limits set by the state.
Questions? Learn more about workers' compensation by reading the information that your employer is required to give you at time of hire. If you have questions, see your employer or the claims administrator (who handles workers' compensation claims for your employer):
Claims Administrator Gallagher Bassett Services - 094 Phone 1-866-841-0167 Workers’ compensation insurer RLI Insurance Company (Enter “self-insured” if appropriate) You can also get free information from a State Division of Workers' Compensation Information (DWC) & Assistance Officer. The nearest Information & Assistance Officer can be found at location: or by calling toll-free (800) 736-7401. Learn more information about workers’ compensation online: www.dwc.ca.gov and access a useful booklet “Workers’ Compensation in California: A Guidebook for Injured Workers.” False claims and false denials. Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers' compensation benefits or payments is guilty of a felony and may be fined and imprisoned.
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DWC 7 (1/1/2016)
Es posible que su empleador no sea responsable por el pago de beneficios de compensación de trabajadores para ninguna lesión que proviene de su participación voluntaria en cualquier actividad fuera del trabajo, recreativa, social, o atlética que no sea parte de sus deberes laborales.
ESTADO DE CALIFORNIA - DEPARTAMENTO DE RELACIONES INDUSTRIALES División de Compensación de Trabajadores
Aviso a los Empleados—Lesiones Causadas por el Trabajo
Es posible que usted tenga derecho a beneficios de compensación de trabajadores si usted se lesiona o se enferma a causa de su trabajo. La compensación de trabajadores cubre la mayoría de laslesiones y enfermedades físicas o mentales relacionadas con el trabajo.
Una lesión o enfermedad puede ser causada por un evento (como por ejemplo lastimarse la espalda en una caída) o por acciones repetidas (como por ejemplo lastimarse la muñeca por hacer el mismo movimiento una y otra vez).
Beneficios. Los beneficios de compensación de trabajadores incluyen:
• Atención Médica: Consultas médicas, servicios de hospital, terapia física, análisis de laboratorio, radiografías, medicinas, equipo médico y costos de viajar que son razonablemente necesarias para tratar su lesión. Usted nunca deberá ver un cobro. Hay límites para visitas quiroprácticas, de terapia física y de terapia ocupacional. • Beneficios por Incapacidad Temporal (TD): Pagos si usted pierde sueldo mientras se recupera. Para la mayoría de las lesiones, beneficios de TD no se pagarán por más de 104 semanas dentro de cinco años después de la fecha de la lesión. • Beneficios por Incapacidad Permanente (PD): Pagos si usted no se recupera completamente y si su lesión le causa una pérdida permanente de su funciónfísica o mental que un médico puede medir. • Beneficio Suplementario por Desplazamiento de Trabajo: Un vale no-transferible si su lesión surge en o después del 1/1/04, y su lesión le ocasiona una incapacidad permanente, y su empleador no le ofrece a usted un trabajo regular, modificado, o alternativo. • Beneficios por Muerte: Pagados a sus dependientes si usted muere a causa de una lesión o enfermedad relacionada con el trabajo.
Designación de su Propio Médico Antes de una Lesión o Enfermedad (Designación previa). Es posible que usted pueda elegir al médico que le atenderá en una lesión o enfermedad relacionada con el trabajo. Si elegible, usted debe informarle al empleador, por escrito, el nombre y la dirección de su médico personal o grupo médico, antes de que usted se lesione. Usted debe de ponerse de acuerdo con su médico para que atienda la lesión causada por el trabajo. Para instrucciones, vea la información escrita sobre la compensación de trabajadores que se le exige a su empleador darle a los empleados nuevos.
Si Usted se Lastima:
1. Obtenga Atención Médica. Si usted necesita atención de emergencia, llame al 911 para ayuda inmediata de un hospital, una ambulancia, el departamento de bomberos o departamento de policía. Si usted necesita primeros auxilios, comuníquese con su empleador.
2. Reporte su Lesión. Reporte la lesión inmediatamente a su supervisor(a) o a un representante del empleador. No se demore. Hay límites de tiempo. Si usted espera demasiado, es posible que usted pierda su derecho a beneficios. Su empleador está obligado a proporcionarle un formulario de reclamo dentro de un día laboral después de saber de su lesión. Dentro de un día después de que usted presente un formulario de reclamo, el empleador o administrador de reclamos debe autorizar todo tratamiento médico, hasta diez mil dólares, de acuerdo con las pautas de tratamiento aplicables a su presunta lesión, hasta que el reclamo sea aceptado o rechazado.
3. Consulte al Médico que le está Atendiendo (PTP). Este es el médico con la responsabilidad total de tratar su lesión o enfermedad.
• Si usted designó previamente a su médico personal o grupo médico, usted puede consultar a su médico personal o grupo médico después de lesionarse.
• Si su empleador está utilizando una Red de Proveedores Médicos (MPN) o una Organización de Cuidado Médico (HCO), en la mayoría de los casos usted será tratado dentro de la MPN o la HCO a menos que usted designó previamente un médico personal o grupo médico. Una MPN es un grupo de médicos y proveedores de atención médica que proporcionan tratamiento a trabajadores lesionados en el trabajo. Usted debe recibir información de su empleador si está cubierto por una HCO o una MPN. Hable con su empleador para más información. • Si su empleador no está utilizando una MPN o HCO, en la mayoría de los casos el administrador de reclamos puede escoger el médico que lo atiende primero, cuando usted se lesiona, a menos que usted designó previamente a un médico personal o grupo médico.
4. Red de Proveedores Médicos (MPN): Es posible que su empleador use una MPN, lo cual es un grupo de proveedores de asistencia médica designados para dar tratamiento a los trabajadores lesionados en el trabajo. Si usted ha hecho una designación previa de un médico personal antes de lesionarse en el trabajo, entonces usted puede recibir tratamiento de su médico previamente designado. Si usted está recibiendo tratamiento de parte de un médico que no pertenece a la MPN para una lesión existente, puede requerirse que usted se cambie a un médico dentro de la MPN. Para más información, vea la siguiente información de contacto de la MPN :
Página web de la MPN: https://www-sf.talispoint.com/gb/gbfhmpnselect/ Fecha de vigencia de la MPN: 1/1/2020 Número de identificación de laMPN: 2396 Si usted necesita ayuda en localizar un médico de una MPN, llame a su asistente de acceso de la MPN al: 1-855-446-9021 Si usted tiene preguntas sobre la MPN o quiere presentar una queja en contra de la MPN, llame a la Persona de Contacto de la MPN al: 1-855-203-2845
Discriminación. Es ilegal que su empleador le castigue o despida por sufrir una lesión o enfermedad en el trabajo, por presentar un reclamo o por testificar en el caso de compensación de trabajadores de otra persona. De ser probado, usted puede recibir pagos por pérdida de sueldos, reposición del trabajo, aumento de beneficios y gastos hasta los límites establecidos por el estado. ¿Preguntas? Aprenda más sobre la compensación de trabajadores leyendo la información que se requiere que su empleador le dé cuando es contratado. Si usted tiene preguntas, vea a su empleador o al administrador de reclamos (que se encarga de los reclamos de compensación de trabajadores de su empleador):
Administrador de Reclamos _Gallagher Bassett Services -094 Asegurador del Seguro deCompensación de trabajador RLI Insurance Teléfono 1-866-841-0167
(Anote “autoasegurado”si es apropiado)
Usted también puede obtener información gratuita de un Oficial de Información y Asistencia de la División Estatal de Compensación de Trabajadores. El Oficial de Información y Asistencia más cercano se localiza en:
o llamando al número gratuito (800) 736-7401. Usted puede obtener más información sobre la compensación del trabajador en el Internet en:
www.dwc.ca.gov y acceder a una guía útil “Compensación del Trabajador de California Una Guía para Trabajadores Lesionados.” Los reclamos falsos y rechazos falsos del reclamo. Cualquier persona que haga o que ocasione que se haga una declaración o una representación material intencionalmente falsa o fraudulenta, con el fin de obtener o negar beneficios o pagos de compensación de trabajadores, es culpable de un delito grave y puede ser multado y encarcelado. 275
Full Written
MPN
Notifications
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Complete Written Employee Notification Re: Medical Provider Network (Title 8, California Code of Regulations, section 9767.12) California law requires your employer to provide and pay for medical treatment if you are injured at work.
Your employer has chosen to provide this medical care by using a Workers’ Compensation physician network called a Medical Provider Network (MPN). Your employer is using the Gallagher Bassett First Health MPN and the MPN Identification Number is 2396. This MPN is administered by First Health and Gallagher Bassett Services, Inc. (GB). This notification tells you what you need to know about the MPN program and describes your rights in obtaining medical care for work-related injuries and illnesses. • What is a MPN?
A Medical Provider Network (MPN) is group of health care providers (physicians and other medical providers) used by your employer to treat workers injured on the job. Each MPN must include a mix of doctors specializing in work-related injuries and doctors with expertise in general areas of medicine. • How do I find out which doctors are in my MPN?
Your MPN Contact is:
Gallagher Bassett California Medical Provider Network/Managed Care Services Address: 2850 Golf Road, Rolling Meadows, IL 60008-4050 Telephone Number: 1-855-203-2845
Please have your MPN name, and the MPN Identification Number when calling 1-855-203-2845. This toll free number line is available Monday through Saturday, 7:00 am to 8:00 pm pacific time.
The MPN Contact listed in this notification will be able to answer your questions about the MPN, will address any complaints regarding the MPN, and will help you obtain a regional list of all MPN doctors in your area.
At minimum, the regional listing must include a list of all MPN providers within 30 minutes or 15 miles of your workplace and/or residence or a list of all MPN providers within the county where you live and/or work.
You may choose which list you wish to receive.
You can get the list of MPN providers by calling the MPN Contact or by going to our website at https://www-sf.talispoint.com/gb/gbfhmpnselect/. The website contains information about the MPN and a roster of all treating physician in the MPN. You may also locate a MPN doctor by calling Gallagher Bassett Managed Care Services at 1-855-203-2845. You also have the right to a complete listing of all of the MPN providersupon request.
Your Medical Access Assistant
Telephone Number: 1-855-446-9021
Fax Number: 1-630-228-6077
Email Address: [email protected]
The Gallagher Bassett Medical Provider Network Medical Access Assistant is available Monday through Saturday, 7:00 am to 8:00 pm pacific time. The Medical Access Assistant will assist you to find and schedule appointments with available physicians, and to schedule subsequent appointments. Please have your MPN name, and the MPN Identification Number when calling 1-855-446-9021. Assistance is available in English and Spanish.
Important Information about Medical Care if You Have a
Work-Related Injury or Illness
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• What happens if I get injured at work?
In case of an emergency, you should call 911 or go to the closest emergency room.
If you are injured at work, notify your employer as soon as possible. Your employer will provide you with a claim form. When you notify your employer that you have had a work-related injury, your employer or Gallagher Bassett will make an initial appointment with a doctor in the MPN. • How do I choose a provider?
Your employer or the insurer for your employer will arrange the initial medical evaluation with a MPN physician. After the first medical visit, you may continue to be treated by that doctor, or you may choose another doctor from the MPN. You may continue to choose doctors within the MPN for all of your medical care for this injury.
If appropriate, you may choose a specialist or ask your treating doctor for a referral to a specialist. Some specialists will only accept appointments with a referral from the treating doctor. Such specialist might be listed as “by referral only” in your MPN directory.
If you need help in finding a doctor or scheduling a medical appointment, you may call the Medical Access Assistant.
• Can I change providers?
Yes. You can change providers within the MPN for any reason, but the providers you choose should be appropriate to treat your injury. Contact the MPN Contact or your claims adjuster if you want to change your treating physician.
• What standards does the MPN have to meet?
The MPN has providers for the entire state of California.
The MPN must give you access to a regional list of providers that includes at least three physicians in each specialty commonly used to treat work injuries/illnesses in your industry. The MPN must provide access to primary treating physicians within 30 minutes or 15 miles and specialists within 60 minutes or 30 miles of where you work or live.
If you live in a rural area or an area where there is a health care shortage, there may be a different standard.
After you have notified your employer of your injury, the MPN must provide initial treatment within 3 business days. If treatment with a specialist has been authorized, the appointment with the specialist must be provided to you within 20 business days of your request.
If you have trouble getting an appointment with a provider in the MPN, contact the Medical Access Assistant.
If there are no MPN providers in the appropriate specialty available to treat your injury within the distance and timeframe requirements, then you will be allowed to seek the necessary treatment outside of the MPN. • What if there are no MPN providers where I am located? If you are a current employee living in a rural area or temporarily working or living outside the MPN service area, or you are a former employee permanently living outside the MPN service area, the MPN or your treating doctor will give you a list of at least three physicians who can treat you. The MPN may also allow you to choose your own doctor outside of the MPN network. Contact your MPN Contact for assistance in finding a physician or for additional information.
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• What if I need a specialist that is not available in the MPN? If you need to see a type of specialist that is not available in the MPN, you have the right to see a specialist outside of the MPN.
• What if I disagree with my doctor about medical treatment? If you disagree with your doctor or wish to change your doctor for any reason, you may choose another doctor within the MPN.
If you disagree with either the diagnosis or treatment prescribed by your doctor, you may ask for a second opinion from another doctor within the MPN. If you want a second opinion, you must contact the MPN contact or your claims adjuster and tell them you want a second opinion. The MPN should give you at least a regional or full MPN provider list from which you can choose a second opinion doctor. To get a second opinion, you must choose a doctor from the MPN list and make an appointment within 60 days. You must tell the MPN Contact of your appointment date, and the MPN will send the doctor a copy of your medical records. You can request a copy of your medical records that will be sent to the doctor.
If you do not make an appointment within 60 days of receiving the regional provider list, you will not be allowed to have a second or third opinion with regard to this disputed diagnosis or treatment of this treating physician.
If the second-opinion doctor feels that your injury is outside of the type of injury he or she normally treats, the doctor's office will notify your employer or insurer and you. You will get another list of MPN doctors or specialists so you can make another selection.
If you disagree with the second opinion, you may ask for a third opinion. If you request a third opinion, you will go through the same process you went through for the second opinion.
Remember that if you do not make an appointment within 60 days of obtaining another MPN provider list, then you will not be allowed to have a third opinion with regard to this disputed diagnosis or treatment of this treating physician.
If you disagree with the third-opinion doctor, you may ask for an MPN Independent Medical Review (IMR).
Your employer or MPN Contact will give you information on requesting an Independent Medical Review and a form at the time you select a third-opinion physician.
If either the second or third-opinion doctor or Independent Medical Reviewer agrees with your need for a treatment or test, you may be allowed to receive that medical service from a provider within the MPN or if the MPN does not contain a physician who can provide the recommended treatment, you may choose a physician outside the MPN within a reasonable geographic area. • What if I am already being treated for a work-related injury before the MPN begins? Your employer or insurer has a “Transfer of Care” policy which will determine if you can continue being temporarily treated for an existing work-related injury by a physician outside of the MPN before your care is transferred into the MPN.
If your current doctor is not or does not become a member of the MPN, then you may be required to see a MPN physician. However, if you have properly predesignated a primary treating physician, you cannot be transferred into the MPN. (If you have questions about predesignation, ask your supervisor.) If your employer decides to transfer you into the MPN, you and your primary treating physician must receive a letter notifying you of the transfer.
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Can I Continue Being Treated By My Doctor?
You may qualify for continuing treatment with your non-MPN provider (through transfer of care or continuity of care) for up to a year if your injury or illness meets any of the following conditions:
• (Acute) The treatment for your injury or illness will be completed in less than 90 days; • (Serious or Chronic) Your injury or illness is one that is serious and continues for at least 90 days without full cure or worsens and requires ongoing treatment. You may be allowed to be treated by your current treating doctor for up to one year, until a safe transfer of care can be made.
• (Terminal) You have an incurable illness or irreversible condition that is likely to cause death within one year or less.
• (Pending Surgery) You already have a surgery or other procedure that has been authorized by your employer or insurer that will occur within 180 days of the MPN effective date, or the termination of contract date between the MPN and your doctor.
If you meet certain conditions, you may qualify to continue treating with a non-MPN physician for up to a year before you are transferred into the MPN. The qualifying conditions to postpone the transfer of your care into the MPN are set forth in the box below.
You can disagree with your employer’s decision to transfer your care into the MPN. If you don’t want to be transferred into the MPN, ask your primary treating physician for a medical report on whether you have one of the four conditions stated above to qualify for a postponement of your transfer into the MPN.
Your primary treating physician has 20 days from the date of your request to give you a copy of his/her report on your condition. If your primary treating physician does not give you the report within 20 days of your request, the employer can transfer your care into the MPN and you will be required to use an MPN physician.
You will need to give a copy of the report to your employer if you wish to postpone the transfer of your care. If you or your employer disagrees with your doctor’s report on your condition, you or your employer can dispute it. See the complete Transfer of Care policy for more details on the dispute resolution process.
For a copy of the Transfer of Care policy, in English or Spanish, ask your MPN Contact. • What if I am being treated by a MPN doctor who decides to leave the MPN? Your employer or insurer has a written “Continuity of Care” policy that will determine whether you can temporarily continue treatment for an existing work injury with your doctor if your doctor is no longer participating in the MPN.
If your employer decides that you do not qualify to continue your care with the non-MPN provider, you and your primary treating physician must receive a letter notifying you of this decision.
If you meet certain conditions, you may qualify to continue treating with this doctor for up to a year before you must choose a MPN physician. These conditions are set forth in the “Can I Continue Being Treated By My Doctor?” box above.
You can disagree with your employer’s decision to deny you Continuity of Care with the terminated MPN provider. If you want to continue treating with the terminated doctor, ask your primary treating physician 280
for a medical report on whether you have one of the four conditions stated in the box above to see if you qualify to continue treating with your current doctor temporarily.
Your primary treating physician has 20 days from the date of your request to give you a copy of his/her medical report on your condition. If your primary treating physician does not give you the report within 20 days of your request, your employer’s decision to deny you Continuity of Care with your doctor who is no longer participating in the MPN will apply, and you will be required to choose a MPN physician.
You will need to give a copy of the report to your employer if you wish to postpone the selection of another MPN doctor for your continued treatment. If you or your employer disagrees with your doctor’s report on your condition, you or your employer can dispute it. See the complete Continuity of Care policy for more details on the dispute resolution process.
For a copy of the Continuity of Care policy, in English or Spanish, ask your MPN Contact. • What if I have questions or need help?
• MPN Contact: You may always contact the MPN Contact if you have questions about the use of the MPN and to address any complaints regarding the MPN. • Medical Access Assistants: You can contact the Medical Access Assistant if you need help finding MPN physicians and scheduling and confirming appointments. • Division of Workers’ Compensation (DWC): If you have concerns, complaints or questions regarding the MPN, the notification process, or your medical treatment after a work-related injury or illness, you can call the DWC’s Information and Assistance office at 1-800-736-7401. You can also go to the DWC’s website at www.dir.ca.gov/dwc and click on “medical provider networks” for more information about MPNs.
• Independent Medical Review: If you have questions about the MPN Independent Medical Review process contact the Division of Workers’ Compensation’s Medical Unit at:
DWC Medical Unit
P.O. Box 71010
Oakland, CA 94612
(510) 286-3700 or (800) 794-6900
Keep this information in case you have a work-related injury or illness. 281
Comunicación escrita completa para el empleado - Ref: Red de Proveedores Médicos (Artículo 9767.12 del Código Regulatorio de California, Título 8) La legislación de California establece que su empleador debe proporcionarle y pagarle la atención médica para el tratamiento de cualquier lesión sufrida en el trabajo. Su empleador optó por brindar dicha atención médica a través de un programa de indemnización del trabajador, denominado Red de Proveedores Médicos (MPN, por sus siglas en inglés). Su empleador está utilizando la MPN Gallagher Bassett First Health y el número de identificación de la MPN es 2396. Esta MPN está administrada por First Health y Gallagher Bassett Services, Inc. (GB). Este aviso contiene la información que necesita sobre el programa MPN y describe su derecho a recibir tratamiento médico para sus lesiones o enfermedades relacionadas con el trabajo.
• ¿Qué es una MPN?
Una Red de Abastecedor Médica (MPN) es el grupo de abastecedores de asistencia médica (médicos y otros abastecedores médicos) usado por su patrón para tratar a trabajadores heridos en el trabajo. Cada MPN debe incluir una mezcla de doctores que se especializan en heridas relacionadas con el trabajo y doctores con la maestría en áreas generales de la medicina. • ¿Cómo averiguo qué médicos pertenecen a mi red MPN?
Su contacto de la MPN es:
Gallagher Bassett California Medical Provider Network/Managed Care Services Dirección: 2850 Golf Road, Rolling Meadows, IL 60008-4050 Número de teléfono: 1-855-203-2845
Por favor tenga a mano el nombre de la MPN y el número de identificación de la MPN cuando llame al 1- 855-203-2845. Esta línea gratuita está disponible de lunes a sábado de 7:00 am a 8:00 pm Horario del Pacífico.
Los contactos de la red MPN que figuran en este aviso podrán responder sus preguntas sobre la MPN, recibirán cualquier queja que presente sobre la MPN y lo ayudarán a obtener una lista regional de todos los médicos de la MPN de su zona. Como mínimo, la lista regional debe incluir a todos los proveedores de la MPN que se encuentren dentro de un radio de 30 minutos o 15 millas de su lugar de trabajo y/o residencia o una lista de todos los proveedores de la red MPN del condado en el que vive y/o trabaja.
Usted puede elegir qué lista desea recibir.
Puede obtener una lista de los proveedores de la red MPN llamando por teléfono a las personas de contacto de la MPN o visitando el sitio Web https://www-sf.talispoint.com/gb/gbfhmpnselect/. El sitio web contiene información sobre la MPN y una lista de todos los médicos tratantes de la MPN. También puede ubicar a un médico de la MPN llamando a Gallagher Bassett Managed Care Services al 1-855-203-2845.
También tiene derecho a recibir un listado completo de todos los proveedores de la MPN cuando lo solicite.
Información importante sobre atención médica en caso de lesión o enfermedad relacionada con el trabajo
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Su Asistente para el Acceso a Servicios Médicos
Número de teléfono: 1-855-446-9021
Fax: 1-630-228-6077
Dirección de correo electrónico: [email protected] El Asistente para el Acceso a Servicios Médicos de Gallagher Bassett está disponible de lunes a sábados de 7:00 am a 8:00 pm Horario del Pacífico. El Asistente para el Acceso a Servicios Médicos lo asistirá para encontrar y programar citas con los médicos disponibles y para programar las siguientes citas. Por favor tenga a mano el nombre de la MPN y el número de identificación de la MPN cuando llame al 1-855- 446-9021. Hay asistencia disponible en inglés y en español. • ¿Qué sucede si me lesiono en el trabajo?
En caso de una emergencia, debe llamar al 911 o dirigirse a la sala de emergencias más próxima.
Si usted se lesiona en el trabajo, notifique a su empleador lo antes posible. Su empleador le entregará un formulario de reclamo. Cuando usted notifica a su empleador que ha sufrido una lesión relacionada con el trabajo, su empleador o Gallagher Bassett acordarán una primera cita con un médico de la MPN. • ¿Cómo elijo un proveedor?
Su empleador o la aseguradora de su empleador coordinará la evaluación médica inicial con un médico de la MPN. Después de la primera visita médica, puede continuar el tratamiento con el mismo médico o puede elegir a otro profesional de la red MPN. Usted podrá cambiar de médico dentro de la red MPN cada vez que lo desee durante el tratamiento de la lesión.
Si corresponde, puede consultar a un especialista o pedirle a su médico tratante una remisión para ver a un especialista. Algunos especialistas sólo aceptarán citas con una remisión del médico tratante. Estos especialistas pueden figurar en la lista con la leyenda “sólo con remisión” en su directorio de la MPN.
Si necesita asistencia para encontrar un médico o programar una cita médica, puede llamar al Asistente para el Acceso a Servicios Médicos.
• ¿Puedo cambiar de proveedores?
Sí. Puede cambiar de proveedores dentro de la red MPN siempre que lo desee, pero los proveedores que elija deben ser idóneos para tratar su lesión. Contáctese con el Contacto de la MPN o con su ajustador de reclamos si desea cambiar de médico tratante.
• ¿Qué estándares tiene que cumplir la MPN?
La red MPN tiene proveedores para todo el estado de California.
La MPN debe proporcionarle una lista regional de proveedores que incluya por lo menos tres médicos de cada una de las especialidades más comunes en el tratamiento de lesiones/enfermedades laborales frecuentes en su industria. La MPN debe brindar acceso a un médico primario tratante dentro de los 30 minutos o 15 millas y a especialistas dentro de los 60 minutos o 30 millas del lugar donde usted vive o trabaja.
Si usted vive en una zona rural o en una zona en la que hay escasez de atención de salud, es posible que se apliquen otros estándares.
Una vez que usted ha notificado a su empleador de su lesión, la MPN debe proporcionar tratamiento inicial dentro de los 3 días hábiles. Si se ha autorizado el tratamiento con un especialista, se le debe asignar la cita con el especialista dentro de los 20 días hábiles desde su solicitud. 283
Si tiene problemas para obtener una cita con un proveedor de la MPN, póngase en contacto con el Asistente para el Acceso a Servicios Médicos.
Si no hay proveedores de la MPN disponibles en la especialidad apropiada para tratar su lesión dentro de los plazos y distancias requeridos, se le permitirá procurar el tratamiento necesario fuera de MPN. • ¿Qué sucede si no hay proveedores de la red MPN en mi lugar de residencia? Si usted vive o trabaja temporalmente fuera de un área de servicios de la red MPN o vive en una zona rural o si es un ex-empleado que reside permanentemente fuera del área de servicios de la red MPN, la red MPN o su médico tratante le proporcionarán una lista de al menos tres médicos que puedan realizarle el tratamiento. La red MPN también puede autorizarlo a elegir su propio médico fuera de la red MPN.
Contacte a la persona de contacto de la red MPN para recibir ayuda para buscar un médico o para obtener información adicional.
• ¿Qué sucede si mi lesión requiere una especialidad que no figura en la red MPN? Si necesita un especialista que no está disponible a través de la red MPN, usted tiene derecho a consultar a un especialista fuera la red.
• ¿Qué sucede si no estoy de acuerdo con mi médico en cuanto al tratamiento? Si no está de acuerdo con su médico o desea cambiar de médico por alguna razón, puede elegir otro profesional dentro de la red MPN.
Si no está de acuerdo con el diagnóstico o con el tratamiento prescripto por su médico, puede solicitar una segunda opinión de otro médico de la red MPN. Si desea una segunda opinión, debe comunicarse con el contacto de la MPN o con su ajustador de reclamos y comunicarles que desea una segunda opinión.
La red MPN deberá entregarle una lista de proveedores MPN regionales o una lista completa de la que usted podrá elegir un médico para obtener una segunda opinión. Para recibir una segunda opinión, debe elegir un médico de la lista de la MPN y concertar una cita dentro de los 60 días. Debe informarle a su contacto de la MPN la fecha de su cita y la red MPN le enviará al médico una copia de su historia clínica.
Si usted lo desea, puede solicitar una copia de la historia clínica que se le enviará al médico.
Si no programa una cita dentro de los 60 días de recibir la lista de proveedores regionales, ya no podrá pedir una segunda o tercera opinión con respecto al diagnóstico o tratamiento de su médico tratante que se encuentra en discusión.
Si el médico al que se le pidió la segunda opinión considera que su lesión no está comprendida en el tipo de lesiones que normalmente atiende, el consultorio del médico se lo informará oportunamente a su empleador o aseguradora y a usted. Usted recibirá otra lista de médicos o especialistas de la red MPN para que pueda volver a elegir.
Si no está de acuerdo con la segunda opinión, puede pedir una tercera opinión. Si solicita una tercera opinión, deberá realizar el mismo trámite que realizó para obtener la segunda opinión.
Recuerde que si no programa una cita dentro de los 60 días de recibir otra lista de proveedores de la MPN, ya no podrá a pedir una tercera opinión con respecto al diagnóstico o tratamiento de su médico tratante que se encuentra en discusión.
Si no está de acuerdo con la tercera opinión, puede solicitar una Revisión Médica Independiente (IMR) de la MPN. Su empleador o persona de contacto de la MPN le facilitará la información necesaria para solicitar una Revisión Médica Independiente y un formulario cuando solicite una tercera opinión. 284
¿Puedo seguir tratándome con mi médico?
Es posible que usted pueda seguir tratándose con un proveedor que no pertenezca a la red MPN (por la política de transferencia de cuidados o continuidad de cuidados) durante un máximo de un año si su lesión o enfermedad se encuadra dentro de alguna de las condiciones siguientes:
• (Agudo): el tratamiento de su lesión o enfermedad se completará en menos de 90 días; • (Grave o crónico): su lesión o enfermedad es grave y se prolonga durante 90 días por lo menos, sin que se cure por completo o se agrava y requiere tratamiento continuo. Es posible que usted obtenga autorización para seguir el tratamiento con su médico tratante actual hasta que se pueda hacer una transferencia segura del cuidado. • (Terminal): usted tiene una enfermedad incurable o un cuadro irreversible con probabilidad de causarle la muerte dentro de un año o menos.
• (Pendiente de cirugía) : su empleador o aseguradora ya ha autorizado la realización de una cirugía u otra práctica que tendrá lugar dentro de los 180 días de la fecha efectiva de la red MPN o de la fecha de terminación del contrato entre la MPN y su médico.
Si el médico que dio la segunda o la tercera opinión o el Revisor Médico Independiente están de acuerdo en lo que usted necesita en términos de tratamiento o estudios, se le puede permitir recibir ese servicio médico de un proveedor de la red MPN o si la MPN no tiene un médico que pueda proporcionar el tratamiento recomendado, puede elegir un médico de fuera de la MPN dentro de un área geográfica razonable.
• ¿Qué sucede si ya estoy recibiendo tratamiento por una lesión laboral antes de que se habilite la cobertura de la red MPN?
Su empleador o aseguradora cuenta con una política de “Transferencia de cuidados" que determinará si usted puede continuar temporalmente el tratamiento de una lesión de trabajo con un médico que no pertenece a la red MPN antes de transferir la atención a la red MPN.
Si su médico actual no pertenece a la red MPN o no ingresa a la red, es posible que usted deba consultar a un médico de la red MPN. No obstante, si usted ha predesignado correctamente a un médico tratante primario, no podrá ser transferido a la red MPN. (Si tiene preguntas sobre la predesignación, consulte a su supervisor).
Si su empleador decide transferirlo a la red MPN, usted y su médico tratante primario deben recibir un aviso de la transferencia.
Si usted reúne determinados requisitos, podrá continuar el tratamiento con un médico que no pertenece a la red MPN durante un máximo de un año antes de ser transferido a la red MPN. En el recuadro que aparece a continuación encontrará cuáles son las condiciones requeridas para posponer la transferencia de su atención de salud a la red MPN.
Usted puede no estar de acuerdo con la decisión de su empleador de transferir su tratamiento a la red MPN. Si usted no quiere ser transferido a la red MPN, solicite a su médico tratante primario un informe médico que indique que usted está comprendido en alguno de los cuatro cuadros especificados arriba para poder calificar para un aplazamiento de su transferencia a la red MPN.
Su médico tratante primario tiene 20 días a partir de la fecha de su solicitud para entregarle una copia del informe de su estado de salud. Si su médico tratante primario no le entrega el informe dentro de los 20 días de su pedido, el empleador podrá transferir sus cuidados de salud a la red MPN y usted deberá utilizar los servicios de un médico de la red.
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Usted deberá entregar una copia del informe a su empleador si desea aplazar la transferencia de sus cuidados de salud. Si usted o su empleador no están de acuerdo con el informe del médico sobre su estado de salud, usted o su empleador pueden objetarlo. Ver más detalles sobre el proceso de resolución de disputas en la política completa sobre Transferencia de cuidados.
Puede obtener una copia completa de la política de Transferencia de cuidados en inglés o en español a través de su persona de contacto de la red MPN.
• ¿Qué sucede si estoy en tratamiento con un médico de la red MPN que desea dejar de pertenecer a la red?
Su empleador o la aseguradora tienen una política escrita de "Continuidad del cuidado" que determinará si usted puede continuar temporalmente el tratamiento de su lesión laboral con su médico si éste deja de pertenecer a la red MPN.
Si su empleador decide que usted no reúne los requisitos para continuar con su tratamiento médico con el proveedor que no pertenece a la red MPN, usted y su médico tratante primario deben recibir una carta comunicándoles esta decisión.
Si usted está comprendido en ciertas condiciones de salud, puede calificar para continuar el tratamiento con este médico durante un máximo de un año antes de que deba empezar a atenderse con un médico de la red MPN. Estas condiciones de salud se detallan en el cuadro anterior: “¿Puedo seguir tratándome con mi médico?”
Usted puede no estar de acuerdo con la decisión de su empleador de denegar su solicitud de continuidad de cuidados con un proveedor que deja de pertenecer a la red MPN. Si usted quiere continuar tratándose con un médico que termina su relación laboral, pídale a su médico tratante primario un informe médico en el que se señale que usted está comprendido en alguno de los cuatro cuadros especificados anteriormente para ver si usted reúne los requisitos para seguir tratándose temporalmente con su médico actual.
Su médico tratante primario tiene 20 días a partir de la fecha de su solicitud para entregarle una copia del informe médico de su estado de salud. Si su médico tratante primario no le entrega el informe dentro de los 20 días de su solicitud, se dará por válida la decisión de su empleador de denegarle la Continuidad de cuidados con su médico que ya no participa de la MPN y usted deberá elegir un médico de la MPN.
Usted deberá entregar una copia del informe a su empleador si desea aplazar la transferencia de sus cuidados de salud a un proveedor de la red MPN. Si usted o su empleador no están de acuerdo con el informe del médico sobre su estado de salud, usted o su empleador pueden objetarlo. Para obtener más información sobre el procedimiento de resolución de disputas, consulte la política completa sobre Continuidad de cuidados.
Puede obtener una copia completa de la política de Continuidad de cuidados en inglés o en español a través de su persona de contacto de la red MPN.
• ¿Qué sucede si tengo preguntas o necesito ayuda?
• Contacto de la MPN: Siempre puede contactarse con su persona de Contacto de la MPN si tiene preguntas sobre el uso de la MPN y sobre cómo presentar quejas sobre la MPN. • Asistente para el Acceso a Servicios Médicos: Puede contactarse con el Asistente para el Acceso a Servicios Médicos si necesita ayuda para encontrar médicos de la MPN y programar y confirmar citas.
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• División de Indemnización del Trabajador (DWC): Si tiene alguna duda, queja o pregunta relacionada con la red MPN, el proceso de notificación o su tratamiento médico por lesión o enfermedad laboral, puede llamar al Centro de Información y Ayuda de la división DWC al 1-800- 736-7401. También puede visitar el sitio de la DWC www.dir.ca.gov/dwc y hacer clic en “redes de proveedores médicos” para recibir más información sobre las redes MPN. • Revisión Médica Independiente: Si tiene preguntas sobre el proceso de Revisión Médica Independiente, escriba a la Unidad Médica de la División de Indemnización del Trabajador:
DWC Medical Unit
P.O. Box 71010
Oakland, CA 94612
(510) 286-3700 ó (800) 794-6900
Conserve esta información para utilizarla en caso de lesión o enfermedad laboral. 287
ACCESS TO WORKERS COMPENSATIONPOSTING NOTICES
& IMPORTANT CLAIM INFORMATION
As a convenience for our customers, as well as being more environmentally conscious, we have created an RLI virtual claims kit for our workers compensation policyholders. You’ll be able to print from your computer the required workers compensation posting notices, employee notification and claim forms, at any time.
The link below will take you to our RLIComp virtual claims kit. Once you are in the claims kit, you will be able to click on the state(s) in which you have office location(s) in order to obtain the proper state specific compliance information, posting notices and claim reporting forms.
Please note:
The following states have unique workers’ compensation posters and will be mailed by RLI directly to the named insured – Florida, Maine, Nevada, New Jersey and New York.
https://www.rlicorp.com/how-report-claim
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Policy Number: PSW0004803
NOTICE TO OUR INSURED AND THEIR AGENTS
OF OUR CLAIM NOTIFICATION PROCEDURE
As part of our continuing effort to provide you with the best service available,
ALL CLAIMS, OCCURRENCES, INCIDENTS, LAWSUITS
under this policy are to be reported immediately to:
RLI Insurance Company
P.O. Box 3961
9025 N. Lindbergh Drive
Peoria, IL 61612-3961
Phone: (877) 863-5095
Fax: (877) 863-4352
Email: [email protected]
ALL LOSSES must be reported in the usual manner as well, to your AGENT or BROKER.
Below is a “cut-out” card to keep in your wallet or with your business papers.
We pledge to continue upgrading our services to our valued policyholders.
Sincerely,
Robert S. Handzel
Vice President, Chief Claim Officer
CUT ALONG DOTTED LINE
PPK 2131 12 19
Insured: _Matthew Mangano
Policy No:PSW0004803
RLI Insurance Company
P.O. Box 3961
9025 N. Lindbergh Drive
Peoria, IL 61612-3961
Phone: (877) 863-5095
Fax: (877) 863-4352
Email: [email protected]
Keep this card with you or in a safe place. 289
Policy Number: PSW0004803
RLI Insurance Company
Peoria, Illinois 61615
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NOTICE TO POLICYHOLDERS
REGARDING THE UNITED STATES TREASURY DEPARTMENT –
OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
This Policyholder Notice does not provide coverage nor can it be construed to replace any provisions of your policy. Please read your policy carefully to determine your rights, duties, and what is and what is not covered by your policy. This Notice should only be used to provide information concerning the possible impact of your insurance coverage as it relates to directives issued by OFAC.
PLEASE READ THIS NOTICE CAREFULLY.
OFAC administers and enforces economic and trade sanctions and places restrictions on certain transactions. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation. OFAC has identified and named numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers, among others, as “Specially Designated Nationals and Blocked Persons.” The complete list can be found on the United States Treasury website – http://www.treas.gov/ofac.
Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance contract is considered a blocked or frozen contract and will be considered null and void. When an insurance policy is considered to be a blocked or frozen contract, all provisions of this insurance will be immediately subject to OFAC, and neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. 290
Policy Number: PSW0004803
RLI Insurance Company
Peoria, Illinois 61615
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STATE OF CALIFORNIA
NOTICE TO POLICYHOLDER
If you cancel the policy prior to the end of the policy period, the return premium may be calculated other than on a pro rata basis. The premium returned may be reduced by up to 10% of the pro rata return premium and will be calculated at the time of cancellation.
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PN 04 99 02 B
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POLICYHOLDER NOTICE
CALIFORNIA WORKERS’ COMPENSATION
INSURANCE RATING LAWS
Pursuant to Section 11752.8 of the California Insurance Code, we are providing you with an explanation of the California workers’ compensation rating laws.
1. We establish our own rates for workers’ compensation. Our rates, rating plans, and related information are filed with the insurance commissioner and are open for public inspection.
2. The insurance commissioner can disapprove our rates, rating plans, or classifications only if he or she has determined after public hearing that our rates might jeopardize our ability to pay claims or might create a monopoly in the market. A monopoly is defined by law as a market where one insurer writes 20% or more of that part of the California workers’ compensation insurance that is not written by the State Compensation Insurance Fund. If the insurance commissioner disapproves our rates, rating plans, or classifications, he or she may order an increase in the rates applicable to outstanding policies.
3. Rating organizations may develop pure premium rates that are subject to the insurance commissioner’s approval. A pure premium rate reflects the anticipated cost and expenses of claims per $100 of payroll for a given classification. Pure premium rates are advisory only, as we are not required to use the pure premium rates developed by any rating organization in establishing our own rates.
4. We must adhere to a single, uniform experience rating plan. If you are eligible for experience rating under the plan, we will be required to adjust your premium to reflect your claim history. A better claim history generally results in a lower experience rating modification; more claims, or more expensive claims, generally result in a higher experience rating modification. The uniform experience rating plan, which is developed by the insurance rating organization designated by the insurance commissioner, is subject to approval by the insurance commissioner.
5. A standard classification system, developed by the insurance rating organization designated by the insurance commissioner, is subject to approval by the insurance commissioner. The standard classification system is a method of recognizing and separating policyholders into industry or occupational groups according to their similarities and/or differences. We can adopt and apply the standard classification system or develop and apply our own classification system, provided we can report the payroll, expenses, and other costs of claims in a way that is consistent with the uniform statistical plan or the standard classification system.
6. Our rates and classifications may not violate the Unruh Civil Rights Act or be unfairly discriminatory.
7. We will provide an appeal process for you to appeal the way we rate your insurance policy. The process requires us to respond to your written appeal within 30 days. If you are not satisfied with the result of your appeal, you may appeal our decision to the insurance commissioner.
California Workers’ Compensation Insurance
Notice of Nonrenewal
Section 11664 of the California Insurance Code requires us, in most instances, to provide you with a notice of nonrenewal. Except as specified in paragraphs 1 through 6 below, if we elect to nonrenew your policy, we are required to deliver or mail to you a written notice stating the reason or reasons for the nonrenewal of the policy. The notice is required to be sent to you no earlier than 120 days before the end of the policy period and no later than 30 days before the end of the policy period. If we fail to provide you the required notice, we are required to continue the coverage under the policy with no change in the premium rate until 60 days after we provide you with the required notice.
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We are not required to provide you with a notice of nonrenewal in any of the following situations:
1. Your policy was transferred or renewed without a change in its terms or conditions or the rate on which the premium is based to another insurer or other insurers who are members of the same insurance group as us.
2. The policy was extended for 90 days or less and the required notice was given prior to the extension.
3. You obtained replacement coverage or agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage.
4. The policy is for a period of no more than 60 days and you were notified at the time of issuance that it may not be renewed.
5. You requested a change in the terms or conditions or risks covered by the policy within 60 days prior to the end of the policy period.
6. We made a written offer to you to renew the policy at a premium rate increase of less than 25 percent. (A) If the premium rate in your governing classification is to be increased 25 percent or greater and we intend to renew the policy, we shall provide a written notice of a renewal offer not less than 30 days prior to the policy renewal date. The governing classification shall be determined by the rules and regulations established in accordance with California Insurance Code Section 11750.3(c).
(B) For purposes of this Notice, “premium rate” means the cost of insurance per unit of exposure prior to the application of individual risk variations based on loss or expense considerations such as scheduled rating and experience rating.
This notice does not change the policy to which it is attached. 293
PN 04 99 04
(Ed. 12-01)
POLICYHOLDER NOTICE
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA) SURCHARGE Companies writing property and casualty insurance business in California are required to participate in the California Insurance Guarantee Association. If a company becomes insolvent, the California Insurance Guarantee Association settles unpaid claims and assesses each insurance company for its fair share.
California law requires all companies to surcharge policies to recover these assessments. If your policy is surcharged, “CA Surcharge” or “CA Surcharge (CIGA Surcharge)” with an amount will be displayed on your premium notice.
This notice does not change the policy to which it is attached. 294
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POLICYHOLDER NOTICE
YOUR RIGHT TO RATING AND DIVIDEND INFORMATION
I. Information Available to You
A. Information Available from Us - RLI Insurance Company (1) General questions regarding your policy should be directed to:
RLI Insurance Company
9025 N. Lindbergh Drive
Peoria IL 61615
Telephone: 309-692-1000 Fax:
(2) Dividend Calculation. If this is a participating policy (a policy on which a dividend may be paid), upon payment or nonpayment of a dividend, we shall provide a written explanation to you that sets forth the basis of the dividend calculation. The explanation will be in clear, understandable language and will express the dividend as a dollar amount and as a percentage of the earned premium for the policy year on which the dividend is calculated. (3) Claims Information. Pursuant to Sections 3761 and 3762 of the California Labor Code, you are entitled to receive information in our claim files that affects your premium. Copies of documents will be supplied at your expense during reasonable business hours.
For claims covered under this policy, we will estimate the ultimate cost of unsettled claims for statistical purposes eighteen months after the policy becomes effective and will report those estimates to the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) no later than twenty months after the policy becomes effective. The cost of any settled claims will also be reported at that time. At twelve-month intervals thereafter, we will update and report to the WCIRB the estimated cost of any unsettled claims and the actual final cost of any claims settled in the interim. The amounts we report will be used by the WCIRB to compute your experience modification if you are eligible for experience rating.
B. Information Available from the Workers’ Compensation Insurance Rating Bureau of California (1) The WCIRB is a licensed rating organization and the California Insurance Commissioner’s designated statistical agent. As such, the WCIRB is responsible for administering the California Workers’ Compensation Uniform Statistical Reporting Plan— 1995 (USRP) and the California Workers’ Compensation Experience Rating Plan—1995 (ERP). WCIRB contact information is:
WCIRB, 1901 Harrison Street, 17th Floor, Oakland, CA 94612, Attn: Customer Service; 888.229.2472 (phone); 415.778.7272 (fax); and [email protected] (email). The regulations contained in the USRP and ERP are available for public viewing through the WCIRB’s website at wcirb.com.
(2) Policyholder Information. Pursuant to California Insurance Code (CIC) Section 11752.6, upon written request, you are entitled to information relating to loss experience, claims, classification assignments, and policy contracts as well as rating plans, rating systems, manual rules, or other information impacting your premium that is maintained in the records of the WCIRB. Complaints and Requests for Action requesting policyholder information should be forwarded to: WCIRB, 1901 Harrison Street, 17th Floor, Oakland, CA 94612, Attn: Custodian of Records. The Custodian of Records can be reached at 415.777.0777 (phone) and 415.778.7272 (fax).
(3) Experience Rating Form. Each experience rated risk may receive a single copy of its current Experience Rating Form/Worksheet free of charge by completing a Policyholder Experience Rating Worksheet Request Form on the WCIRB’s website at wcirb.com/ratesheet. The Experience Rating Form/Worksheet will include a Loss-Free Rating, which is the experience modification that would have been calculated if $0 (zero) actual losses were incurred during the experience period.
This hypothetical rating calculation is provided for informational purposes only.
II. Dispute Process
You may dispute our actions or the actions of the WCIRB pursuant to CIC Sections 11737 and 11753.1.
A. Our Dispute Resolution Process.
[Optional language for insurers that have adopted the WCIRB’s Advisory Basic Underwriting Manual:
If you are aggrieved by our decision adopting a change in a classification assignment that results in increased premium, or by the application of our rating system to your workers’ compensation insurance, you may dispute these matters with us. If you are dissatisfied with the outcome of the initial dispute with us, you may send us a written Complaint and Request for Action as outlined below.]
You may send us a written Complaint and Request for Action requesting that we reconsider a change in a classification assignment that results in an increased premium and/or requesting that we review the manner in which our rating system has been applied in connection with the insurance afforded or offered you. Written Complaints and Requests for Action should be forwarded to: RLI Insurance Company 9025 N. Lindbergh Drive Peoria IL 61615 309-692-1000
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After you send your Complaint and Request for Action, we have 30 days to send you a written notice indicating whether your written request will be reviewed. If we agree to review your request, we must conduct the review and issue a decision granting or rejecting your request within 60 days after sending you the written notice granting review. If we decline to review your request, if you are dissatisfied with the decision upon review, or if we fail to grant or reject your request or issue a decision upon review, you may appeal to the Insurance Commissioner as described in paragraph II.C., below.
B. Disputing the Actions of the WCIRB. If you have been aggrieved by any decision, action, or omission to act of the WCIRB, you may request, in writing, that the WCIRB reconsider its decision, action, or omission to act. You may also request, in writing, that the WCIRB review the manner in which its rating system has been applied in connection with the insurance afforded or offered you. For requests related to classification disputes, the reporting of experience, or coverage issues, your initial request for review must be received by the WCIRB within 12 months after the expiration date of the policy to which the request for review pertains, except if the request involves the application of the Revision of Losses rule. For requests related to your experience modification, your initial request for review must be received by the WCIRB within 6 months after the issuance, or 12 months after the expiration date, of the experience modification to which the request for review pertains, whichever is later, except if the request for review involves the application of the Revision of Losses rule. If the request involves the Revision of Losses rule, the time to state your appeal may be longer. (See Section VI, Rule 7 of the ERP).
You may commence the review process by sending the WCIRB a written Inquiry. Written Inquiries should be sent to: WCIRB, 1901 Harrison Street, 17th Floor, Oakland, CA 94612, Attn: Customer Service. Customer Service can be reached at 888.229.2472 (phone), 415.778.7272 (fax) and [email protected] (email).
If you are dissatisfied with the WCIRB’s decision upon an Inquiry, or if the WCIRB fails to respond within 90 days after receipt of the Inquiry, you may pursue the subject of the Inquiry by sending the WCIRB a written Complaint and Request for Action.
After you send your Complaint and Request for Action, the WCIRB has 30 days to send you written notice indicating whether your written request will be reviewed. If the WCIRB agrees to review your request, it must conduct the review and issue a decision granting or rejecting your request within 60 days after sending you the written notice granting review. If the WCIRB declines to review your request, if you are dissatisfied with the decision upon review, or if the WCIRB fails to grant or reject your request or issue a decision upon review, you may appeal to the Insurance Commissioner as described in paragraph II.C., below. Written Complaints and Requests for Action should be forwarded to: WCIRB, 1901 Harrison Street, 17th Floor, Oakland, CA 94612, Attn: Complaints and Reconsideration. The WCIRB’s contact information is 888.229.2472 (phone), 415.371.5204 (fax) and [email protected] (email).
C. California Department of Insurance – Appeals to the Insurance Commissioner. After you follow the appropriate dispute resolution process described above, if (1) we or the WCIRB decline to review your request, (2) you are dissatisfied with the decision upon review, or (3) we or the WCIRB fail to grant or reject your request or issue a decision upon review, you may appeal to the Insurance Commissioner pursuant to CIC Sections 11737, 11752.6, 11753.1 and Title 10, California Code of Regulations, Section 2509.40 et seq. You must file your appeal within 30 days after we or the WCIRB send you the notice rejecting review of your Complaint and Request for Action or the decision upon your Complaint and Request for Action. If no written decision regarding your Complaint and Request for Action is sent, your appeal must be filed within 120 days after you sent your Complaint and Request for Action to us or to the WCIRB. The filing address for all appeals to the Insurance Commissioner is:
Administrative Hearing Bureau
California Department of Insurance
1901 Harrison Street, 3rd Floor Mailroom
Oakland, CA 94612
415.538.4243
You have the right to a hearing before the Insurance Commissioner, and our action, or the action of the WCIRB, may be affirmed, modified or reversed.
III. Resources Available to You in Obtaining Information and Pursuing Disputes A. Policyholder Ombudsman. Pursuant to California Insurance Code Section 11752.6, a policyholder ombudsman is available at the WCIRB to assist you in obtaining and evaluating the rating, policy, and claims information referenced in I.A. and I.B., above. The ombudsman may advise you on any dispute with us, the WCIRB, or on an appeal to the Insurance Commissioner pursuant to Section 11737 of the Insurance Code. The address of the policyholder ombudsman is WCIRB, 1901 Harrison Street, 17th Floor, Oakland, CA 94612, Attn: Policyholder Ombudsman. The policyholder ombudsman can be reached at 415.778.7159 (phone), 415.371.5288 (fax) and [email protected] (email).
B. California Department of Insurance – Information and Assistance. Information and assistance on policy questions can be obtained from the Department of Insurance Consumer HOTLINE, 800.927.HELP (4357) or insurance.ca.gov. For questions and correspondence regarding appeals to the Administrative Hearing Bureau, see the contact information in paragraph II.C.
This notice does not change the policy to which it is attached. 296
Policy Number: PSW0004803 RLI Insurance Company
CALIFORNIA POLICYHOLDER NOTICE
Safety Services Notice
As a result of placing your insurance with RLI Insurance Company, we are pleased to notify you of the Safety Engineering and Management Services available to you at no cost to assist you in the control and reduction of work related injuries:
Workplace Safety Surveys
Recommendations
Training Programs
Consultations
Analysis of Accident Causes
Industrial Hygiene
Industrial Health Services
We appreciate the opportunity to be your workers’ compensation carrier and will assist you in your employee safety endeavors. A representative of RLI Insurance Corporation can assist you in your safety needs assessment and preparation of an accident prevention program.
RLI Insurance Company
Attn: Risk Services – Workers Compensation
9025 N. Lindbergh Drive, Peoria, IL 61615
Phone: (309) 692-1000
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 01 A
INFORMATION PAGE
INSURER: POLICY NO: PSW0004803
RLI Insurance Company
9025 N. Lindbergh Drive
Peoria, IL 61615
PRIOR POLICY NO: PSW0004803
RISK ID #:
A Stock Insurance Company NCCI Company No: 25569
1. The Insured: PRODUCER NAME AND ADDRESS:
Matthew Mangano Founders Professional (73841)
dba: Mangano Consulting 147 2nd Ave S, Suite 203
Mailing address:
P.O Box 317
La Jolla, CA 92038
St. Petersburg, FL 33702
PRODUCER NO.: 73841
LEGAL ENTITY: Individual/Sole Proprietor
Other Workplaces not shown above: See Schedule of Locations
2. The policy period is from 01-10-2023 to 01-10-2024 Effective 12:01 A.M. Standard Time at the Insured’s mailing address.
3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: CA
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are:
Bodily Injury by Accident $1,000,000 each accident
Bodily Injury by Disease $1,000,000 policy limit
Bodily Injury by Disease $1,000,000 each employee
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:
All states except those listed in Item 3.A. and ND OH WA and WY D. This policy includes these endorsements and schedules:
See Schedule of Forms
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans.
All information required below is subject to verification and change by audit.
See Schedule of Classifications
Deposit Premium: $ 725.00
Audit Period: Annual
Total Estimated Annual Premium: $
Assessments & Surcharges: $ 40.00
725.00
Minimum Premium: $ 500.00 Expense Constant: $ 200.00
Date: Countersigned by
© 1987 National Council on Compensation Insurance.
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 01 A
EXTENSION OF INFORMATION PAGE
Schedule of Locations
ITEM 1
Named Insured: Matthew Mangano
NCCI Company No.: 25569
Policy No.: PSW0004803
Effective Date: 01-10-2023
Location Address City State Zip
Primary Location 6435 Caminito Blythefield,
Suite G
La Jolla CA 92037
299
Policy Number: PSW0004803
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
APPLICABLE FORMS & ENDORSEMENTS
FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE.
Form Number Form Title
WC000001A INFORMATION PAGE
WC000001A EXTENSION OF INFORMATION PAGE - SCHEDULE OF
LOCATIONS
WC000001A EXTENSION OF INFORMATION PAGE - SCHEDULE OF
NAMED INSURED
WC000001A PREMIUM SUMMARY
WC000001A CA STATE CLASSIFICATION SCHEDULE
WC000000C (01/15) WORKERS COMPENSATION AND EMPLOYERS LIABILITY
INSURANCE POLICY
WC000419 (01/01) PREMIUM DUE DATE ENDORSEMENT
WC000421E (01/21) CATASTROPHE (OTHER THAN CERTIFIED ACTS OF
TERRORISM) PREMIUM ENDORSEMENT
WC000422C (01/21) TERRORISM RISK INSURANCE PROGRAM
REAUTHORIZATION ACT DISCLOSURE ENDORSEMENT
WC000424 (01/17) AUDIT NONCOMPLIANCE CHARGE ENDORSEMENT WC040301D (02/18) POLICY AMENDATORY ENDORSEMENT-CALIFORNIA WC040306 (04/84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
WC040310 (01/95) DUTY TO DEFEND - CALIFORNIA
WC040331A (04/16) RESIDING RELATIVES EXCLUSION
WC040360B (01/15) EMPLOYER'S LIABILITY COVERAGE AMENDATORY
ENDORSEMENT-CALIFORNIA
WC040421 (01/08) OPTIONAL PREMIUM INCREASE ENDORSEMENT CALIFORNIA WC040422 (01/12) CALIFORNIA SHORT-RATE CANCELLATION
ENDORSEMENT
WC040601B (01/22) CALIFORNIA CANCELLATION ENDORSEMENT
ILF0001 (04/22) SIGNATURE PAGE
ILF0001WC (12/18) SIGNATURE PAGE
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
RIL 2150 (08/08) Page 1
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows:
PART ONE
WORKERS COMPENSATION INSURANCE
A. The Policy
GENERAL SECTION
A. How This Insurance Applies
This workers compensation insurance applies to
bodily injury by accident or bodily injury by disease.
Bodily injury includes resulting death.
This policy includes at its effective date the Information Page and all endorsements and schedules listed there. It is a contract of insurance between
you (the employer named in Item 1 of the Information Page) and us (the insurer named on the Information Page). The only agreements relating to this insurance are stated in this policy. The terms of
this policy may not be changed or waived except
by endorsement issued by us to be part of this
policy.
B. Who is Insured
You are insured if you are an employer named in
Item 1 of the Information Page. If that employer is a
partnership, and if you are one of its partners, you
are insured, but only in your capacity as an employer of the partnership’s employees.
C. Workers Compensation Law
Workers Compensation Law means the workers or
workmen’s compensation law and occupational
disease law of each state or territory named in Item
3.A. of the Information Page. It includes any
amendments to that law which are in effect during
the policy period. It does not include any federal
workers or workmen’s compensation law, any federal occupational disease law or the provisions of any law that provide nonoccupational disability
benefits.
D. State
State means any state of the United States of
America, and the District of Columbia.
E. Locations
This policy covers all of your workplaces listed in
Items 1 or 4 of the Information Page; and it covers
all other workplaces in Item 3.A. states unless you
have other insurance or are self-insured for such
workplaces.
1. Bodily injury by accident must occur during the
policy period.
2. Bodily injury by disease must be caused or aggravated by the conditions of your employment.
The employee’s last day of last exposure to the
conditions causing or aggravating such bodily injury by disease must occur during the policy period.
B. We Will Pay
We will pay promptly when due the benefits required
of you by the workers compensation law.
C. We Will Defend
We have the right and duty to defend at our expense
any claim, proceeding or suit against you for benefits
payable by this insurance. We have the right to investigate and settle these claims, proceedings or suits.
We have no duty to defend a claim, proceeding or
suit that is not covered by this insurance.
D. We Will Also Pay
We will also pay these costs, in addition to other
amounts payable under this insurance, as part of
any claim, proceeding or suit we defend:
1. reasonable expenses incurred at our request,
but not loss of earnings;
2. premiums for bonds to release attachments and
for appeal bonds in bond amounts up to the
amount payable under this insurance;
3. litigation costs taxed against you;
4. interest on a judgment as required by law until
we offer the amount due under this insurance;
and
5. expenses we incur.
E. Other Insurance
We will not pay more than our share of benefits and
costs covered by this insurance and other
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insurance or self-insurance. Subject to any limits of
liability that may apply, all shares will be equal until the loss is paid. If any insurance or self-insurance
is exhausted, the shares of all remaining insurance
will be equal until the loss is paid.
F. Payments You Must Make
You are responsible for any payments in excess of
the benefits regularly provided by the workers
compensation law including those required
because:
1. of your serious and willful misconduct;
2. you knowingly employ an employee in violation
of law;
3. you fail to comply with a health or safety law or
regulation; or
4. you discharge, coerce or otherwise discriminate
against any employee in violation of the workers
compensation law.
If we make any payments in excess of the benefits
regularly provided by the workers compensation
law on your behalf, you will reimburse us promptly.
G. Recovery From Others
We have your rights, and the rights of persons entitled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will
do everything necessary to protect those rights for
us and to help us enforce them.
H. Statutory Provisions
These statements apply where they are required by
law.
1. As between an injured worker and us, we have
notice of the injury when you have notice.
2. Your default or the bankruptcy or insolvency of
you or your estate will not relieve us of our duties under this insurance after an injury occurs.
3. We are directly and primarily liable to any person entitled to the benefits payable by this insurance. Those persons may enforce our duties; so may an agency authorized by law. Enforcement may be against us or against you and us.
4. Jurisdiction over you is jurisdiction over us for
purposes of the workers compensation law. We
are bound by decisions against you under that
law, subject to the provisions of this policy that
are not in conflict with that law.
5. This insurance conforms to the parts of the
workers compensation law that apply to:
a. benefits payable by this insurance;
b. special taxes, payments into security or other special funds, and assessments payable by us under that law.
6. Terms of this insurance that conflict with the
workers compensation law are changed by this
statement to conform to that law.
Nothing in these paragraphs relieves you of your duties under this policy.
PART TWO
EMPLOYERS LIABILITY INSURANCE
A. How This Insurance Applies
This employers liability insurance applies to bodily
injury by accident or bodily injury by disease. Bodily
injury includes resulting death.
1. The bodily injury must arise out of and in the
course of the injured employee’s employment by
you.
2. The employment must be necessary or incidental to your work in a state or territory listed in Item 3.A. of the Information Page.
3. Bodily injury by accident must occur during the
policy period.
4. Bodily injury by disease must be caused or aggravated by the conditions of your employment.
The employee’s last day of last exposure to the
conditions causing or aggravating such bodily injury by disease must occur during the policy period.
5. If you are sued, the original suit and any related
legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada.
B. We Will Pay
We will pay all sums that you legally must pay as
damages because of bodily injury to your employees, provided the bodily injury is covered by this Employers Liability Insurance.
The damages we will pay, where recovery is permitted by law, include damages:
1. For which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against
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such third party as a result of injury to your employee;
2. For care and loss of services; and
3. For consequential bodily injury to a spouse,
child, parent, brother or sister of the injured employee; provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee’s
employment by you; and
4. Because of bodily injury to your employee that
arises out of and in the course of employment,
claimed against you in a capacity other than as
employer.
C. Exclusions
This insurance does not cover:
1. Liability assumed under a contract. This exclusion does not apply to a warranty that your work will be done in a workmanlike manner;
2. Punitive or exemplary damages because of bodily injury to an employee employed in violation of law;
3. Bodily injury to an employee while employed in
violation of law with your actual knowledge or the
actual knowledge of any of your executive officers;
4. Any obligation imposed by a workers compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar law;
5. Bodily injury intentionally caused or aggravated
by you;
6. Bodily injury occurring outside the United States
of America, its territories or possessions, and
Canada. This exclusion does not apply to bodily
injury to a citizen or resident of the United States
of America or Canada who is temporarily outside
these countries;
7. Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts or omissions;
8. Bodily injury to any person in work subject to the
Longshore and Harbor Workers’ Compensation
Act (33 U.S.C. Sections 901 et seq.), the Nonappropriated Fund Instrumentalities Act (5 U.S.C.
Sections 8171 et seq.), the Outer Continental
Shelf Lands Act (43 U.S.C. Sections 1331 et
seq.), the Defense Base Act (42 U.S.C. Sections
1651–1654), the Federal Mine Safety and Health
Act (30 U.S.C. Sections 801 et seq. and 901–
944), any other federal workers or workmen’s
compensation law or other federal occupational
disease law, or any amendments to these laws;
9. Bodily injury to any person in work subject to the
Federal Employers’ Liability Act (45 U.S.C. Sections 51 et seq.), any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course
of employment, or any amendments to those
laws;
10.Bodily injury to a master or member of the crew
of any vessel, and does not cover punitive damages related to your duty or obligation to provide transportation, wages, maintenance, and cure
under any applicable maritime law;
11. Fines or penalties imposed for violation of federal or state law; and
12. Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Sections 1801 et seq.) and under any
other federal law awarding damages for violation
of those laws or regulations issued thereunder,
and any amendments to those laws.
D. We Will Defend
We have the right and duty to defend, at our expense, any claim, proceeding or suit against you for damages payable by this insurance. We have the
right to investigate and settle these claims, proceedings and suits.
We have no duty to defend a claim, proceeding or
suit that is not covered by this insurance. We have
no duty to defend or continue defending after we
have paid our applicable limit of liability under this
insurance.
E. We Will Also Pay
We will also pay these costs, in addition to other
amounts payable under this insurance, as part of
any claim, proceeding, or suit we defend:
1. Reasonable expenses incurred at our request,
but not loss of earnings;
2. Premiums for bonds to release attachments and
for appeal bonds in bond amounts up to the limit
of our liability under this insurance;
3. Litigation costs taxed against you;
4. Interest on a judgment as required by law until
we offer the amount due under this insurance;
and
5. Expenses we incur.
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F. Other Insurance
We will not pay more than our share of damages
and costs covered by this insurance and other insurance or self-insurance. Subject to any limits of liability that apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of all remaining insurance and self-insurance will be equal until the loss is paid.
G. Limits of Liability
Our liability to pay for damages is limited. Our limits of liability are shown in Item 3.B. of the Information
Page. They apply as explained below.
1. Bodily Injury by Accident. The limit shown for
“bodily injury by accident—each accident” is the
most we will pay for all damages covered by this
insurance because of bodily injury to one or
more employees in any one accident.
A disease is not bodily injury by accident unless
it results directly from bodily injury by accident.
2. Bodily Injury by Disease. The limit shown for
“bodily injury by disease—policy limit” is the
most we will pay for all damages covered by this
insurance and arising out of bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease. The limit
shown for “bodily injury by disease—each employee” is the most we will pay for all damages because of bodily injury by disease to any one
employee.
Bodily injury by disease does not include disease that results directly from a bodily injury by accident.
3. We will not pay any claims for damages after we
have paid the applicable limit of our liability under this insurance.
H. Recovery From Others
We have your rights to recover our payment from
anyone liable for an injury covered by this insurance.
You will do everything necessary to protect those
rights for us and to help us enforce them.
I. Actions Against Us
There will be no right of action against us under this
insurance unless:
1. You have complied with all the terms of this policy; and
2. The amount you owe has been determined with
our consent or by actual trial and final judgment.
This insurance does not give anyone the right to add
us as a defendant in an action against you to determine your liability. The bankruptcy or insolvency of you or your estate will not relieve us of our obligations under this Part.
PART THREE
OTHER STATES INSURANCE
A. How This Insurance Applies
1. This other states insurance applies only if one or
more states are shown in Item 3.C. of the Information Page.
2. If you begin work in any one of those states after
the effective date of this policy and are not insured or are not self-insured for such work, all provisions of the policy will apply as though that
state were listed in Item 3.A. of the Information
Page.
3. We will reimburse you for the benefits required
by the workers compensation law of that state if
we are not permitted to pay the benefits directly
to persons entitled to them.
4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within thirty
days.
B. Notice
Tell us at once if you begin work in any state listed in Item 3.C. of the Information Page.
PART FOUR
YOUR DUTIES IF INJURY OCCURS
Tell us at once if injury occurs that may be covered
by this policy. Your other duties are listed here.
1. Provide for immediate medical and other services required by the workers compensation law.
2. Give us or our agent the names and addresses
of the injured persons and of witnesses, and
other information we may need.
3. Promptly give us all notices, demands and legal
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papers related to the injury, claim, proceeding
or suit.
4. Cooperate with us and assist us, as we may request, in the investigation, settlement or defense of any claim, proceeding or suit.
5. Do nothing after an injury occurs that would interfere with our right to recover from others.
6. Do not voluntarily make payments, assume obligations or incur expenses, except at your own cost.
PART FIVE
PREMIUM
A. Our Manuals
All premium for this policy will be determined by our
manuals of rules, rates, rating plans and classifications. We may change our manuals and apply the changes to this policy if authorized by law or a governmental agency regulating this insurance.
B. Classifications
Item 4 of the Information Page shows the rate and
premium basis for certain business or work classifications. These classifications were assigned based on an estimate of the exposures you would have
during the policy period. If your actual exposures are
not properly described by those classifications, we
will assign proper classifications, rates and premium
basis by endorsement to this policy.
C. Remuneration
Premium for each work classification is determined
by multiplying a rate times a premium basis. Remuneration is the most common premium basis. This premium basis includes payroll and all other remuneration paid or payable during the policy period for the services of:
1. all your officers and employees engaged in work
covered by this policy; and
2. all other persons engaged in work that could
make us liable under Part One (Workers Compensation Insurance) of this policy. If you do not have payroll records for these persons, the contract price for their services and materials may be used as the premium basis. This paragraph 2
will not apply if you give us proof that the employers of these persons lawfully secured their workers compensation obligations.
D. Premium Payments
You will pay all premium when due. You will pay the
premium even if part or all of a workers compensation law is not valid.
E. Final Premium
The premium shown on the Information Page,
schedules, and endorsements is an estimate. The
final premium will be determined after this policy
ends by using the actual, not the estimated, premium basis and the proper classifications and rates that lawfully apply to the business and work covered
by this policy. If the final premium is more than the
premium you paid to us, you must pay us the balance. If it is less, we will refund the balance to you.
The final premium will not be less than the highest
minimum premium for the classifications covered by
this policy.
If this policy is canceled, final premium will be determined in the following way unless our manuals provide otherwise:
1. If we cancel, final premium will be calculated pro
rata based on the time this policy was in force.
Final premium will not be less than the pro rata
share of the minimum premium.
2. If you cancel, final premium will be more than
pro rata; it will be based on the time this policy
was in force, and increased by our short-rate
cancelation table and procedure. Final premium
will not be less than the minimum premium.
F. Records
You will keep records of information needed to compute premium. You will provide us with copies of those records when we ask for them.
G. Audit
You will let us examine and audit all your records
that relate to this policy. These records include ledgers, journals, registers, vouchers, contracts, tax reports, payroll and disbursement records, and programs for storing and retrieving data. We may conduct the audits during regular business hours during the policy period and within three years after the policy period ends. Information developed by audit will be used to determine final premium. Insurance rate
service organizations have the same rights we have
under this provision.
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A. Inspection
PART SIX
CONDITIONS
If you die and we receive notice within thirty days after your death, we will cover your legal representative as insured.
D. Cancelation
We have the right, but are not obliged to inspect
your workplaces at any time. Our inspections are not
safety inspections. They relate only to the insurability of the workplaces and the premiums to be charged. We may give you reports on the conditions
we find. We may also recommend changes. While
they may help reduce losses, we do not undertake
to perform the duty of any person to provide for the
health or safety of your employees or the public. We
do not warrant that your workplaces are safe or
healthful or that they comply with laws, regulations,
codes or standards. Insurance rate service organizations have the same rights we have under this provision.
B. Long Term Policy
If the policy period is longer than one year and sixteen days, all provisions of this policy will apply as though a new policy were issued on each annual
anniversary that this policy is in force.
C. Transfer of Your Rights and Duties
Your rights or duties under this policy may not be
transferred without our written consent.
1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect.
2. We may cancel this policy. We must mail or deliver to you not less than ten days advance written notice stating when the cancelation is to take effect. Mailing that notice to you at your mailing
address shown in Item 1 of the Information Page
will be sufficient to prove notice.
3. The policy period will end on the day and hour
stated in the cancelation notice.
4. Any of these provisions that conflict with a law
that controls the cancelation of the insurance in
this policy is changed by this statement to comply with the law.
E. Sole Representative
The insured first named in Item 1 of the Information
Page will act on behalf of all insureds to change this
policy, receive return premium, and give or receive
notice of cancelation.
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2000 National Council on Compensation Insurance, Inc.
PREMIUM DUE DATE ENDORSEMENT
This endorsement is used to amend:
Section D. of Part Five of the policy is replaced by this provision.
PART FIVE
PREMIUM
D. Premium is amended to read:
You will pay all premium when due. You will pay the premium even if part or all of a workers compensation law is not valid. The due date for audit and retrospective premiums is the date of the billing.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. Endorsement No.
Insured
Matthew Mangano
PSW0004803 Premium $ 725
Insurance Company Countersigned by
RLI Insurance Company
WC 00 04 19
(Ed. 1-01)
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© Copyright 2020 National Council on Compensation Insurance, Inc. All Rights Reserved.
Catastrophe (Other Than Certified Acts of Terrorism) Premium Endorsement This endorsement is notification that your insurance carrier is charging premium to cover the losses that may occur in the event of a Catastrophe (Other Than Certified Acts of Terrorism) as that term is defined below. Your policy provides coverage for workers compensation losses caused by a Catastrophe (Other Than Certified Acts of Terrorism). This premium charge does not provide funding for Certified Acts of Terrorism contemplated under the Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement (WC 00 04 22 C), attached to this policy.
For purposes of this endorsement, the following definitions apply:
• Catastrophe (Other Than Certified Acts of Terrorism): Any single event, resulting from an Earthquake, Noncertified Act of Terrorism, or Catastrophic Industrial Accident, which results in aggregate workers compensation losses in excess of $50 million.
• Earthquake: The shaking and vibration at the surface of the earth resulting from underground movement along a fault plane or from volcanic activity.
• Noncertified Act of Terrorism: An event that is not certified as an Act of Terrorism by the Secretary of the Treasury pursuant to the Terrorism Risk Insurance Act of 2002 (as amended) but that meets all of the following criteria:
a. It is an act that is violent or dangerous to human life, property, or infrastructure; b. The act results in damage within the United States, or outside of the United States in the case of the premises of United States missions or air carriers or vessels as those terms are defined in the Terrorism Risk Insurance Act of 2002 (as amended); and
c. It is an act that has been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
• Catastrophic Industrial Accident: A chemical release, large explosion, or small blast that is localized in nature and affects workers in a small perimeter the size of a building.
The premium charge for the coverage your policy provides for workers compensation losses caused by a Catastrophe (Other Than Certified Acts of Terrorism) is shown in Item 4 of the Information Page or in the Schedule below.
Schedule
State Rate Premium
CA .0000 $0
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. Endorsement No.
Insured
Matthew Mangano
PSW0004803 Premium 725
Insurance Company Countersigned by
RLI Insurance Company
WC 00 04 21 E
(Ed. 01-2021)
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© Copyright 2020 National Council on Compensation Insurance, Inc. All Rights Reserved.
Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement This endorsement addresses the requirements of the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2019. It serves to notify you of certain limitations under the Act, and that your insurance carrier is charging premium for losses that may occur in the event of an Act of Terrorism.
Your policy provides coverage for workers compensation losses caused by Acts of Terrorism, including workers compensation benefit obligations dictated by state law. Coverage for such losses is still subject to all terms, definitions, exclusions, and conditions in your policy, and any applicable federal and/or state laws, rules, or regulations.
Definitions
The definitions provided in this endorsement are based on and have the same meaning as the definitions in the Act. If words or phrases not defined in this endorsement are defined in the Act, the definitions in the Act will apply. “Act” means the Terrorism Risk Insurance Act of 2002, which took effect on November 26, 2002, and any amendments thereto, including any amendments resulting from the Terrorism Risk Insurance Program Reauthorization Act of 2019. “Act of Terrorism” means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States, as meeting all of the following requirements:
a. The act is an act of terrorism.
b. The act is violent or dangerous to human life, property, or infrastructure. c. The act resulted in damage within the United States, or outside of the United States in the case of the premises of United States missions or certain air carriers or vessels. d. The act has been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. “Insured Loss” means any loss resulting from an act of terrorism (and, except for Pennsylvania, including an act of war, in the case of workers compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if the loss occurs in the United States or at the premises of United States missions or to certain air carriers or vessels.
“Insurer Deductible” means, for the period beginning on January 1, 2021, and ending on December 31, 2027, an amount equal to 20% of our direct earned premiums during the immediately preceding calendar year. 309
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Limitation of Liability
The Act limits our liability to you under this policy. If aggregate Insured Losses exceed $100,000,000,000 in a calendar year and if we have met our Insurer Deductible, we are not liable for the payment of any portion of the amount of Insured Losses that exceeds $100,000,000,000; and for aggregate Insured Losses up to $100,000,000,000, we will pay only a pro rata share of such Insured Losses as determined by the Secretary of the Treasury.
Policyholder Disclosure Notice
1. Insured Losses would be partially reimbursed by the United States Government. If the aggregate industry Insured Losses occurring in any calendar year exceed $200,000,000, the United States Government would pay 80% of our Insured Losses that exceed our Insurer Deductible.
2. Notwithstanding item 1 above, the United States Government will not make any payment under the Act for any portion of Insured Losses that exceed $100,000,000,000.
3. The premium charge for the coverage your policy provides for Insured Losses is included in the amount shown in Item 4 of the Information Page or in the Schedule below.
Schedule
State Rate Premium
CA .0100 $5
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. Endorsement No.
Insured
Matthew Mangano
PSW0004803 Premium 725
Insurance Company Countersigned by
RLI Insurance Company
WC 00 04 22 C
(Ed. 01-2021)
310
(Ed. 1-17)
Copyright 2015 National Council on Compensation Insurance, Inc. All Rights Reserved.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 24 (Ed. 1-17)
AUDIT NONCOMPLIANCE CHARGE ENDORSEMENT
Part Five—Premium, Section G. (Audit) of the Workers Compensation and Employers Liability Insurance Policy is revised by adding the following:
If you do not allow us to examine and audit all of your records that relate to this policy, and/or do not provide audit information as requested, we may apply an Audit Noncompliance Charge. The method for determining the Audit Noncompliance Charge by state, where applicable, is shown in the Schedule below.
If you allow us to examine and audit all of your records after we have applied an Audit Noncompliance Charge, we will revise your premium in accordance with our manuals and Part 5—Premium, E. (Final Premium) of this policy.
Failure to cooperate with this policy provision may result in the cancellation of your insurance coverage, as specified under the policy.
Note:
For coverage under state-approved workers compensation assigned risk plans, failure to cooperate with this policy provision may affect your eligibility for coverage.
Schedule
State(s) Basis of Audit Noncompliance
Charge
Maximum Audit Noncompliance
Charge Multiplier
CA $685 2
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. Endorsement No.
Insured
Matthew Mangano
PSW0004803 Premium 725
Insurance Company Countersigned by
RLI Insurance Company
WC 00 04 24
311
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 01 D WC 04 03 01 D (Ed. 02-18)
1 of 2
(Ed. 02-18)
POLICY AMENDATORY ENDORSEMENT–CALIFORNIA
It is agreed that, anything in the policy to the contrary notwithstanding, such insurance as is afforded by this policy by reason of the designation of California in Item 3 of the Information Page is subject to the following provisions:
1. Minors Illegally Employed – Not Insured. This policy does not cover liability for additional compensation imposed on you under Section 4557, Division IV, Labor Code of the State of California, by reason of injury to an employee under sixteen years of age and illegally employed at the time of injury.
2. Punitive or Exemplary Damages – Uninsurable. This policy does not cover punitive or exemplary damages where insurance of liability therefor is prohibited by law or contrary to public policy.
3. Increase in Indemnity Payment – Reimbursement. You are obligated to reimburse us for the amount of increase in indemnity payments made pursuant to Subdivision (d) of Section 4650 of the California Labor Code, if the late indemnity payment which gives rise to the increase in the amount of payment is due less than seven (7) days after we receive the completed claim form from you. You are obligated to reimburse us for any increase in indemnity payments not covered under this policy and will reimburse us for any increase in indemnity payment not covered under the policy when the aggregate total amount of the reimbursement payments paid in a policy year exceeds one hundred dollars ($100).
If we notify you in writing, within 30 days of the payment, that you are obligated to reimburse us, we will bill you for the amount of increase in indemnity payment and collect it no later than the final audit. You will have 60 days, following notice of the obligation to reimburse, to appeal the decision of the insurer to the Department of Insurance.
4. Application of Policy. Part One, “Workers Compensation Insurance”, A, “How This Insurance Applies”, is amended to read as follows:
This workers compensation insurance applies to bodily injury by accident or disease, including death resulting therefrom.
Bodily injury by accident must occur during the policy period. Bodily injury by disease must be caused or aggravated by the conditions of your employment. Your employee’s exposure to those conditions causing or aggravating such bodily injury by disease must occur during the policy period.
5. Rate Changes. The premium and rates with respect to the insurance provided by this policy by reason of the designation of California in Item 3 of the Information Page are subject to change if ordered by the Insurance Commissioner of the State of California pursuant to Section 11737 of the California Insurance Code.
6. Long Term Policy. If this policy is written for a period longer than one year, all the provisions of this policy shall apply separately to each consecutive twelve-month period or, if the first or last consecutive period is less than twelve months, to such period of less than twelve months, in the same manner as if a separate policy had been written for each consecutive period.
7. Statutory Provision. Your employee has a first lien upon any amount which becomes owing to you by us on account of this policy, and in the case of your legal incapacity or inability to receive the money and pay it to the claimant, we will pay it directly to the claimant.
8. Part Five, “Premium”, E, “Final Premium”, is amended to read as follows:
The premium shown on the Information Page, schedules, and endorsements is an estimate. The final premium will be determined after this policy ends by using the actual, not the estimated, premium basis and the proper classifications and rates that lawfully apply to the business and work covered by this policy. If the final premium is more than the premium you paid to us, you must pay us the balance. If it is less, we will refund the balance to you. The final premium will not be less than the highest minimum premium for the classifications covered by this policy.
If this policy is canceled, final premium will be determined in the following way unless our manuals provide otherwise:
a. If we cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the minimum premium. b. If you cancel, final premium may be more than pro rata; it will be based on the time this policy was in force, and may be increased by our short-rate cancelation table and procedure. Final premium will not be less than the pro rata share of the minimum premium.
312
WC 04 03 01 D WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 01 D (Ed. 02-18)
2 of 2
(Ed. 02-18)
It is further agreed that this policy, including all endorsements forming a part thereof, constitutes the entire contract of insurance.
No condition, provision, agreement, or understanding not set forth in this policy or such endorsements shall affect such contract or any rights, duties, or privileges arising therefrom.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
313
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)
©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT−CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be
otherwise due on such remuneration.
2 % of the California workers’ compensation premium
Schedule
Person or Organization Job Description
All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you
executed the contract before the loss.
Jobs performed for any person or organization that you
have agreed with in a written contract to provide this
agreement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
314
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 10 (Ed. 01-95)
©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.
DUTY TO DEFEND−CALIFORNIA
The insurance afforded by Part One, Section C, “We Will Defend”, is hereby deleted and replaced with the following:
WE WILL DEFEND
We have the right and duty to defend at our expense any claim or proceeding against you before the California Workers’ Compensation Appeals Board or its equivalent in any other state (and any appeal of a decision therefrom) for the benefits payable by this workers’ compensation insurance. We have the right to investigate and settle these claims or proceedings.
We have no duty to defend a claim, proceeding, or suit that is not covered by this insurance.
Nothing contained in this Section shall amend, modify, restrict, or otherwise alter any obligations or conditions under Part Two – Employer’s Liability Insurance of the policy.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
315
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 31 A (Ed. 04-16)
©2016 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.
RESIDING RELATIVES EXCLUSION
If this policy is issued to an individual or to a husband and wife either as individuals or as a partnership, the insurance under this policy is limited as follows: It is AGREED that, anything in this policy to the contrary notwithstanding, this policy DOES NOT INSURE:
THIS POLICY
DOES NOT
INSURE
RELATIVES WHO
ARE NOT
EMPLOYEES
Any liability you may have for any injury sustained by the following relatives of the employer and spouse, or of either, i.e., spouse, domestic partner, child by birth or adoption, stepchild, grandchild, son-in-law, daughter-in-law, parent, stepparent, parent-in-law, grandparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, brother-in-law, sister-in-law, uncle, aunt, nephew or niece, IF at the time of injury such relative (1) resides in the household of the employer and spouse or of either, or (2) is a child under the age of 12 years, unless such relative is included specifically by name in the schedule of operations of the declarations or is specifically insured by name in an endorsement attached to this policy.
FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER, LARGE FINES AND OTHER SUBSTANTIAL PENALTIES (Labor Code Section 3710.1, et seq.).
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
316
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 60 B (Ed. 01-15)
EMPLOYERS’ LIABILITY COVERAGE AMENDATORY ENDORSEMENT−CALIFORNIA The insurance afforded by Part Two (Employers’ Liability Insurance) by reason of designation of California in item 3 of the information page is subject to the following provisions:
A. “How This Insurance Applies,” is amended to read as follows:
A. How This Insurance Applies
This employers’ liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury means a physical injury, including resulting death.
1. The bodily injury must arise out of and in the course of the injured employee’s employment by you.
2. The employment must be necessary or incidental to your work in California.
3. Bodily injury by accident must occur during the policy period.
4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee’s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period.
5. If you are sued, the original suit and any related legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada.
C. The “Exclusions” section is modified as follows (all other exclusions in the “Exclusions” section remain as is):
1. Exclusion 1 is amended to read as follows:
1. liability assumed under a contract.
2. Exclusion 2 is deleted.
3. Exclusion 7 is amended to read as follows:
7. damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, termination of employment, or any personnel practices, policies, acts or omissions.
4. The following exclusions are added:
1. bodily injury to any member of the flying crew of any aircraft.
2. bodily injury to an employee when you are deprived of statutory or common law defenses or are subject to penalty because of your failure to secure your obligations under the workers’ compensation law(s) applicable to you or otherwise fail to comply with that law.
3. liability arising from California Labor Code Section 2810.3 which relates to labor contracting.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
1 of 1
317
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 04 21 (Ed. 01-08)
OPTIONAL PREMIUM INCREASE ENDORSEMENT – CALIFORNIA
You must provide us, or our authorized representative, access to records necessary to perform a payroll verification audit. If you fail to provide access within 90 days after expiration of the policy, you are liable to pay a total premium equal to 3 times our current estimate of the annual premium for your policy. In addition, if you fail to provide access after our third request within a 90 day or longer period, you are also liable for our costs in attempting to perform the audit unless you provide a compelling business reason for your failure.
We will contact you to schedule appointments during normal business hours.
We will notify you of your failure to provide access by mailing a certified, return-receipt document stating the increased premium and the total amount of our costs incurred in our attempt(s) to perform an audit. In addition to any other obligations under this contract, 30 days after you receive the notification, you will be obligated to pay the total premium and costs referenced above. If, thereafter, you provide access to your records within three years after the policy expires, or within another mutually agreed upon time, and we succeed in performing the audit to our satisfaction, we will revise your total premium and the costs due to reflect the results of the audit.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 318 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 04 22 (Ed. 01-12)
© Copyright 2011 by the Workers Compensation Insurance Rating Bureau of California. All rights reserved.
CALIFORNIA SHORT-RATE CANCELATION ENDORSEMENT
It is agreed that, anything in the policy to the contrary notwithstanding, such insurance as is afforded by this policy by reason of the designation of California in Item 3 of the Information Page is subject to the following provisions:
If you cancel the policy and a disclosure was provided in accordance with Section 481(c) of the California Insurance Code, final premium will be based on the time this policy was in force and increased by the short-rate cancelation table below:
Short Rate Cancelation Table
319
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 04 22 (Ed. 01-12)
© Copyright 2011 by the Workers Compensation Insurance Rating Bureau of California. All rights reserved. 320
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 04 22 (Ed. 01-12)
© Copyright 2011 by the Workers Compensation Insurance Rating Bureau of California. All rights reserved.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
321
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 B (Ed. 01-22)
CALIFORNIA CANCELATION ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.
The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions:
Cancelation:
1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect.
2. We may cancel this policy for one or more of the following reasons:
a. Non-payment of premium;
b. Failure to report payroll;
c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us;
e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Material failure to comply with federal or state safety orders or written recommendations of our designated loss control representatives;
h. The occurrence of a material change in the ownership of your business; i. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss;
j. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation;
k. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties.
3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (k), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided.
4. If we mail the notice to you, the stated periods of notice and your right to remedy the condition will be extended by 5 days if the place of mailing and your mailing address is within California, 10 days if the place of mailing or your mailing address is outside of California and 20 days if the place of mailing or your mailing address is outside of the United States.
5. The policy period will end on the day and hour stated in the cancelation notice.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-10-2023 Policy No. PSW0004803 Endorsement No.
Insured Insurance Company
Matthew Mangano RLI Insurance Company
Countersigned By
WC 04 06 01 B
(Ed. 01-22) 322
Policy Number: PSW0004803 RLI Insurance Company
ILF 0001 (04/22)
SIGNATURE PAGE
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative.
Secretary President
323
Policy Number: PSW0004803
ILF 0001WC (12/18)
SIGNATURE PAGE
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative.
Corporate Secretary President & COO
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy Number Endorsement No.
Insured Premium
Insurance Company Countersigned by
324
□
D
BUDGET
A Request for Proposal was posted on Planet Bids for a qualified professional architect or engineer experienced in mountain conditions for a roof replacement at the Police Department. MDEP, Inc. was the single bidder. Attached is a Professional SeNices Agreement for their seNices.
CONTRACT /AGREEMENTAUTHORIZATION ROUTING FORM
STAFF
CONTACT
INFORMATION
CONTRACT/
INFO.
INFORMATION
• NAME: Anush Nejad
• DEPARTMENT: Public Works
• PHONE: (530) 542-6031
• DATE OF SUBMITTAL: 08/23/23
• NAME:Matthew Manoano
• CONTRACTOR/CONSULTANT: Manqano Desiqn Enqineerinq Permld • START: 8/23/23 END: 12/31/24 OPTION TO RENEW:
• AMOUNT OF CONTRACT: $ 59,625
ACCOUNT NO.: 301-60022-48020
BUDGET AVAILABLE: Yes
FUNDING VERIFIED: Yes
GRANT FUNDING? Source Federal? YesO NoO
Professional Services Agreement JZl_ License_D MOU D_Lease 0 Type of
Contract Purchase Order &urchase Agreement D Con_strueti0n D Revenue Contract hlieration/C0ncession Agrnement D
Maintenance Agree· t Public Works Contract Vehicle....C::::CMotorized Equipment IT/Electronic Eq1,1ipment D Does this contract involve the following: construction, reconstruction, alteration, renovation, improvement, demolftlon, painti e-palnting, and/or repair work involving any publicly owned, leased, or operated facility? Yes_Q No-L{J_ If yes, forward to Public Works for review (Public Works Director authorization required)
Does this contract require special permittin nvironmental review, CEQA/NEPA, Planning Dept. review, Commission approval? Yes No-l.LJ If yes, forward to Development Services Department for review (Director of Developmental Services authorization required) Reviewing Authority Signature Date Signed
Department Head
Public Works Director
(where applicable)
Aug 28, 2023
Dev. Services Director
(where applicable)
Finance Director
City Attorney
City Manager
City Clerk
/,4,Q Heather Stroud (Aug 29, 2023 15:28 PDT)
JosepWin (Aug 29, 2023 15:29 PDT)
Sue Blankenship (Aug 29, 2023 15:38 PDT)
Aug 29, 2023
Aug 29, 2023
Aug 29, 2023
Aug 29, 2023
City Council Meeting Date (over $60K or where applicable):
AGREEMENT
325
Mangano_C-169-2023_PD_ROOF_REPAIR
Final Audit Report 2023-08-29
"Mangano_C-169-2023_PD_ROOF_REPAIR" History
Document created by Andra Burnam ([email protected]) 2023-08-25 - 8:56:36 PM GMT- IP address: 128.92.139.178 Document emailed to [email protected] for signature 2023-08-25 - 9:03:51 PM GMT
Email viewed by [email protected]
2023-08-25 - 10:41:08 PM GMT- IP address: 23.114.201.91 Signer [email protected] entered name at signing as M G Mangano 2023-08-25 - 10:41:37 PM GMT- IP address: 23.114.201.91 Document e-signed by M G Mangano ([email protected]) Signature Date: 2023-08-25 - 10:41:39 PM GMT - Time Source: server- IP address: 23.114.201.91 Document emailed to Anush Nejad ([email protected]) for signature 2023-08-25 - 10:41:41 PM GMT
Email viewed by Anush Nejad ([email protected])
2023-08-28 - 3:30:35 PM GMT- IP address: 104.47.65.254
Document e-signed by Anush Nejad ([email protected])
Signature Date: 2023-08-28 - 3:30:45 PM GMT - Time Source: server- IP address: 128.92.139.178 Document emailed to Olga Tikhomirova ([email protected]) for signature 2023-08-28 - 3:30:48 PM GMT
Email viewed by Olga Tikhomirova ([email protected]) 2023-08-28 - 9:40:15 PM GMT- IP address: 166.137.163.50 Document e-signed by Olga Tikhomirova ([email protected]) Signature Date: 2023-08-29 - 9:16:40 PM GMT - Time Source: server- IP address: 128.92.136.146 Created: 2023-08-25
By:
Status:
Transaction ID:
Andra Burnam ([email protected])
Signed
CBJCHBCAABAAPrmDl8a3JdXBLxLJpwOaZ0-QfP-sCZb5
326
Document emailed to Heather Stroud ([email protected]) for signature 2023-08-29 - 9:16:43 PM GMT
Email viewed by Heather Stroud ([email protected])
2023-08-29 - 10:13:17 PM GMT- IP address: 104.47.65.254 Document e-signed by Heather Stroud ([email protected]) Signature Date: 2023-08-29 - 10:28:32 PM GMT - Time Source: server- IP address: 128.92.136.146 Document emailed to Joseph Irvin ([email protected]) for signature 2023-08-29 - 10:28:34 PM GMT
Email viewed by Joseph Irvin ([email protected])
2023-08-29 - 10:29:25 PM GMT- IP address: 166.137.171.35 Document e-signed by Joseph Irvin ([email protected]) Signature Date: 2023-08-29 - 10:29:40 PM GMT - Time Source: server- IP address: 166.137.171.35 Document emailed to Sue Blankenship ([email protected]) for signature 2023-08-29 - 10:29:42 PM GMT
Email viewed by Sue Blankenship ([email protected]) 2023-08-29 - 10:38:27 PM GMT- IP address: 104.47.65.254 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023-08-29 - 10:38:59 PM GMT - Time Source: server- IP address: 128.92.136.146 Agreement completed.
2023-08-29 - 10:38:59 PM GMT
327
1 City of South Lake Tahoe
Amendment No. 1 to Professional Services Agreement (C-169-2023) with Mangano Design Engineering Permitting (MDEP)
The Professional Services Agreement entered into on August 29, 2023, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Mangano Design Engineering Permitting (MDEP) (“Consultant”), is hereby amended as set forth below.
Paragraph 1 of the Professional Services Agreement is hereby amended to add the following.
1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated August 29, 2023 (C-169-2023), this First Amendment to the Agreement adds the work described within Exhibit A, Scope of Services Changes attached hereto and incorporated herein by reference.
Paragraph 2 of the Professional Services Agreement is hereby amended to read as follows:
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue until December 31, 2025.
Paragraph 3 of the Professional Services Agreement is hereby amended to read as follows:
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B to the Professional Services Agreement, as modified by Amendment No. 1. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $79,330 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services. 328
2 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to Agreement to be executed on , 2024.
CITY OF SOUTH LAKE TAHOE CONSULTANT
By: By:
Mator Matt Mangano
Principal
Business License # 013510
APPROVED AS TO FORM: ATTEST:
Heather Stroud, City Attorney Susan Blankenship, City Clerk 329
Page
3 330
MDEP, Inc.
November 8, 2024
Director of Public Works
City of South Lake Tahoe
1740 D Street
City of South Lake Tahoe, CA 96150
Subject: Amendment to Scope of Services and Public for the Police Department Roof Repair - RFP 2023-07-26
Dear Director of Public Works,
Mangano Design Engineering Permitting, Inc. (MDEP) is pleased to submit the attached proposal for additional scope of services and associated budget for the for the South Lake Tahoe Police Station roof repair project. MDEP proposes the expanded scope of services and project budget as outlined below.
Identification of Firm:
Mangano Design Engineering Permitting [MDEP, Inc.]
6435 Caminito Blythefield Suite G
La Jolla, CA 92037
Phone: (858)-886-7207
Email: [email protected]
Contact Person:
Name: Matt Mangano
Title: Principal Engineer
Address: 6435 Caminito Blythefield Suite G La Jolla, CA 92037 Phone: (858)-886-7207
Email: [email protected]
6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com 331
6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com MDEP, Inc.
Contact Person:
Name: Xander Simpson
Title: Project Engineer
Address: 6435 Caminito Blythefield Suite G La Jolla, CA 92037 Phone: (858)-886-7207
Email: [email protected]
Work Plan, Fee, and Schedule
Work Plan:
Phase 1: Project Initiation and Assessment
Original Scope: (9/11/23-9/12/23) Conduct a site inspection of the Police Department at 1352 Johnson Blvd., South Lake Tahoe, CA 96150.
Review the Roof and Mansards conditions, including the current utilities installed on the rooftop.
Review internal conditions where leakage has occurred, primarily in the Evidence Room, lockers, and front entrance.
Review the County portion of the roof, which was recently upgraded with Standing Seam Metal Roofing.
Additional Services: Access electrical upgrade needs and confirm requirements for mechanical upgrades.
Phase 2: Design and Recommendations
Original Scope: Recommend the best means to upgrade and repair the roofing, drainage system, and installation of a ventilation system for the Evidence Room.
Prepare a Feasibility Option Analysis Memo. (10/20/23)
2nd Site inspection/meeting at the Police Department. (05/02/23) Update mechanical and plumbing design as needed to replace and rezone HVAC. (02/01/24) Additional Services: Update Feasibility Analysis, to include the following information:
a) Current utilities on the roof plans or specifications (update gas line which is currently shown on the plumbing set).
b) Update mechanical and plumbing as needed to replace and rezone (complete) 332
6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com MDEP, Inc.
c) Electrical Engineering services to include:
a. Electrical Panel and Layout Review
b. Heat tape circuity.
c. New unit for narcotics room electrical routing.
d. Verification of replacement units and current loads. e. Fire dampers for HVAC.
f. Light for narcotics room.
d) Water Suppression upgrades for the Narcotic room, if required by law. e) Waterproofing peer review services
f) Complete the design set, to include updated mechanical plans, electrical plans and roofing upgrades.
Phase 3: Documentation and Specifications (Ongoing)
Original Scope: Prepare detailed Specifications and Details for Bidding purposes.SD set delivered. (10/23/23)
Mechanical scope of work revised. (1/26/24)
Evaluate electrical systems to ensure compliance with standards and load requirements. (Scope Addition)
Additional Scope: Update Construction Estimate based on scope additions and revisions.
Additional services to include:
All specifications to follow AIA standard template. Materials are to be specified as one of the following
a) 3 equal materials
b) 1 material, no substitutions allowed
c) 1 material, substitutions allowed
d) Substitution request form template to be provided if substitutions allowed, including owner review portion.
e) Sample specification to be submitted prior to completion of entire packet for approval. f) Mockup requirement of metal roofing in comparison to county (for color approval). g) Physical Material Submittal requirements
h) Specifications to be indexed with hyperlinks to each applicable section Phase 4: Construction Support (Ongoing)
Original Scope: Provide support services during
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6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com MDEP, Inc.
repair/construction. Assist during bidding and
construction phases.
Meet with City and PD staff to review design and upgrade options.
Attend meetings with the City, either virtually or in person, during the course of design and construction.
a) Additional Services: On time and materials basis for not to exceed 40 hours, to include the following services: Review of all material submittals for approval in coordination with the plans and specifications within 5 business days.
b) Review of material substitution requests for approval in coordination with the plans and specifications within 5 business days.
c) Review of RFI’s posed by the contractor with response provided within 5 business days. d) Onsite structural observation to be performed after roof demolition & new mechanical openings roughed in, prior to new roof placement.
e) Formal as-built plan set to be provided at project completion via digital format as adjustments to the bid set of plans.
f) Bulletin/CCD preparation for submission to building department in event of material change necessary to plans/specifications.
MDEP Construction Administration Fees:
Based on the scope of work and hourly rates, the proposed budget through the closure of the remaining items and construction-stage support of the planned project is estimated as follows:
Principal Engineer (Estimated 6 hours) - $1,710
Project Engineer (Estimated 10 hours) - $1,875
Construction Administration - RFI and Field Support (Estimated 14 hours) - $2,870 Drafting, Coordination, and Permitting Services (Estimated 10 hours) - $1,500 Proposed Budget Increase ~15%: $7,955
Consultant Fees (Requested External Services):
Specifications Consultant (Flat fee) - $7,000
Electrical Engineer Consultant (Flat fee) - $2,500
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6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com MDEP, Inc.
Reimbursement - Building Department Permit Fees:
Permit Fee charged by the City of South Lake Tahoe $2,250 (paid by MDEP on 4/3/2024). Any potential permit fees or jurisdiction charges are expected to be paid by the appropriate Jurisdiction via forwarded invoice, or reimbursed to MDEP following coverage.
Proposed Project Budget Amendment (combined): $19,705
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6435 Caminito Blythefield Ste. G ● La Jolla, CA 92037 ● (858) 886-7207 ● www.mdepstructures.com MDEP, Inc.
Schedule:
Phase 1: Project Initiation and Assessment - Completed
Phase 2: Design and Recommendations - Completed
Phase 3: Documentation and Specifications - 7 weeks (12/30/24 Review, 1/31/25 Deadline) Phase 4: Construction Administration and RFI Support - 6 months The additional budget will enable all parties involved to effectively address the remaining aspects of the project. MDEP remains committed to project completion within the revised timeline and is confident in our ability to deliver high-quality results. We understand that time is of the essence. Please contact us at any time for more information.
Thank you for your review,
MDEP, Inc.
Matthew Mangano, Principal
M G Mangano
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: December 10,
2024
Agenda Item #:14
Agenda Item: Amendment No. 7 to Agreement with Jordan Knighton Architecture Engineering for Architectural and Engineering Services for the Multigenerational Recreation and Aquatics Center Executive Summary: Phase 2 construction sequence has been in progress since May 2024. Over the course of construction, we have encountered a combination of staff requests/recommendations about increased audio/visual capacity in both the gymnasium and the upstairs event space, as well as material selection modifications/minor design changes throughout the facility to improve the City’s future ability to properly maintain the facility and enhance the utility of the designed spaces as they pertain to storage of equipment and overall functionality. Staff has also received a design change directive from STPUD regarding the fire suppression main that feeds the facility. This directive requires the civil engineering design team to perform additional surveys and design/permitting efforts. Additionally, the original structural engineering was designed for the MEP (mechanical, electrical, plumbing & fire) systems to be suspended from the open web joists via Unistrut. While an acceptable method of construction, an alternate has been proposed by the construction team that includes the installation of individual hanging rods suspended from the metal pan roof decking. This alternate installation methodology allows for cleaner organization of the exposed MEP elements, flexibility in installation locations & increased production in installation. To complete this alternate installation methodology, a structural analysis of the metal pan roof decking must be completed to ensure the allowable weights of the individual hanging rods. Finally, to date, there have been 570 submittals provided by the construction team to the design team. Many of these submittals need to be reviewed for their LEED qualifications to achieve LEED Gold status. There has been more time than originally anticipated to review these submittals due to more substitutions than originally estimated, material availability, and the necessity of multiple reviews due to more information being required to substantiate the LEED submittal requirements. Staff is recommending approval of Amendment 7 with JKAE for an additional fee of $108,920, for a total fee not to exceed $5,060,303. Staff proposes utilizing the already approved construction contingency funds for this work.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 7 to the Professional Services Agreement with Jordan Knighton Architecture Engineering for an additional $108,920 for a total not-to-exceed amount of $5,060,303 for added scope of services for the Multigenerational Recreation and Aquatics Center.
Responsible Staff Member: Ricky Riddle, Construction Manager/Facilites Program Manager 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 - JKAE Amendment 7.docx
02-Amendment No. 7 to Agreement with JK Architecture Engineering.pdf 03-C-084-2020 JK Architecural Eng. for Rec Ctr.pdf
04-C-010-2021 Amendment No. 1.pdf
05-C-108-2021 Amendment Nos. 2 & 4.pdf
06-C-106-2022 Amendment No. 5.pdf
07-C-031-2023 Amendment No. 6.pdf
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Council Agenda Report December 10, 2024 Page 1 of 5
City of South Lake Tahoe
Report to City Council
Meeting Date: December 10, 2024
Title: Amendment 7 to Professional Services Agreement for Architectural and Engineering Services with Jordan Knighton Architecture Engineering for the Recreation and Aquatics Center
Location: 1100 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Ricky Riddle, Construction Manager/Facilities Program Manager (530) 721-1250.
Background: On July 28, 2020, the City Council approved a Professional Services Agreement (C084-2020) with Jordan Knighton Architecture and Engineering (JKAE) for $2,535,080 for architectural and engineering design services for the proposed recreation and aquatics center.
During design, there were several contract amendments due to changes in scope and city requests. On February 2, 2021, the contract was amended (Amendment 01) to include A/E Services for an increased project scope, facility size, and value of $1,193,328. On September 7th, 2021, the contract was amended (Amendments 02 and 04) to include A/E services for the project's new location in the amount of $193,007. On June 21st, the contract was amended (Amendment 05) to include construction administration services in conjunction with the construction award of Phase 1 of the Rec Center Project construction for $885,428 and includes future Phase 2 construction administration. On March 14th, 2023, the contract was amended (Amendment 06) to provide value engineering services and necessary scope changes related to the project's re-bid in the amount of $144,550. (Note: JKAE Amendment 03 was not considered by city staff for award).
Issue and Discussion: Phase 2 construction sequence has been in progress since May 2024.
Over the course of construction, we have encountered a combination of staff requests/ recommendations pertaining to an increased audio/visual capacity in both the gymnasium and the upstairs event space, as well as material selection modifications/minor design changes throughout the facility to improve the City’s future ability to properly maintain the facility and improve the utility of the designed spaces as they pertain to storage of equipment and overall functionality.
Staff has also received a design change directive from STPUD as it pertains to the fire suppression main that feeds the facility, which requires additional survey & design/permitting efforts from the civil engineering design team.
Additionally, the original structural engineering was designed for the MEP (mechanical, electrical, plumbing & fire) systems to be suspended from the open web joists via Unistrut. While an acceptable method of construction, an alternate has been proposed by the construction team that includes the installation of individual hanging rods suspended from the metal pan roof decking.
This alternate installation methodology allows for cleaner organization of the exposed MEP elements as well as flexibility in installation locations & increased production in installation. To 338
Council Agenda Report December 10, 2024 Page 2 of 5
complete this alternate installation methodology a structural analysis of the metal pan roof decking must be completed to ensure the allowable weights from the individual hanging rods.
Finally, to date, there have been 570 submittals provided by the construction team to the design team. Many of these submittals need to be reviewed for their LEED qualifications to achieve LEED Gold status. There has been more time taken than originally anticipated to review these submittals due to more substitutions than originally estimated, material availability, and the necessity of multiple reviews due to more information being required to substantiate the LEED submittal requirements.
Staff has discussed with JKAE to provide cost estimates for these items and has received proposals. To move forward with the above-mentioned scope change, the Public Works department will need to formally amend the Professional Services Agreement (Attachment 02 – Amendment 7) via City Council Approval.
The general scope of work by JKAE is shown below and detailed in Attachment 02.
Task 1 - STPUD Water Tie-in
Engage licensed surveyor for the survey of domestic water point of connection in Highway 50 right of way.
Provide revised detail per STPUD standard hot-tap tie in connection condition in a plan set to be submitted to Cal-Trans for Highway 50 encroachment permit. Provide design level assistance in the completion of the hot-tap tie in & all associated permits to be acquired.
Task 2 - AV Design Services
Analyze the Gymnasium and upstairs Event Space for the optimal layout of projectors, projector screens, speakers, and audio-visual controls. Engage electrical/AV design consultant to provide design feasibility options accounting for all conduit, hardware, equipment, optimal viewing angles, and control locations.
Engage structural engineering consultant to ensure code compliant mounting and bracketing to the structure.
Engage mechanical engineering consultant to evaluate ductwork interface and condition with projector screen and AV components.
Provide all specifications, scoping, pricing, planning, and execution from an architectural perspective to complete task.
Generate schematic design to be provided to contractor for final pricing prior to full execution of all scope items.
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Council Agenda Report December 10, 2024 Page 3 of 5
Task 3 - Material Finishes/Minor Modifications
Advise staff on feasibility of design changes as they relate to project financials, construction schedule, and code requirements and assist in cost estimation for appropriate tasks.
Generate schematic design for conceptual pricing estimates from contractor. Engage in MEP/Structural design consultants as needed to execute design changes as requested by staff.
Provide design cost estimates as they pertain to individual design modification tasks. Formalize design changes into contract drawings and specifications as needed on a per task basis.
Task 4 - Metal Roof Decking Structural Analysis
Hosting/attendance from architectural and structural design team of meetings with the construction team to accommodate the installation of individual hanger rods. Coordination with trades/construction personnel throughout the installation process. Full structural review of the load requirements and calculations as pertaining to the proposed installation method.
Submittal review and approval of the hanger attachments.
Task 5 - LEED Submittal Reviews
Allocation of additional funds to LEED consultant for additional time allocation in submittal reviews of LEED related products.
Oversee the review and processing of remaining LEED submittals for accuracy and project design intent.
Coordinate up to three additional one-hour virtual LEED CA meetings as needed by the construction team.
JKAE Contract C-084-2020
Contract Item Description Value
Base Contract $2,535,080.00
Amendment 01 Scope changes due to larger facility design $1,193,328.00 Amendment 02 & 04 Scope changes due to project relocation to another site at 56 Acres
$193,007.00
Amendment 05 Construction administration services for facility construction phases 1 & 2
$885,428.00
Amendment 06 Scope changes required for re-bidding the project $144,550.00 Amendment 07 Multiple Tasks (Listed Below)
Task 1 Scope changes required for new STPUD tie-in of fire main
$7,040
Task 2 Scope changes required for added Audio/Visual needs in the gymnasium and event space.
$36,700
Task 3 Scope changes required for minor material/finish selections throughout the project
$50,000
Task 4 Scope changes required for alternate MEP supports from metal deck roofing
$9,680
Task 5 Scope changes required for additional time in LEED submittal review
$5,500
Table A – Approved Contract Change Orders affecting existing Project Contingency Appropriation 340
Council Agenda Report December 10, 2024 Page 4 of 5
Financial Implications:
The additional services for the design work total $108,920. Staff is recommending funding the additional design services utilizing the available 5% contingency balance in the project account. The Construction contingency allocated by resolution 2023-073 with Roebbelen Contracting Inc. and by the bond proceeds reconciliation resolution 2023-086 was $3,392,555. To date, construction change orders approved have totaled $496,610, with an estimated $544,671 with additional pending construction change order amounts in which final amounts are still in negotiations.
Original construction contingency of $3,392,555.
Estimated construction contingency use of $1,041,281 to date. Estimated $2,351,274 remaining construction contingency amount.
The total current balance in the Project Contingency line item 301-60018-48032 is $3,587,725 and resulted from the additional previous contingency appropriations for the Phase 1 of the project of $551,146 and its usage of $356,476. No additional funding is required to be added to the project at this time. The additional services for the design work with JKEA will be funded from the total available contingency amount of $3,587,725.
Environmental Considerations:
California Environmental Quality Act (CEQA) negative declaration documents for the 56 Acre Master Plan and the Recreation and Aquatics Center were approved by the State Clearing House (file #2021120206) and the Notice of Determination filed with the El Dorado County Clerk on 1/19/2022.
Policy Implications:
The Project is consistent with the following Strategic Plan, General Plan, Community Plan and Recreation Plan documents:
Strategic Plan 1.2 – Mid-town Revitalization - Action Item
1. Complete the new Recreation and Swim Complex and in the meantime, maintain the current complex for resident use.
General Plan Policy LU‐3.2: Neighborhood and Recreation Connectivity. The City shall improve connections and access to a wide range of recreational opportunities, which will improve the quality of life of residents and visitors.
General Plan Policy LU‐8.1: Mountain Architectural Theme. The City shall promote the use of a “mountain” architectural theme in all new and remodeled developments. Mountain architecture features the use of pitched roofs, natural colors, and natural material such as rock and wood.
General Plan Policy LU‐8.2: Native Plant Use. The City shall require the most environmentally efficient and attractive landscaping at all City‐owned public buildings and encourage their use and maintenance on private property.
General Plan Policy LU‐9.1: Sustainable Construction Methods. The City shall promote the use of “green” and sustainable construction in new housing units, commercial developments, and mixed‐ use centers.
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General Plan Policy LU‐11.3: Equitable Distribution of New Public Facilities and Services. The City shall plan for the equitable distribution and use of new and upgraded public facilities and services that increase and enhance the entire community’s quality of life.
General Plan Policy LU‐11.4: Quality of Life for all Age Groups. The City shall develop a strategy to provide amenities and facilities that support a high quality of life for all age groups.
General Plan Policy ED‐1.10: Expanding Events and Entertainment Opportunities. The City shall encourage the sponsors of sporting events, festivals, parades, international competitions, and entertainment shows to hold events at public (e.g., Parks and Recreation facilities, roads, or public lands) and private facilities in South Lake Tahoe, particularly during off‐season (Spring and Fall).
The City shall also participate in community organizations specifically formed for this purpose (e.g., Sports Commission).
General Plan Policy PQP‐8.4: Coordination with Utility Providers. The City shall coordinate with gas and electricity service providers to site and design gas and electric systems to minimize environmental, aesthetic, and safety impacts to existing and future residents.
General Plan Policy PQP‐10.1: Social Activity Centers. The City shall design new community centers and other types of public facilities as social activity centers.
General Plan Policy PQP‐10.2: Energy Efficiency in City Buildings and Facilities. The City shall incorporate energy efficiency standards into all City‐owned. 342
City of South Lake Tahoe – JKAE
PSA Amendment No. 7 to the Master Agreement
Amendment No. 7 to Professional Services Agreement with JK Architecture Engineering
The Professional Services Agreement C-084-2020 entered into on July 28, 2020, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and JK Architecture Engineering (JKAE) (“CONSULTANT”) is hereby amended as set forth below.
The terms of the Professional Services Agreement are hereby amended to read as follows:
1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated July 28, 2020, this Amendment to the Agreement adds the work described within Exhibit A “Compensation Schedule”, attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 007 to the Agreement.
3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement is hereby increased with these Amendment No. 7 by the sum of $108,920 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $4,951,383 plus the additional fee of $108,920 for an amended total fee of $5,060,303 without written authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Mayor Jordan Knighton
Partner JKAE
Business License # 008282
APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 343
AUBURN | TRUCKEE-TAHOE | RENO | SAN JOSE
11661 Blocker Drive, Suite 220, Auburn, CA 95603 530.888.0998 IMAGINE | DESIGN | BUILD
www.jkaedesign.com
LETTER OF AUTHORIZATION
Task 1 – STPUD Survey
CLIENT: City of South Lake Tahoe DATE: September 16, 2024 ATTN: Ricky Riddle PROJECT: 20-370 Recreation Swim Complex PROJECT AMENDMENT:
In accordance with the Professional Services Agreement for the above-mentioned project, dated July 28, 2020, this Letter of Authorization to Proceed confirms that our estimated effort for this project has been adjusted as follows:
Task 1 – STPUD Survey
Scope: Surveyor (Psomas) to perform survey of domestic water point of connection point in Highway 50 right of way. Formal survey proposal to follow as backup and JKAE will forward to City of South Lake Tahoe. See Exhibit A for general overview of survey area to be performed by Psomas.
Traffic Control Note: Psomas does not anticipate the need for a traffic control plan. Psomas anticipates using cones for safety purposes and will try to avoid blocking traffic or adjusting traffic flow. Should a formal plan or additional permit submittal be required, City of South Lake Tahoe will be responsible for those efforts or will request an additional service from surveyor through JKAE.
Schedule: In the interest of time, JKAE requests a quick turnaround of this proposal approval by the City of South Lake Tahoe as the Survey (Psomas) will need several weeks to schedule.
Based upon this additional effort we estimate that our contract amount shall be modified as follows:
Estimated Fee:
Psomas: $ 6,400.00
JKAE (Coordination): $ 640.00
Total T&M (Est. Maximum): $ 7,040.00
Surveyor Estimated Budget:
PM/PLS Coordination: $ 680.00
Field Crew 1 Extended Day: $ 3,500.00
CAD Mapping: $ 1,620.00
Estimate: $ 5,800.00
10% Contingency: $ 600.00
Total Estimated Fee: $ 6,400.00
Budget Note: The above budget is not a Fixed or Not to Exceed Fee. Should actual survey based on field conditions require additional survey extents or time, JKAE will ask for written justification from Psomas for City of South Lake Tahoe review and approval.
Please acknowledge your acceptance of this Letter of Authorization with your signature below and return via email.
Sincerely: Approved:
Jordan Knighton Architects, Inc. (dba JKAE)
Patrick Sheehan, Project Manager Client Date
Chris Vicencio, Partner, C 26985 Print Name / Title
Amendment 7
Exhibit A
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DECK
BELOW
33.09 F.D.C.
B.F.P.
P.I.V.
33.10 33.08
SIM. TO DTL. 10/P5.0.1-2.
COORD. FINAL INVERT
DEPTH AS ELVATOR
DRAINAGE PIPE
ENTERS DRY-WELL
14X8 HOT TAP.
SADDLE, TRENCH/PIPE AND
TRAFFIC CONTROL TO BE
PROVIDED BY CONTRACTOR.
PRESSURE TEST/SAN-T TESTING
PRIOR TO CONNECTION.
50' - 0" 50' - 0"
U.S. HWY. 50
DATE:JOB NO:SHEET REF:
architecture + interiors + engineering
CSLT Project. No.:0160018-BN2WDID No. / App. I.D.: 6A09LT000120-551577 EXHIBIT A 20-370 CITY OF SOUTH LAKE TAHOE SOUTH LAKE TAHOE RECREATION AND AQUATICS CENTER A1.0.1-208/26/24 1" = 30'-0" 1
SITE PLAN - OVERALL - NEW SURVEY SCOPING PLAN
EXHIBIT A
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AUBURN | TRUCKEE-TAHOE | RENO | SAN JOSE
12242 Business Park Drive, Suite 19, Truckee, CA 96161 530.583.9222 IMAGINE | DESIGN | BUILD
www.jkaedesign.com
LETTER OF AUTHORIZATION
Task 2 – AV Design Services
CLIENT: City of South Lake Tahoe DATE: October 21, 2024 ATTN: Ricky Riddle PROJECT: 20-370 Recreation Swim Complex PROJECT AMENDMENT:
In accordance with the Professional Services Agreement for the above-mentioned project, dated July 28, 2020, this Letter of Authorization to Proceed confirms that our estimated effort for this project has been adjusted as follows:
Task 2 – AV Design Services
Client has requested a proposal to add AV capabilities to the Gymnasium and Event Space. JKAE and its Consultant team will begin by analyzing the optimal size, number, and placement of screens, ensuring their orientation maximizes visibility based on the audience size and location, which will be coordinated with the Client. Electrical & AV Design: We will evaluate the placement of one large screen, oriented north/south along the eastern end of the room versus a smaller screen positioned east of the proposed athletic demising curtain, with an additional option for two screens. The optimal height and viewing angles will also be determined to enhance the audience’s experience. Electrical and AV conduits, as well as controls, will be routed or located at the existing switch banks if feasible. A flush floor conduit will be installed for a lecture podium, and all necessary equipment, including the screen, projector, and control system, will be specified as part of this design. For the event space, re-evaluate current design for best viewing. Review speaker and projection equipment with client and coordinate any changes to specification. Structural Engineering: The structural design will address the necessary structural support, including brackets and bracing for screens and mounting for the projector. AV controls and the equipment will be designed to be mobile, allowing them to be easily moved when needed. Existing drawings will be updated to include the exact height, lateral positioning, and deployment of the equipment, ensuring compatibility with existing joists, framing, and basketball hoops.
Mechanical Engineering: The currently designed ducting system will be carefully evaluated to avoid any interference with the screens, ensuring the new design is optimized to prevent unwanted airflow from affecting the screens’ stability and performance. For the event space, coordinate mechanical equipment around preferred AV alignment. Architecture: Architectural Design will include a specification of a compatible podium, necessary storage for all elements, coordination with the overall layout and design. JKAE and BRS will coordinate necessary meetings between designers, contractors, and trade partners to appropriate scoping, pricing, planning and execution. Execution includes permitting and construction administrative activities associated with accommodating this change. For the event space, re-evaluate current design for best viewing. 346